Gana Notes - Land Titles (Atty. Padilla)

8/14/2019 Gana Notes - Land Titles (Atty. Padilla)

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Gana Notes 2013 Land Titles Atty. Lorenzo Padilla

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June 8 20132 Segments of Subject

Regional registration procedure Registration of titles in court

Public Land Act Administrative legalization of imperfect titles Ends with registration of title PD 1529 registration of transactions involving unregistered lands Process where given a patent or grant, based on the provisions, registration is made with registry of

deeds leading to issuance of certificate of title Under Torrens system of registration

Land as Titled Land Private Land

o Section 14 alienable lands of the public domain related to Judicial Confirmation of ImperfectTitles

o Acquired through prescription or accretiono Acquired through reclamation acto Upon compliance with all provisions of Public Land Act and other provisions regarding

acquisition of lands, removed from public domain and it becomes private. Only needs showingin court that he has complied with all requirements prescribed by the government. Even thegovernment cannot deny his right to such land.

Publico Forest (cannot be registered)o Mineral (cannot be registered)o Agricultural - if no one has title to land

Can be titled, brought under the Torrens System Subject of patents or grants Can be disposed through either

Administrative Process Section 15 of PD 1529 o Given through patentso Given through grants

Judicial Confirmation for Imperfect Titleso Title is thereo Just need to prove that all the law has prescribed for the acquisition has

prescribed has been acquired.o Proceeding can have 2 kinds: ordinary and cadastral proceedings. Some

provisions of ordinary proceedings same for cadastral proceedings.

Ordinary Land Registrationo Confirming titleo May find in favor of applicant that he has all the requirements for the titleo If denied, can reconstitute proceeding to be granted the title. Thus, no res judicata.

Cadastral Proceedingso Initiated by the Presidento Public interest demands that some land be adjudicated


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o Cadastral survey is published in Official Gazette. Occupants of land must make their claimsknown to the persons making a cadastral survey. Cadastral land numbers are assigned. From theland bureau to the Office of Solicitor General. Latter institutes action to have land titled.

o More adversarial in charactero If it cannot be registered for claimants, declared a public land. Res judicata will apply.

Decree of Registration Done by Registry of Deeds where land lies

Land Registration Proceedings Arises when corresponding certificates of title have been prepared and done on the basis of a decree for

registration Administrative Land Registration Authority issues title if the decision already reaches finality

Essence of Registration Involves making an entry in registries Either through ordinary or cadastral proceedings

Adjudicating Title

PD 1529 Re-enactment of old registration act Patterned after Torrens Title from Massachusetts Torrens is an Australian who found a way to deal with problem of land registration. He came up with

some sort of security not found in other forms of registration. In the Philippines, we had an adaptation of Spanish mortgage law which dealt with registration of

Spanish titles. It allowed registration of certain forms of titles. (DIR. OF FOREST MINISTRY v. MUNOZ).There has already been a discontinuance of Spanish titles and cannot represent ownership over lands.

Torrens Title sole mean of registering land. Right now, IPRA allows titling of lands under TorrensSystem.


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June 15 2013PD 1529, Introduction

No change as regards its substance as compared to Act 496 . Most of the latter's provisions have beenreproduced in PD 1529 .

Shows stability of the principles. For the most part, we can say that most of SC Decisions regarding the

Old Land Registration At continue to be good law despite PD 1529 . That's why many of the casesassigned have been decided under Act 496 . However, there are still some changes.

Public Land Act Section 48 contains provisions for acquiring title to alienable and disposable lands of public domain. It

is now been appealed by PD 1529 where it requires possession of land of public domain to be from 1945or earlier.

To enable us to see the interaction between that law and the provisions of PD 1529

PD 1529 Procedures of land registration proceedings Rules of officers in charge: Registry of Deeds, Registers of Deeds Not been modified or amended to take into account process being undertaken now by the LRA. Land Registration Authority can be traced through this

Chronological Revolution Problems which caused controversies which led to court litigations have now been steadily reduced on

account of the application of technology to registration if transactions involving registered andregistered lands.

Registration books are steadily transforming into digital format. A certificate of title originally in paperform, you may now transform it in digital format. That way, keeping of records will be digital.

You can now monitor transactions with Land Registration Authority (LRA) through the Internet using theserial number on official receipt.

Courts confronting changes in kinds of procedures as well as challenge of digitalization/ paperlessrecording and filing system.

Important Interests Remain stable regardless the changes

PD 1529 , Provisions Whereas Clause Ambitions of the writers of the law. To take care of problems regarding registration of

lands. It managed to bring together provisions which were once contained in different laws. There's nowa complimentary judicial process to land registration proceedings. Proceedings for ordinary landregistration proceedings are carried over from Act 496 .

Chattel Mortgages - Integrated registrations of such. Thus, did not include only registration of land. Muststill go to Chattel Mortgage Law to know the processes. Section 2

o It describes that land registration proceedings are in accordance with the Torrens System. TheTorrens System was established in South Australia. The Old Land Registration act is almost areplica of the Massachusetts Land Registration Law. One of the principles of Torrens System isthat ownership is acquired through registration.

o First you must deal with the characterization of the land to register it.


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There is public (forest, mineral, agricultural) and there is private. There is a process toacquire title over the alienable public lands. You can legalize or confirm an imperfecttitle.

You must achieve certain conditions in order to get a veritable title of ownership infavor of a person which he can assert even against the state. They can veritably claimprivate ownership. It's in those conditions that the State may be said to have given theirconsent to give the land. Everything else is owned by the State under the Regaliandoctrine.

o Describes land registration proceedings as in rem. This refers to the effect of proceedings, which is to bind the whole world in relation to a

particular property and its outcome effective against the whole world, regardless of whoare the parties of the proceedings or if others are ignorant about them.

In rem proceedings are not real actions. Some real actions are in personamproceedings, they bind only particular persons.

An in rem proceeding makes a decision binding on the property. Thus, persons must benotified of the proceedings and there must also be notification.

Land registration proceedings are preceded by notifications in the official gazette. People notified maynot even be in the Philippines and may be ignorant that these proceedings have taken place. What isessential is the service of notice by publication and it serves as constructive notice against the wholeworld.

You must indicate actual occupants of the land and adjacent land owners to give them time to opposethe registration proceedings or give them time to file answers.

o Owners of adjacent lots may be unknown or despite search, it's hard to ascertain who owns theadjacent lots. If you say how hard you tried to find them, may be substitute to actual notice.

o However, if in personam, it is important to determine the persons because it determines court s jurisdiction. Thus, any decision the court makes will not be binding on those persons notnotified. The whole world will not be affected by the proceedings.

Quasi in rem proceedings also involve titles. An action to quiet title is instituted when there is doubt to

who owns the land. It's not exactly in rem or in personam. The judgment rendered upon the court willbe binding upon the property as regards a certain person. For foreclosure of property, they are alsoquasi in rem proceedings.

Section 2, Paragraph 2 o Says jurisdiction of courts.o Now, RTC has jurisdiction over original registration of lands all over the Philippines. There is a

similar describing Land Registration Court, but Section 2 has a slight and better change. Theslight change represented a substantial improvement represented by PD 1529. It broadened the jurisdiction of Land Registration Courts.

o AVERIA v. CAGUIOA: Judge decided that the case was beyond his jurisdiction since LandRegistration Courts are very limited. Adversarial proceedings may take place though where theCFI acts with general jurisdiction.

o However, notion of limited jurisdiction relates only to procedural matter. If parties agree, thesame court may act upon the case as Land Registration Court. If they disagree, it still goes to thesame court as court of general jurisdiction since the same court has 2 different roles.

o Nowadays, Land Registration Courts have broader jurisdiction. Thus, the cases regarding jurisdiction no longer apply. "Courts of First Instance shall have exclusive jurisdiction over all applications for original

registration of title to lands, including improvements and interests therein, and over all


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petitions filed after original registration of title, with power to hear and determine allquestions arising upon such applications or petitions."

Land Registration Courts may now address questions not directly related to landregistration but it arose while the case was pending.

Extent of Land Registration Proceedingso By compliance of applicant of jurisdictional requirements, specially publication of notice of

hearing in Official Gazette, the thing which can never be absence.o Finality comes when reglamentary period for appeal has expired or if all remedies have been

exhausted and a final decision has been rendered and there is no longer any room for appeal. Land registration proceedings are special proceedings.

o Special proceedings has for its object an establishment of status right or fact.o If the judgment of land registration court has attained finality, Rule 39 of the Rules of Court has

no counterpart. Writ of possession of writ of demolition may be issued. Section 32

o Petition to review or revise a decree issuing decree of registration in favor of a different person.Victim of fraud may have decision reviewed within one year after the decree is issued.

o Motions of writ of execution, if one failed to act within 5 years to further the case.o There is no occasion in Land Registration Cases to resort to Rule 39 .o Land Registration Proceedings is not considered terminated until after 1 year after issuance of

decree. In the meantime, proceedings are ongoing. Court, to have jurisdiction over a land registration case, the applicant must show during the initial

hearings that he complied with the jurisdictional requirements.o Thus, the date of initial hearings are important. He must convince the court he has done what is

required for the court to act on his claim. Initial hearing only gives court a chance to know therehas been compliance with requirements.

o He must publish in official gazette or post at the bulletin boards of the provincial/city/ municipalbuilding.

o If person discovers himself not having been served due notice, he is given way to question

decree of registration. When so questioned and proved, it may be set aside and a newadjudication may be rendered by the court. Courts may not register lands may not be registered.

o ROJAS v. CITY OF TAGAYTAY: Land Registration Court may not divest registered owner of hisland.

o Double or successive registration is common in jurisprudence. Land earlier registered will prevailover land subsequently registered.

The court does not carry out process of registration.o It is an administrative process performed by LRA issuing a decree of registration on the basis of a

judicial order. On that as basis, it will undergo proceedings to register land to the owner.o Decree by court is only a preliminary step. One must pass through ordinary or cadastral

registration proceedings first. Section 14

o Occupation or possession dating 1945 or earlier. It is required only at the filing of application.o May enter forest land and apply for its title if at the time if filing, it is already alienable private

land.

Cadastral Proceeding Begun by the President of the Philippines where he orders that claims over certain lands be settled.


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Torrens System When we were conquered by Spain, persons may claim ownership through their systems if registration.

However, the Torrens Title vests one with ownership with imprescriptability. The Spanish title didn'thave such characteristic.

Land Registration Proceedings under Torrens Title implies ownership.o You cannot go through these proceedings if you are not yet the owner.o If land is vested in the name of the owner not the title, the persons whose name appears there

still does not acquire title since registration assumes you already have ownership. Also, the system is instituted for the security of the registered owner.

o The whole process of registration is designed to settle conflicting claims over property whereyou have confirmation of title proper for registration in ordinary land proceedings or in cadastralproceedings, a title in favor of the true owner. It decides such once and for all.

o Thus when a title is issued it is conclusive on the whole world. The title itself quiets theconflicting claims of ownership.

o Once adjudicated as owner, he is the owner until he disposes it. After it is registered, no otherperson may register it in his name.

Can facilitate transaction of registered lands. Possible of one with a Spanish title may lose the land if oneoccupies the land and acquires such through prescription.

Has established a monopoly because of PD 1529 . One who has a Spanish title will be regarded as holding property unregistered in character. Can no

longer be presented in court as evidence of ownership.

Limitations of Certificate of Title Merely confirms pre existing right, not a means to acquire ownership. It is only evidence of title. It is good only if the holder is really the owner. It also means that title may not

be used to perpetrate fraud. Protection is not considered absolute.

o Person who owns a parcel of land beside the river may lose a part of the land by action of the

nature. The Torrens Title does not operate to make him an owner of the river if the latter ate apart of its land. Owner is always subject to the actions of nature.o AGNE v. DIRECTOR OF LANDS: The river changes its course and makes available a vast tract of

land. Even if the property is titled, it cannot extend to what is covered by the river. The owner ofthe abandoned river bed, under the Civil Code, belongs to the person whose property is nowcovered by the new river bed. He gets compensation for what he loses through the action ofnature. However, he must still register that land as his. Also, because it is private property, itcannot be awarded by the government through free patents. Free patents may only allocatealienable and disposable public lands. The free patent in the case was declared to be fatallyinfirm. Mere fact of issuance of certificate of owner did not deprive the owner of the parcel ofland.

Not a shield for illegally included lands. TARAGAY v. CA: Confirmation of entitlement to registration overbroader piece of land. Lands not owned by registered owner were included. Registrant will not benefitfrom certificate if he does not in fact own the land.

Non-registrable Matters In law of property, there is property of public dominion and property of private ownership. Property of public dominion is owned by the State regardless of whether or not it is registered. There are some properties owned by the State owned in its private capacity. May be lumped together

with private ownership. It may be grout under the operation of the Torrens System.


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Legislators may reclassify certain areas of land which may be classified as agricultural land and have itcovered by certificate of title.

o INTERNATIONAL HARDWOOD v. UP: Involves vast forest land in Basilan which were given to UP,covered by UP Land Grant. It was reclassified by Congress itself and awarded by titling. It was byvirtue of legislative enactment that parts of the forest were withdrawn so the university mayuse the lands for agricultural courses. The grant to UP was sustained by the court.

o Classification of land is by no means permanent. Right to reclassify lands, in the Public Land Act ,it may be granted to the Executive Department. DIRECTOR OF LANDS v. MUOZ: Power toreclassify belongs even to the Bureaus.

Section 44 of PD 1529o Streets and public highways are not subject to registration proceedings. Even if one succeeds in

registering lands, by reason of having suppressed the fact that a street is located in that land, hestill does not own the land.

o DPWH, Provincial Governor and Municipal Mayor need to be served notices. There are certain things which bind the title even if it is not stated in the requirements.

o LEDESMA v. ___?___: Title cannot cover streets and public highways are non-registrable.as longas there is in fact a road, title to such may not be acquired by the registered owner even if thefact is not stated in the title.

REPUBLIC v. AYALA: Titles were issued covering lands several meters under territorial sea. They wereheld not to vest ownership over land under territorial waters. They were valid only up to the extentwhich covered areas which are registrable.

Foreshore lands are also not registrable. Government can at any time reclaim title over foreshore landsalready registered.

Shorelines of Laguna de Bay are lakeshore lands.o They may be titled and registrable as long as they were not reclaimed and did not go through

human intervention.o Constant deposit of alluvial dirt brought about by the natural ebb and flow of Laguna de Bay

may be titled and may be owned by owners of land adjacent to the river.

Forest and timber lands are non-registrable.o Mangrove lands, by reason of amendment to the Revised Administrative Code , are classified asforest lands.

o Before title over them may be applied, it must be proven that they were reclassified from thatcategory.

1987 Constitutiono States that the legislature must define forest areas. Government must enact certain legislation

which will once and for all delineate certain areas as forest in character.o DIRECTOR OF LANDS v. MUOZ: Permanent classification of forest areas which are the source of

Metro Manila's water reserve. Those classified as forest may later become suitable for agriculture.

o Even if it lost the appearance of being forest lands, without official declassification of theselands, they cannot be registered under a Torrens System.

o Legal occupation of once non-registrable lands may begin only after it has been reclassified andmade available for private acquisition.


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PD 27 Manifestation of orientation of the Marcos Regime to undergo land reform Among the first decrees issued by Marcos Instituted operation land transfer where the tillers of the soil were made owners of it, with regard to

certain categories of agricultural land. They were emancipated from their bondage on the soil. They were given an emancipation patent through Sections 104 and 105 which leads to the registration if

an OCT if the land is unregistered.

Administrative Issued Titles Issued in pursuance to Section 193 by the Register of Deeds It came about without intervention by the courts But it does not make an existence of title which is in the same category as one issued in a judicial

proceeding. It is a veritable Torrens Title. It approximates the effects of a Torrens Title issued in pursuance to a

judicial proceeding.

JUDICIAL PROCEEDINGS Steps

o Cadastral proceedings have become similar to the ordinary proceedingso Registration of titleo Decree of registrationo Note: Judicial proceeding precedes issuance of title. The decision of the court merely

determines that there is a title proper for registration. In the case of a cadastral proceeding, onethat is properly adjudicated for land registration.

Descriptiono Not static but dynamic one.o Registration of title may be rejected for not having a title since they did not satisfy the 10 or 30

year prescription. The applicant may come back after he finished the time for prescription and

will not be barred by res judicata.

Cadastral Proceedings Adversarial President decides that land must be adjudicated. What initiates it is a petition. Answers will be filed by the claimants. The court may award the land in favor of the government. This is if the claimants cannot prove their

claims.

Ordinary Proceedings Initiated by an application

The world is invited to participate Must show there is title proper for registration. May be dismissed for insufficiency of evidence. May result in a successful opposition since another may be more entitled for registration. The court may

decide that rather than the applicant it is the oppositor that has a proper title. The whole proceeding may be culminated in the court stating it will not register the property


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Prescription does not run against the State. Thus, it does not allow acquisition of publicalienable lands through prescription.

Public domain lands only become patrimonial when they are declared alienable anddisposable and there is an express government manifestation that the land ispatrimonial under Article __?__ of the Civil Code. Patrimonial property is already privateproperty, thus may be registered through a registration decree. There are two kinds ofprescription in which it may be acquired.

Under ordinary prescription, ownership is acquired after 10 years if good faithand with just title.

Under extraordinary prescription, 30 years is required regardless of good faithand just title.

Patrimonial property is private property incidentally belonging to the government and subject toprescription under the Civil Code.

Section 14 of PD 1529 o Addresses the question of who would be entitled to make registration in a sale with a right to

repurchase. The seller or buyer may institute the application.o The court will acquire notice regarding the agreement and will release title in favor of the

vendor or vendee.o The court must be informed of the transaction while the registration proceedings pending

Section 22 of PD 1529 o After the filing of the application and before the issuance of the decree of registration, the land

therein described may still be the subject of dealings in whole or in part, in which case theinterested party shall present to the court the pertinent instruments together with a subdivisionplan approved by the Director of Lands in case of transfer of portions thereof and the court,after notice to the parties, shall order such land registered subject to the conveyance orencumbrance created by said instruments, or order that the decree of registration be issued inthe name of the person to whom the property has been conveyed by said instruments.

o The law seeks to secure transactions involving unregistered lands.o

NATIONAL GRAINS AUTHORITY v. IAC: Understates importance of Section 22 of PD 1529 . Sold the same land with right to repurchase. The right to repurchase was not exercised.

The only ones who knew were the parties to the transaction. For transactions involving unregistered land, registration is needed to make it binding

on third persons ( Section 3 of PD 1529 ). Fact of retro sale was registered under Section194 of the Administrative Code , and subject to better rights. Had they registered itunder Section 22 , the Court would know it was the subject of a sale. Their failure tobring it to the attention of the courts was to the detriment of the buyer-spouses.

The land was registered in the name of the seller a retro. The title was eventually usedas collateral with National Grains Authority by the seller a retro. When the property wasforeclosed, the interest of the buyers a retro collided with the National Grains Authority.For the viewpoint of the National Grains Authority, the title did not indicate the claimsof buyers a retro.

The SC held that the buyers a retro's claims were cut off from the land. Registrationpursuant to Section 194 of the Administrative Code , and subject to better rights of theNational Grains Authority.

Section 139 of PD 1529 involves registration of unregistered lands. Trust

o Beneficial ownership may be removed from bare ownership.


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o The law allows action for reconveyance of title in favor of the owner.o Title is unchallenged and its validity is presumed. In the hands of a purchaser for value, the title

may no longer be questioned. When land is under an administration of an estate, an executor would be managing the estate pending

the distribution to the beneficiaries. May be accomplished through an extra-judicial settlement.

Registration Proceedings When two or more parcels of land are applied for, they may be combined in a single application as long

as they are all within the jurisdiction if the court. The RTCs have exclusive jurisdiction over these cases.o When the land borders on a road, whether public or private road, it is required whether the

applicant claims land within the limit of the road. It is best for the applicant to have the line ofthe road determined since the land is non-registrable.

o Additional facts may be required by the court to facilitate registration. Jurisdiction is determined by the land applied for. The application must be filed with the court having

jurisdiction where the land lies. It is best to draft your application along the format suggested by the law itself.

o The form is not simply a form since it contains substantial details regarding the land applied forregistration.

o It includes the names of the persons occupying the land and adjacent properties. If theoccupants of the adjacent land is unknown, may just state how hard they looked for them. Ifthey do not actually look for the adjacent land owners, it is actual fraud.

Actual Fraud Effort to deprive a person an opportunity to participate in theproceedings. It will help a person avail the remedy under Section 22 of PD 1529.

Clerk of Court is not obliged to accept the application unless the Director of Lands is provided a copy ofthat application.

Once the application has been accepted, the clerk of court must furnish the LRA a copy of the exhibitsand such on file.

o Section 2 of PD 1529 The Land Registration Authority functions like a clerk of court in

connection to land registration cases. It must publish the application form in the official gazetteand must even ask the sheriff to post those application forms.o REPUBLIC v. DOLDOL:

The thirty year period will no longer apply since occupation must be during June 12,1945 or earlier. The problem it spawned was that persons who were about to completethe 30 year occupation were suddenly disregarded.

Vested right doctrine only applies to those who already finished the 30 year period.


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July 6 2013PD 1529 One of the most important remedies available to persons aggrieved by land registration.

ORDINARY PROCEEDINGSApplication

Before going to the clerk of court, serve first a copy to the Director of the Lands Management Bureau.Or else, application will not even be accepted. Upon receipt of court, the next duty is to set the case for initial hearing by issuing an order. The order is

of a particular format that is suggested in PD 1529 itself, entitled "Notice of Initial Hearing." And then, there is service of notice of the petition.

o Who is serviced: Those likely to be interested; includes applicant of adjacent land owners. Some government departments are also serviced.

If with public or private roads, DPWH. If near bodies of water, Department of Fisheries. If the land is tenanted, Department of Land Reform.

o It must be personal service.o Proof of service is needed.o Bulletins boards of provincial/municipal/ city building must also have them.

Finally, there is publication in the Official Gazette.o Absent publication, the court will not acquire jurisdiction. They will only have jurisdiction over

the persons interested.o Notice is already a constructive notice to the whole world; the world is resumed to have notice

of the proceedings. Must file with RTC.

o After the oppositions have been filed, it may delegate the case to a Municipal Trial Court. Youcannot file directly with the Municipal Trial Court.

PD 1529 o Has form for notice of judicial hearing. It is addressed to all who are concerned which reflects in

rem character.o Order of general default symbolizes once refusal or failure to participate in the proceeding and

becomes binding on the whole world, including the government. Must necessarily be accompanied with a duly approved survey plan of the land claimed and muniments

/evidences of title.o There are practitioners whose work consists of surveying lands. They conduct an inspection of

the place and can plot out the metes and bounds of the land. They translate this into a graphicrepresentation called a survey plan. They also translate it into a written document called atechnical description.

o The survey plan must be approved by a duly approved engineer and must also be approved bythe Lands Management Bureau.

o Spanish titles can no longer be evidences of ownership.

Initial Hearing At the initial hearing, the court first determines jurisdictional facts: existence of order for initial hearing,

posting thereof in relevant bulletin boards and publication in the official gazette.o The applicant must have complied with these.


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o Petitioner is asked to provide proof of compliance with jurisdictional requirements. This isbecause land registration is a special proceeding since it creates a status.

This is the time when the court finds out there are oppositions as well as the assessed value of theproperty.

o Other persons interested must file an opposition. The court determines if there are oppositorsto the application up to the date of initial hearing.

o The court is allowed to grant time in order to admit opposition.o Court will then announce in public if there are oppositions to the application in case you have

not read the notices, the postings or the publication. It is to inform the world, symbolically, thatthere exists an application.

Then, the court issues an order of default. This may be special or general. In an in rem proceeding,general default is important. Those who did not appear on the date of initial hearing may be consideredin default.

If there is no opposition or controversy, may be delegated to the Municipal Trial Court.

Trial PD 1529 seeks to control even the length of the trial and before whom it will take place. This is hardly

followed in practice. Not need to be before the court.

o May be before a commissioner even at some other convenient place as may be deemed proper.There is a broad authority which allows flexibility in conducting a trial.

o The commissioner must submit a report and the court may adopt it or reject it and recommendfor further proceeding. Most of the time, it adopts the repost of the commissioner.

There is a reglamentary period of 30 days for appeals. ____?___ v. ___?____ : Reglamentary period forland registration proceedings is 15 days. Unlike other special proceedings, the rules are as in stated inordinary appeals.

If there is no appeal, it attains finality.o The decision may no longer be modified or changed.o It becomes incumbent on the Land Registration authority to issue a decree of land registration. One year after, there is in fact a remedy of having the decision reviewed.

Two different titles are issued at the same time. NIETO CASE: To differentiate difference in priority. Youmay have a title that was issued on the same day. The first one issued will prevail over the second one.The second one is void.

In decree of registration, there is only the relevant matters in the judgment.

Note Whatever is contained in the title is what is contained in the decree. What is in the decree is in the

judgment. The judgment is done by the judge. The decree is done by the Land Registration Authority. The Register

of Deeds does the title.

Cadastral Proceedings Much like an ordinary action Claimants file answers

Corporations as Applicants Regarding prohibition against corporations acquiring lands in the public domain, it has limited

application in Section 14 .


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May be applicants in ordinary land registration proceedings in the context of other lands mentionedo Owner of abandoned river bed and titled according to Civil Codeo Owners of accretions along the banks of rivers

Incidental Rules for Applicant When two or more lands are involved in an application, territorial jurisdiction of the RTC is questioned.

o If they are in different jurisdictions, must file in a court of different jurisdiction. If the court hasno territorial jurisdiction, it cannot render a decision regarding such land.

o For as long as the court is RTC, subject matter is satisfied. The land falling in a different place ismerely a matter of venue. Venue is procedural while subject matter is substantive.

The applicant must claim if it claims any portion of the land within the limits if the law.o To avoid future problems, it must be alienated.o Example: Even if a title were issued for public roads, the title is invalid as far as the road is

concerned. You can never acquire title to such road. Court may also acquire additional facts other than those in the suggested format.

Publication Notice of Initial Hearing

o The order setting the case for initial hearing.o Unlike in ordinary action where the courts operate with a clerk of court, in land registration

proceedings, the administration of the Lands Management Bureau is the assistant. Section 23 of PD 1529

o Commissioner of LRA must cause it to be published once in Official Gazette and once innewspaper of general circulation.

o The publication in the newspaper may be absent as land as it was published in the a OfficialGazette.

Must be sufficient to confer jurisdiction upon the court.o It is only publication in Official Gazette which gives jurisdiction.o

If it is not posted, it is only an irregularity and will not render a fatal infirmity in jurisdiction.o Failure to serving an adjacent land owner deprives one from participating and the remedy is tohave the judgment reviewed and not to question the validity of the judgment, and must bewithin one year of Decree of Registration and the title must not have landed in the hands ofinnocent purchaser for value.

o BENIN v. TUAZON The family of Arroyo used to own a vast tract of land originally covered by 2 titles at the

time of the Spaniards in the system of encomienda. They were both subject topublication in the Official Gazette. Later on, there were amendments to the survey planand there was no subsequent publication.

The SC ruled that the amendment regarding the decrease does not need to bepublished, since no one can claim prejudice. The original publication does not operate toestablish fatal infirmity. The amendment which increased was invalid since it wassubstantial and it needed publication. If it was incredibly minimal, there would be noneed for publication.

The Land Registration Authority acts as clerk of court and the LRA commissioner is the one who causesthe service of notice after 9 days of ____?_____.

o If their names are not owners of adjacent land owners, some interested persons may not beserved with a notice.

o Service of notice may only be given to persons known to the LRA.


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o Other persons must be given notices as well. Some of them may not have interests in it. Thus, itdepends on the circumstances of the case.

o Even posting in bulleting boards is under the supervision of the LRA and they are to be posted bythe sheriff.

Who are Entitled to Oppose Section 23 Any person claiming an interest may appear an opposition on or before the date of initial

hearing. If he doesn't make it, the court may extend it.o They may or may not be mentioned in the application.o Interest gives standing to participate in the case. May be curiosity.

LEYVA v. JANDOC: Tenants cannot file an opposition but the landowner may. Mere absence of opposition does not entitle the applicant a decree in his favor.

o He must still prove he is entitled to the land. May be dismissed if they fail to establish title.o An oppositor may succeed and may even have the land titled to him.o VDA. DE CAILLES v. MAYUGA: Mere absence of opposition does not entitle the applicant with a

judgment in his favor.

Order of Default Operates to strip those covered by it of standing in the proceeding. Having interest in a proceeding is different from being entitled to have standing in the proceeding. They

must have filed an opposition within the period given by the court. May be special or general If declared in default, Court may cause the lifting of the default in order for a person to participate in a

proceeding.o Must file order to lift default within the reglamentary period. If not, you are bound by the order

of the court.o In due time, may be given remedy by having the decree reviewed within one year after its

issuance.

How to Prove Respective Claims GUTTIEREZ HERMANOS v. CA

o Vast lands in Masbate was being claimed but no proof could be presented by the applicantexcept previous transactions with banks which showed that some areas were used formortgage. They claimed ownership as long as a tribe in Banaue. Thus, they claimed that thesystem of registration by the Spamish and Americans could not divest them of the title.However, they could not establish their title.

o Burden is on the applicant to prove his positive averments. He must prove he has title forregistration. It is not up to the government or oppositors to prove he has no title forregistration. The quantum of proof must be clear and convincing evidence.

In the context of Regalian doctrine, the wealth of the nation belongs to the State.o The citizens may only claim a part of the wealth of the State.o If not proved, the land is government land in light of the Regalian doctrine.

Tax declarations and tax receipts is not evidence of ownership.o Anyone can pay taxes and the government will be all too happy to accept. Just because the

government accepts it does not mean it recognizes you as owner of the land.o You must be the owner first before you pay taxes, not the other way around.o However, tax receipts and declarations are proof of possession prescribed by law for acquisitive

prescription.


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It establishes claim adverse to land in possession. However, it does not apply to lands in public domain since prescription does not run

against the State.

Nature of the Judgment Merely confirmed title You can only avail of the process ONLY IF you already have title It is not a mode of acquiring ownership and not used as a shield for fraud.

o Land grabbing will eventually be revealed.o The land may be recovered by the rightful owner.


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Remedies From the viewpoint of a stranger to the proceeding who felt aggrieved or prejudice. What benefit the law promises the aggrieved There is a monopoly in favor of the Torrens system of registration as far as registering titles to land in

the Philippines is concerned. If you want protection for your ownership over a land, the only way to goabout it is to participate in the system.

Private Land Registration Proceedings

o Ordinaryo Cadastral

Procedures intersect and become common, regardless if it is ordinary or cadastral Initial Hearing

o Default Order Indispensable to court proceeding Only those who participate in the proceeding are given standing The rest of the world is in default

o REMEDY: Interested party may ask for Time to file Time for opposition

Judgmento Culminationo REMEDY: May ask to lift order of default

May be based on Fraud Accident

Mistake Excusable Negligence Requires affidavit of merit (???)

o Before finality, you have another REMEDY Motion for New Trial Motion for Reconsideration

Re-evaluates conformity based on law and facts proven If not able to participate, no evidence except the applicant's

Motion for Appeal How can you appeal when nothing on record will help prove yourpoint

All three remedies require an affidavit of merito Reaches Finality

Signals entry for judgment No religious significance A book called "Book of Judgment" where judgment is rendered

Not yet beyond recall, though REMEDY: Petition for relief from judgment

Filed in 6 months within entry of judgmento Fixed term after moment of judgmento Can be shortened

REVIEW


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o Law allows it to be reviewed only within 60 days from notice. Remedybecomes discountable after.

Relevant Groundso Fraudo Accidento Mistakeo Excusable Negligence

REPUBLIC v. ASSOCIACION BENEVOLA:o Remedy was availed of by the government more than ten years after

judgment. The decision of the trial court was served only on the fiscal,not the Office of the Solicitor General. Since the OSG was neverinformed, Chavez was informed when he became general only after tenyears after proceeding. After notice, he acted within fifteen days.

o The SC held that the reglamentary period never ran because theappropriate agency was never notified.

Finality is attained after 1 year Title becomes conclusive REMEDY: Petition for review of revision of the decree of registration

Issuance of Decree of Registrationo Gives an OCT Never issued unless the Decree is enteredo No legal interval between issuance of OCT and issuance of Decree of Registration

Always the same date No legal significance in the use if the two terms since it means the same thing

o NIETO CASE A free patent is issued with a Certificate of Title. A cadastral proceeding also issued a

judgment and a decree on the same date for property. The priority in time ruled cannotbe applied.

The SC went back to the date of finality of judgment. The Certificate of Title, the

Issuance of the Decree and the Issuance of Judgment all happened on the same date. Inrem proceeding, the cadastral proceeding, binds the whole world and can no longer bethe object of a patent or grant pursuant to administrative proceeding in front of theDirector of Lands.

o AGNE v. DIRECTOR OF LANDS: Director of Lands has no power over private lands, only overalienable and disposable lands in the public domain.

o The title becomes incontrovertible or indefensible. May be become so even before the one year reglamentary period by a purchaser in

good faith for value. Those actions or claims not noted on a certificate of title is not binding on the purchaser

for value and on the land. Those claims are already cut-off, even if they had no notice ofthe proceedings.

EXCEPTION Section 32

o Mentions only actual fraudo However, you can still avail the remedy in the context of titles suffering

from fatal infirmity. Title suffers from a fatal infirmity, thus it is an absolute nullity. It kills the

judgment and title even before it is issued.


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BENIN v. TUAZON: Absence of publication or republication may make the titleand judgment suffer from a fatal infirmity.

AGNE v. DIRECTOR OF LANDS: The director cannot issue a patent over privateproperty since he does so beyond his authority.

REPUBLIC v. VDA. DE KALINTAS: There was controversy in the proceeding, thusthe municipal court could not have decided on the case. Because the judgmentwas issued without jurisdiction, it was an absolute nullity.

MARIVELES CASEo When the case was initially filed, the case was dismissed because the

land was forest land. Later, it was reclassified as alienable. Two yearslater, cadastral proceedings ensued and titles were given for the land.

o The SC held that the titles could not have been issued since only twoyears have elapsed and are null and void because they suffer from afatal infirmity. All derivative titles were also nullities.

YABUT LEE v. PUNZALAN:o There was a resort to Section 32 . The section presupposes the issuance

of a decree, us it is not an appropriate remedy before issuance of thedecree or judgment.

o The SC held the motion for review in accordance to Section 32 asmotion to set aside the order for default.

o It referred to RIVERA v. MORAN, where the SC held that the momentthere is a judgment, you can even forget the other intermediateremedies since the decree is the same as a judgment anyway.

The remedy thereafter, after the title is incontrovertible and indefensible, is equitable in nature. Petition for reconveyance

o Shortcut!o Can be filed the moment a judicial proceeding is beguno

Presupposes respect for the Certificate of Title and taking it as incontrovertible and indefensibleo Issuance in the wrong name Express trust

SOTO v. TEVESo Deceased father died and left the widow and children vast tracts of land

in Cebu. The title to the lands were placed in the name of Concepcion, adaughter under trust. If she dies, the property goes to her sister.Concepcion married Soto, thus really making him an heir to theproperties. The heirs of Soto got involved.

o The SC held that the agreement to place the properties in the name ofConcepcion is an express trust. The Teves family did not revoke the trustsince she was already exercising it. Also, the ones for whom they heldthe title were not informed of the repudiation if the express trust.

The express trust can be a ground for reconveyance which is imprescriptible,even if there is a buyer for value.

However, it is also susceptible to being converted into an implied trust and ithas a prescriptive period of 10 years.

Repudiationo Must be clear and unequivocalo It must be conveyed to the cestui que trust or the beneficiaries


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Implied trust Constructive Trust Article 1456 of the Civil Code : Whenever property is acquired through fraud or

mistake, the person acquiring it receives it in trust for whom the propertybelongs.

o It is the essence of a petition for reconveyance.o An action founded on fraud prescribes in 4 years.

GICANO v. GEGATOo The SC pointed out that under the Old Civil Code , an action for implied

trust prescribes in 4 years. The Old Code had no provision on fraud.Now, however, the petition for reconveyance may be filed within 10years.

o Fraud cannot be considered as an independent basis for reconveyance.A cause of action founded on fraud has the same allegations as thosenot founded on fraud. What is determinative is the object forreconveyance to bring about a situation where the title holder is askedto reconvey the title to the real owner by reason of him acquiring titlethrough fraud.

o May also be void due to a void contract SPS. JOCSON v. NATIONAL TREASURER

Sale of property in Quezon City by one who claimed to be the registered owner,Lopez. The spouses went to the place and it was exhibited to them. The spousesentered into an arrangement with the person claiming to be the owner.However, they did not sufficiently clarified the identity of the owner. Thatperson also claimed he did not have an owner's duplicate of the certificate oftitle but said that if he were paid, he would secure it himself. Eventually, thatperson managed to receive a copy of the owner's title. The seller eventuallydisappeared. The real owner appeared and he had the owner's copy. The

spouses proceeded against the assurance fund. There are 2 broad grounds for claims against assurance fund:o There was no negligence on his part and he was bringing the land under

the Torrens system; ando Misfeasance (mali), non-feasance(wala) and malfeasance (masama) of

the personnel, the courts, or any other person that can be related to theprocess.

The SC rejected their claim on the ground that they were negligent. Person whobuys from an impostor never receives the rights of a purchaser for value.

o Does not work on an innocent purchaser for value since he is bound only by the 4 corners of thetitle.

Petition to Quiet Titleo Another title covering the same property titled in your name constitutes a cloud over your title.o Petition for declaratory reliefo Available to either

Legal owner One who owns a beneficial title (Example: Person who was allowed to stay on the land

by the owner)o Resorted even when proceedings are only being initiated over the same land under another

persons name. It is to avoid the possibility of losing title to the land


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Reversiono The government allows claims over alienable public land to remain and those claims are

incomplete unless certain processes and conditions are complied with.o Conditions to complete it may be grounds for reversion.o Title may have been issued but government was defrauded and made to believe that the

conditions were complied with. Criminal case

o SC has already recognized the civil aspect which includes nullification of titles and contractsrelated to the criminal case

o Includes falsified titles where they may attack the titles falsifiedo May grant remedies normally available to purely civil cases

Purchasing properties from an imposter Cannot claim rights of innocent purchaser for value TRADERS ROYAL BANK CASE: SC recognized the rights of innocent purchaser for value in favor of two

parties with opposing interests. Nevertheless, it resolved the problem on the basis of laches.

Section 44 of PD 1529 Declare guarantee in relation to title under the Torrens system Exceptions

o Claims liens and rights which need not be registered in order to be binding on an innocentpurchaser for value

o Public roads, streets, canals, and the likeo Disposition of the land in accordance with agrarian reform program.

Those provisions have efficacy on the land even if there is no notification on the title

Section 32 of PD 1529 : Registered land Not subject to prescription

Cannot be subject to collateral attack


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August 10 2013Certificate of Title

There are 2 copies One is retained by the Register of Deeds If this copy is lost or destroyed, it may be replaced by Section

110.

The other is surrendered to the registered ownero Known as owner's duplicateo When this is lost, the process if replacement is governed by Section 109

Both copies are original copies

Subsequent Registrations After original registration of title Registration

o In relation to the transactions of land already registeredo Does not include registering the land once more

For notice to the whole world

2 Main Concerns in Subsequent Registration1. Transactions/ "Dealings"

a. Before the Registry of Deedsb. Mainly administrative in character

o In the context of registering an ordinary sale, the court does not meddleo In the context of an involuntary sale, the court only issues the writ of execution but the sheriff

executes it.c. Kinds

o Full ownership Exemplified by

Deed of sale Deed of donation

Transfers full ownership of land subject to tileo Less than full ownership

Exemplified by mortgages Covers only interest and some aspects of ownership over the property, but not the

whole of ownership Example: Lease contract involves right to enjoy property during the period covered by

the lease. Does not contemplate that the original owner steps out while another steps into his

place.Formed by

o

Voluntaryo May be through Deed of sale Mortgage Arises through consent of owner Kinds

Sale Lease


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Mortgage Others

o Involuntary Arises without consent of the owner or even against his will Example

A judgment creditor's properties may be sold by the sheriff. Some propertiesmay be registered land.

When a person sues another and anticipates that another may abscond with hisproperty, he may secure a writ of preliminary injunction/ writ of attachment atthe initial stage of the proceeding. It arises without the owner's consent

Specific types of transactions are treated as involuntarya. Adverse claim

Whenever a person acquires a right over the land adverse to that of theoriginal owner, the right may be annotated on the title as an adverse claim.

There is a specific procedure for this but its character is involuntary. Amongthe changes that transpired in PD 1529 is that the procedure for adverseclaims were modified. The adverse claim remains on the title in pursuanceto Section 44 . If noted in the title the claim of someone else, it is considerednotice to the world.

SAJONAS v. CA Until adverse claim is cancelled by order of the court, itwould still produce notification of claim on the land sufficient to prevent thebuyer from claiming he is an IPV.

b. Attachmentc. Notice of lis pendens Means there is a pending case involving the land. Whoever

buys the land buys it despite the subsequent disposition of the case. Thus, if theseller loses the land, he cannot claim the land.

d. Foreclosure in a mortgage - The sheriff in a foreclosure sale signs the deed and itgoes against the owner's will.

2. Petitions and actions filed Section 2 of PD 1529 Jurisdiction of court. Includes petitions filed after original registration. Filed with court itself

o Section 107 Concerned with surrender of owner's duplicate. Example: You buy registered landand a Deed of Sale is executed in your favor. However, the seller refuses to surrender theowner's duplicate of registration of title. Section 107 allows you to file a proceeding in order tocause the surrender of the owner's duplicate.

o If there are errors in the certificate of title or if there are interests that have expired on the title,how are they removed? Section 108 provides the amendment or alteration of the title.

o Section 109 Replacement of owner's duplicate. SPOUSES JOCSON v. TREASURER OF THE PHILIPPINES: The spouses bought land from a

imposter who managed to secure an owner's duplicate in the name of the real owner.The spouses were negligent in not verifying the identity. When the real ownerappeared, the title they acquired were of no value and were not even entitled torecover from the assurance fund.

o Section 110 If the copy with the Register of Deeds is destroyed. Because of PD 1529 , there was only judicial reconstitution. This was because of a

number of land- grabbing cases done through administrative reconstitution. However,


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there are occasions when reconstitution cases cover large numbers of land. A circularwas released which covers mass reconstitution cases, a mode of consolidating a numberof individual reconstitution cases.

Eventually, it was also realized that administrative reconstitution was a valid mode.Thus, the administrative constitution was not abolished but the titles must be no lessthan 10% of the titles in the Register of Deeds but not more than 500. Administrativereconstitution is an in personam proceeding, thus judicial reconstitution of titles, whichare in rem, have a certain advantage.

o Section 113 Registration of transactions relating to unregistered lands. Lands registered underthe Spanish Law may not be registered under this Section.

Kinds of Registration May be

o Manual Priority in time, priority in right.

With reference to the date of registration. Example: One registers the transaction and the other does not. Even if the one who did

not register bought the land first, he has an inferior right to the one who registered itfirst.

Must comply with the requirements for registration. If there is deviation, there is noregistration. DBP v. REGISTER OF DEEDS OF NUEVA ECIJA: Entry alone in primary entrybook as long as the registrant has done all required from him and all that is needed isthe registration if the Register if Deeds, he can already claim priority of registration eventhough the subsequent transaction may supervene which complies with all therequirements and the Register if Deeds has finished the registration.

Process (OLDTIPS)o Electronic

Because we live in an electronic word

No law providing for such in addition to PD 1529. The law did not take into account whatwould happen if machines were used. If this were to be done, it must be done consistent with PD 1529

o Would still have to take into account Voluntary

Requirements Voluntary instrument Surrender of the owner's duplicate of certificate of title

Not needed in involuntary registration. Example: In the case of an adverseclaim, the adverse claimant need not surrender the owner's duplicate if thecertificate of title.

If not complied with, the transaction cannot be registered Payment of corresponding fees

Entry fee Registration fee

Other requirements are not included in PD 1529 Involuntary

Requirements Involuntary instrument Payment of corresponding fees


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o In the context of Section 113 , possession is 99% of ownership or better rights. Acts or circumstancesmust be proved to establish better rights.

o However, in this case, the spinsters should have consulted a lawyer who would have advised themthat failure to obtain the owner's duplicate should have at least annotated their adverse claim onthe title so that they will be protected. That way, the notice would inform everyone that the landwas subject to the interest of the spinsters.

NGA v. IAC: Spouses registered the transaction under Section 113 but failed to bring the pacto de retrosale to the attention of the court. Thus, the seller seemed like he was still the owner of the land, thedecree cut off the claim of the spouses. Thus, the NGA, being an IPV, was not bound by the claim of thespouses.

FULE v. DE LEGAREo An old woman had a small house in Sta. Mesa. She adopted a son named John De Legare, a real

estate broker. An intruder appeared in their house who tried to rob the house was willing to comeback the next day for the amount. John De Legare convinced his mother to satisfy the demands ofthe intruder. The mother was transferred to Ermita and the house was left alone. John prepared adocument signed by the mother. The mother thought it was a mortgage but it was actually a sale.

o John sold the land to the Spouses Fule. He even had the owner's duplicate. The spouses relied onthat and they were able to register the land. The documents of John gave sufficient authority in theRegister of Deeds to register the lands in favor of the spouses.

o The SC held that the spouses relied on the registrability of the documents and that they would resultin the registration of the land in favor of John De Legare. The policy to protect IPVs led to thisdecision. The SC held that her misplaced confidence lead to the situation.

DURAN CASEo Repetition of FULE v. DE LEGAREo The mother broke the trust of the daughtero The mother made it appear that the daughter sold the land in her favor. Thus, she manage to get a

certificate of title in her name and she managed to secure a mortgage. She did not bother to payand the lot was foreclosed. The daughter found out and tried to prevent the mortgage from

foreclosing.o When the mortgagee dealt with the mother, the title was already in the name of the mother. Whileit is null and void, it may still be the root of a valid title in the hand of an IPV. Since the daughtercame too late at the time the mortgagee relied on the title, she could no longer recover theproperty

MEDINA v. TIAMPOo Land in Baguio was acquired through means of fraud 7 years ago. While title was in the name of the

acquirer, it was eventually transferred.o When it was in the name of the transferee, a case to recover was filed against the transferee. The

case did not even reach the trial stage. It was quickly dismissed since the ones sued were not privyto the fraud and they were IPVs, even if the transferred was guilty of fraud, such could not apply tothe IPVs. The original owners of the land cannot run after them.

SISTERS OF MARY CASEo Title to the land was assailed because prior to the acquisition of the Sisters of Mary, the title was

previously acquired through means of fraud. However, it did not indicate that they knew of thefraud but they did rely on the title of their transferor in his name.

o The SC held that the complaint does not indicate they were privy to the fraud. All they did was relyon the four corners of the certificate of title which indicated that the transferror was the owner ofthe land.

CABALAN CASE


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o Cabalan is a private lender. On the basis of a loan by her, she was able to foreclose a piece of land inMindanao Avenue. The land was actually owned by the mother of the first transferor. The daughterregistered the land in her name and mortgaged the same to Trilight Co.

o Cabalan as a mortgagee relied on the title of Trilight. Being an IPV, she should be protected andshould not be held liable for the fraud.

o The SC held that what is peculiar about the complaint is that there was a suggestion that the actionof the daughter in transferring the title and mortgaging the same to Trilight is a continuing scheme.Trilight and Cabalan were alleged to be privy to the fraud. It suggests that Cabalan herself was privyto the sequence of transfers.

o There is a need for trial to prove the allegations of the complaint and not be simply dismissed like inSISTERS OF MARY and MEDINA. If it appears that the daughter alone is responsible for the fraud,Cabalan would be an IPV. However, if they are privy, even if there were subsequent transfers, allthese would be subject to nullification because they were all obtained through means of fraud. Noprotection for an IPV is involved.


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August 17 2013

Electronic Registration Not present in all places; some still do it manually

Registration of Subsequent Dealings of Land Administrative No longer have to go through the court Evidenced by corresponding documents, whether it is voluntary or involuntary registration While contracts are enforceable no matter the form they may come in, it is without prejudice to

formalities required to document registration of land

Contracts Deeds of sale, mortgages To be registered in Registry of Deeds Must be in a public instrument

Other Possible Requirements for Registration Certificate of clearance from BIR Present proof of payment of transfer tax in the city or municipality where the land lies Real estate tax clearance also needed involving real property

REGISTRATIONView point of Registrant

1. Is it voluntary or involuntary?2. Do you have the requirements?

a.

Voluntaryi. Instrumentii. Owner's duplicateiii. Payment of corresponding fees

b. Involuntaryi. Instrumentii. Payment of corresponding feesiii. Only two requirements since it did not arise from the will of the registered owner and even

over his objection.1. How can the registered owner be expected to surrender the owner's duplicate?2. BALDING v. ILOCOS SUR: Involves lot registered under the Torrens system and shared

with co-owners. All certificates of title in the office of the Register of Deeds andregistered owner ought to have identical entries. Must look at the four corners of thecertificate of title with the Register of Deeds, not the certificate of title only with theowner.

Agricultural Landi. Must go through the Department of Agrarian Reform, now known as Department of Land

Reform, firstii. To secure clearance, only ________?_______ may get suchiii. Agricultural land must only be at most 5 hectares

REVIEW

ACTUAL DISCUSSION


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iv. All transactions entered into before the Comprehensive Agrarian Reform Law may beregistered even without a DAR clearance during a 3 month period

c. The moment all that is required of the registrant is accomplished, the registration is deemedcompleted.i. DBP v. ACTING REGISTER OF DEEDS OF NUEVA ECIJA

Survey of all previous decisions regarding when effect of registration obtains Current doctrine Spouses X, being the owner of land covered by TCT No. 1, mortgaged the land to DBP.

DBP gets certificate of sale over the land after foreclosure. To prove they were thehighest bidder, the auction sheriff executed a certificate of sale, which is subject to aone year period of redemption. The period of registration begins to run after theissuance of the certificate of sale. The certificate of sale does not yet deal with fullownership.

The Register of Deeds made an entry in the primary entry book. When the Register ofDeeds was about to place an entry in their duplicate, they found out the certificate oftitle they had on file was missing. The Register of Deeds had DBP reconstitute the title.The reconstitution took 4 years.

The entry on the registration book was to be made presently, when the reconstitutionended, and not dated when the reconstitution finally ended. Thus, DBP would still bedeclared owner one year after entry.

Entry alone in the primary entry book, whether the transaction is voluntary orinvoluntary is sufficient to produce the effect of registration as long as the registrant hasdone all that is required of him for purposes of registration and nothing more is left tobe done but a duty incumbent solely upon the Register of Deeds.

The law does not appreciate an interval between the entry in the primary entry bookand the entry in the registration book. They are deemed to have occurred at the sametime.

Absence of that record cannot be excused with ignorance of it

There is no distinction whether the transaction is voluntary or involuntary. However, theclassification is necessary from the view point of the registrant regarding therequirements expected from him.

With banks, they always require the submission of the owner's duplicate for mortgages.ii. VILLASOR v. CAMON

Someone submitted documents for the purposes of registration. He surrendered theowner's duplicate and he pays the corresponding fees. The Register of Deeds makes anentry in the primary entry book. War breaks out before the register issues a new title.The old owner sell the land to someone else

The court held that the second buyer cannot be an IPV. The entry in the primary entrybook is sufficient to effect registration.

iii. MINGOA v. LAND REGISTRATION ADMINISTRATOR Mingoa may have owned agricultural lands in excess of the limits. He executed deeds of

donation in favor of his children. Thus, it is a voluntary transaction for full ownership. However, Mingoa acted a bit too late. He decided to mail the requirements instead,

then the time of filing would be before the deadline. In the folder, he sent all the relevant Deeds of Donation and owner's duplicate and

postal money order for the registration. The court held that the date of filing was the date when he sent the mail. Thus, the

Register was to do all his duties and date them on the date the mail was sent.


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iv. BERANDA v. GUSTILO Conflicting claims of ownership over land. The court held in a categorical manner requiring the Register if Deeds to register the

transaction in favor of the winning parties Highlights the ministerial nature of the duty of the Register of Deeds. He has no

discretion of his own. Ministerial duty only covers the registrability of the document. Hemay meddle when, for example, deed of donation is not in a public document

Section 117 - The Register of Deeds may deny the registration and elevate the matter tothe Land Registration Authority. May be lifted to the Land Registration Administrator. Ifthe registrant disagrees, he may appeal by certiorari through Rule 43 to the SC.

v. DE LEGARE v. FULE The court acknowledged the rights of the Spouses Fule The spouses relied on the registrability of the instrument Highlights the importance of the requirements for registration. Whomever has the

owner's duplicate of title has conclusive authority for the Registry of Deeds to makeregistration, no controversion.

vi. One case CA Certain areas in Quezon City are covered by overlapping titles Titles are not necessarily spurious but they were produced outside the files of the

Register of Deeds. Prudential Bank became a victim if mortgage transaction the title to which turned out to

be false, the issue was raised as to that her the a register if Deeds may refuse to registertransactions involving those titles if there is an indication that those titles may be fake

To allow the Register of Deeds such power would be to give him judicial power. Hecannot refuse registration even if he has a suspicion that these are fake since theRegister of Deeds has a ministerial duty only.

vii. Another case SC The Register of Deeds cannot blindly register land when he knows fully well that the

land is registered elsewhere. Same plot of land was registered elsewhere.viii. TIBUNCIO AND CO. CASE

Chain of title doctrine shows spring was rising beyond its source since an invalidtransaction may become the source of a valid title.

It is void only so far as the transaction but not with regard to the title. The title is viewedas registered and continues to be registered. However, if the original title is void, itcannot give rise to a valid title even if in the hand of an IPV.

3. Have you paid the necessary taxes?

View Point of Register of Deeds1. Voluntary transaction

a. Dealings of full ownership Related to when ownership itself is transferred from the transferor to the transferee Entry in the primary entry book

1. Preliminary step in registration process is required to be made in the book2. Section 56 of PD 1529 describes the preliminary step in the registration process3. Common with less than full ownership

Registration book Not a book


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August 24 2013LEGARDA CASE All the world is charged with any instrument contained in the Register of Deeds

"Chain of Title" Doctrine IPVs deriving their title from a void title when they relied on the titles if their predecessors

There can be acts if registration obtained with the employment of fraud which according to Section 52would be void. However, a void title may give rise to a valid title.

o We do not refer to a title suffering from a fatal infirmity.o It is only void because it was registered through fraud.

The title issued under the Torrens system covers land that could registered. If the title covers forest land,that title will suffer from a fatal infirmity.

REPUBLIC v. IAC: Registration of land in Marivelles covered by the Marivelles Cadastre. When the cadastralproceedings were initiated, it was only 5 years since the reclassification from forest land. Some peopleinsisted that they have been occupying the land for 30 years. Some of the lands were converted intosubdivisions. IPVs relied on the certificates of title of the sellers which were validly registered. The SC heldthat the original titles were null and void.

Despite the number of titles, you can never have a valid title when it is sold by an impostor. HUDGENS v. TIBUNCIO & CO. CASE

o Tibuncio & Co. would send only a representative to Ilo-ilo every once in a while to pay for the tax. Itcould not really watch over the land. The old owner took advantage of it and secured a certificate oftitle in her favor. She sold it to another company. There was no indication whatsoever that itbelonged to Tibuncio & Co.

o The SC held that the owner has been resting secure in the belief that the Torrens system wouldprotect it in its property. Obviously, it could not fault Tibuncio since sit had done nothing to lose itstitle and part with its ownership. On the other hand, Hudgens had misplaced its confidence in theimposter and thus would have to suffer the loss.

CAVILLES & CAVILLES v. BAUTISTA & BAUTISTA (1999)o Decides the case based on the doctrines in ACTING REGISTER OF DEEDS OF NUEVA ECIJA V. DBP. Y

must look at the two sides of the process.i. What is required of the applicant

Depends on whether it is voluntary or involuntary registration. Banks, however, arealways expected to have the requirements for a voluntary registration

As long as he does all that is required of him for the purposes of registration and entryhas been made in the Primary Entry Book, then that would suffice for the purposes ofeffecting registration

ii. What is required of the Register of Deeds Entry in Primary Entry Book Make an annotation on the copy on file of the Register of Deeds. Then after, he cancels

the original TCT if in the case of a sale. The Register of Deeds must advise the owner to surrender his TCT so that the owner'smay have the same annotations as the copy with the Register of Deeds

o In the case of an involuntary registration, there is first a preliminary attachment where the propertyis brought under custodia legis. In this case, such attachment was secured.

o As far as the Register of Deeds was concerned, he made the corresponding entry in the PrimaryEntry Book but failed to make the annotations on the certificate of title. The buyer relied on suchclean certificate of title when he bought the property.


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The SC held that a notice for adverse claim was ineffective as means of informing the world ofthe prior rights of the spouses. Thus, a subsequent encumbrancer would have a superior rightover them.

o DINGLASAN CASE Spinster sisters could not register their land because the whereabouts of the owner's

duplicate of title. The SC held that they should have done an involuntary registration by the name of a notice of

adverse claim.


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is because one need not go beyond a certificate of title for hidden defects concerning theland.

Thus, the decree of registration cuts off or quiets all claims on the land existing prior tothe issuance of decree of registration. The decree of registration quiets title to the land.

If no other provision is made under this decree for registering the same SPOUSES NICANDRO v. REGISTER OF DEEDS OF QUEZON CITY

There was a contract to sell. The right of the spouses was acquired under that contract to sell. The same land was subject to a mortgage in favor of GSIS. The court held that for them to acquire rights, they should have registered that

contract to sell. They should not have registered an adverse claim. There may have been prior registration by the spouses, it does not exist within

contemplation of the law at all. If you have an agreement to sell as basis for registration of land, you have to register

that agreement and not record a notice of adverse claim. LEVISTE CASE SPOUSES SAJONAS CASE

The spouses registered a notice of adverse claim based on the contract to sell ratherthan registering the contract to sell.

The Spouses Pilares acquired rights under a judgment ( Rule 39 of Rules of Court ).They executed their rights against the property and had a notice for levy onexecution noted.

A deed of sale was executed in favor of the Spouses Sajonas. A new TCT was issuedin their favor. That's why they have rights subject to the sale of the execution. Thisis because when that was recorded, PD 1529 made the notice of adverse claim goodfor 30 days only so that by the time the notice of levying execution, it was as if therewas no notice of adverse claim.

By the time the notice for levy was annotated, the title was already subject to a

notice if adverse claim. Because it was never cancelled by court order, it was stilleffective. Thus, the mere lapse of the 30 day period does not render the notice if adverse

claim ineffective. Violates PD 1529 and the doctrine of SPOUSES NOBLEJAS.

SANCHEZ v. CAo The bank, instead of applying payment to the more onerous debt, it decided it would be more

favorable to it to apply it to the loan without a mortgage.o The bank decided to place a notice of adverse claim against the land based on a mere money claim.o Held that such money claim could not be a basis for a notice of adverse claim. The bank could instead

file a case for money claim and file a writ of preliminary attachment under Section 69.

Notice of Lis Pendens There are two separate provisions regarding this. One in PD 1526 and one in the Rules of Court. Co-terminus with the case itself. It may be cancelled when it can be shown that it is not necessary to protect

the rights of the person subject to the case ( Section 71 ) In personal actions, the Notice of Lis Pendens is not needed. ORDOEZ v. MENDEZ

o Several parcels of land in Cebuo His marriage with his prior lands yielded several parcels of land recorded in their name.


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o He remarried and had land recorded in his name and his second wife.o The children from the first marriage believed that it may be necessary that the court intervene in his

decisions since he was no longer in possession of his full mental faculties.o A guardianship case ensued.o In such a case, the court held that based on the nature of the issues of the guardianship proceeding

(sale of the property by the person who is the object of the guardianship proceeding), a notice of lispendens should be available.

SARMIENTO CASE MAGDALENA v. HOMEOWNERS ASSOCIATION

o The case was already pending with the Court of Appealso A petition for discharge of lis pendens was filed with the court of origin.o Held that the CA should have decided if the lis pendens should be discharged

Laws on Land Reform PD 27

o One of the promises of the Martial Law Administrationo It came out shortly after Martial Lawo Operation land transfero Made tenant-tillers owner of the land to emancipate them from the bondage of the soilo Up to this time, implementation of this law is still being carried out in some placeso Implementation applied to rice and corn lands. Other kinds of lands are not covered.

Comprehensive Agrarian Reform Lawo Covers all kinds of agriculture land except those exempt (like those who cannot be used for

agriculture)o Instead of making the tenant-tiller the owner of the land, it conceives of a process of acquisition done

through the government through the Department of Agrarian Reform and financed by the Land Bankof the Philippines.

o It is possible to receive ownership of land you have no relationship to.o

May not alienate it within 10 years after acquisition unless through government financial institutions.o Maximum of 5 hectares retention limit. If you already have 5 hectares, you may no longer buyagricultural land.

Replacement is through a judicial proceeding


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September 14 2013Section 70

Recording of Notice of Adverse Claim Notice must be cancelled before its effects may be stopped

For purpose of allowing voluntary transactions which cannot be registered on account of inability of transactions

Section 107 Voluntary dealings

o Unless one can surrender the owner's duplicate of the title, registration cannot be effectedo One who has in his favor a voluntary transaction but has no owner's duplicate, he has in his favor a

choice to present in court to present that such voluntary transaction did exist and registration maystill be effected

Involuntary dealingso If you constitute a mortgage on registered land, you have to annotate the mortgage on the titleo No need to hand over the owner's duplicate but the owner is still required to present the duplicate

within 36 hours so that there will be similar entries in the owner's duplicate and the duplicate withthe Register of Deeds. Nonetheless, the Register of Deeds cannot refuse to register the dealing justbecause the owner's duplicate was also not presented. The remedy of the Register of Deeds, throughSection 107 , to go to court and compel the owner to register the latter's duplicate. If the owner stillrefuses to surrender the duplicate, Section 107 indicates that the duplicate with the owner may becancelled and a new one issued so that registration may be finished.

Section 108 Direct proceeding provided by law for amendment of a certificate of title Provides a separate list of grounds to make the remedies available SAJONAS v. CA: Section 70 cannot be interpreted in a way that the Register of Deeds can just cancel an

adverse claim that goes beyond the 30 days. A court order is needed which is issued under Section 108. If there is necessity for canceling a notice for adverse claim No erasure or alteration may be made in the registration book after entry of certificate of title by

amendment of the Register of Deeds without court order, even if the error was made by himself. Themoment an entry is done, it cannot be corrected by the Register of Deeds himself and may only be correctedby the interested parties.

CLERICAL ERROR LAW: If there are minor (harmless, innocuous, non-controversial) corrections, they maybe made through an administrative process. However, such law does not apply to Section 108 . You need amore extensive proceedings.

A registered owner or an interested party or Register of Deeds himself may apply by petition for amendmentof correction of the certificate of title on the fol

Gana Notes - Land Titles (Atty. Padilla)

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