ltd lecture 3.pdf

7/27/2019 ltd lecture 3.pdf

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Goodevening friends for LTD.

Bilang, complete the sentence ang recit kay Sir, here's my notes. via recording. May mga malabong part,

di ko na kasi marinig. Haha

Registrations of land are patterned after English merchant civil act with appropriate limitation. A pendingcase a member of the first columbian ministry reintroduced it with embodied it for non registration?? law

known as real property act of 1887-1888. This system of land registration eventually known as the

torrent system of land registration.

The basic idea of the torrent system of land registration ??? is judicial proceeding. Qualification for

registration is scrutinize evidence have this written and the court determines whether the applicant is the

owner of the property or not if found to be the owner ??certificate of title issued particularly describing

the nature of the estate and the such certificate rest upon the registered owner an indefeasible title. The

subsequent presumptions were based on certificate of title. The Phils. adopted this system of land

registration of course lands registered under the system of land registration are classified as registered

lands

*hold you responsible for the advantages of the torrent system and benefits of the same

If a sale or mortgage covering a registered land is not registered.

What will be its effects?

Who will be bound in an unregistered sale or mortgage covering registered land?

**Under section 51 of PD 1529 registration is the operative act that based or affects registered lands in

so far 3rd person is concerned so if the transaction is unregistered, transaction doesnt affect or bind 3rd

person have no knowledge or notice of the transaction.

Who are bound under the unregistered sale or mortgage of registered land

1. Contracting parties the grantor and the grantee

Reason: they cannot deny their own acts as they affect them adversely under the principle of estoppel by

deed under the civil code person is bar of proving or denying what is contained in the deed that deed

executed

2. Heirs assign and successors in interest of the grantor and the granteeLegal reason Art. 1311 of the NCC of the Phils. Which contains principle of the relativity of contract

The heirs assigns and the successors in interest are the extension of the personality of the grantor and

the grantee

3. Third person with actual knowledge or actual noticed of the transaction

According to SC third person with actual knowledge of the transaction.

To them the purpose of registration is more than accomplished


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- since the purpose of the law is to provide constructive notice by having actual knowledge 3rd persons

are notified and that purpose of registration is to provide means of publication or notice to 3rd person

so the purpose of notice is to provide 3rd person with knowledge so that the recipient of the notice will

get or acquire knowledge

*So since registration provides notice and notice provides knowledge therefore knowledge is equivalentfor registration

*Actual knowledge is equivalent to registration

Case of consolidated ?? Bank VS COA

This was based on the earlier ruling of the SC??winter bank VS ??delus

The personal knowledge of prior unregistered interest serves the purpose of registration cannot claim

that he is not duly informed thereof

Government agency by discharging the efficient distribution of the law relatively to the registration of theland is lodged in the Land Registration authority under Executive Order 2921

Land Registration Authority

-Headed by land administrator who is assisted by two deputy administrator. The administrator is

appointed by the President upon the petition of the Secretary of Justice. The two deputy administrators

are also appointed by the president upon the petition of the secretary of justice under the land

registration authority as the various offices of the registered of deeds.....??? Provinces and cities.

Land Registration Authorities- the central depositary of records relative to original registration of lands

under the torrent system titled to original registration record by increase of registeation, copies of the

certificate of title and other documents of Land Registration Authority also the subdivision andconsolidation plans of titled lands

What are functions of Administrator Act

1. issue the decrees of registration pursant to the final judgment of the court in land reg. proceeding of

course

2. the issue has the corresponding cert of title ... the registered of deeds and other personels of the

divisionvision

3. to resolved cases and invicted and consultant by a grantor or grantee from the decision of the

registered of deeds. they exercise executives supervisions overall over their own personel of the board

with respect to the discharge of their duties and functions in relation to the registration of lands. Theadministrator of the LRA was verified them to division consolidation consignation subdivision certain lands

or properties titled under PD 1529 and those covered by PD 557

Register of deeds constitutes a public repository of records of instruments or document affecting reg. or

unreg. lands and chattel mortgages in the province or cities wherein such office are situated

the office of the Reg. of deeds is headed by registered of deeds. of course he should be a lawyer


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recommended by the sec. of justice

Qualifications

1. Engage in the practice of law for atleast three years

The reg. of deeds is assisted by the deputy reg. of deeds- must also be a member of the Phil. bar

appointed by secretary of justice

Land Registration Authority- is under the supevision of secretary of justice under the department of

justice part of the executive department although the administrator performs certain judicial functions for

example the committee reg. is still a part of the judicial process is not really administrative

Main function of the Register of deeds

Section 10 PD 1529

-it shall be the duty of the reg. of deeds to immediately reg. instruments presented for registration in realor personal property if complies with all the requisites for registration

If the instrument is not registrable he shall forth with deny registration thereof and inform the presentor

of such denial in writing stating the ground and reason therefore and advising him of his right to appeal

by ??pursuit in accordance with section 117 of this decree

What is to be determined by Reg. of deeds is whether or not the instrument presented to hm for

registration is registrable or not

If the instrument or document is registrable then he must register if not then he will deny registration.

When is an instrument or document considered registrable?

1. Complies with section 112 of PD 1529 the docu must be in public document meaning that it was duly

acknowledge before a notary public. Public document is a registrable document under section 112.

2. In case of conveyance or transfer of title the deed must also contain the citizenship or nationality of

the grantee or if it is a private corporation or association there must be a statement in the deed that the

corp. or association is authorized by law to acquire land

Provided by section 55

The affidavit of adverse claim. section 17 of PD 1529-provides for the requisites on affidavit or adverse claim

What is the nature or character of the duty of the reg. of deeds to register instrumental documents?

explain by the SC in ??baraka VS ??bustilo

The function of reg. of deeds with reference of reg. of deeds encumbances instruments and the like is:


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Ministerial- meaning that it is enough in his opinion that the instrument is registrable for him to register it

and the act meaning the consular administrative act does not contemplate notice to and ??erring in

interested parties

*For as long as the document is registrable the register of deeds is obliged by law to register the

instrument or the document

The registered of deeds is entirely precluded by section 10 of PD 1529 for exercising his personal

judgment and discretion when prompted with the problem of whether to register an instrument on the

ground that it is invalid.

eg. If the register of deeds has information that the signature of the seller in a deed of absolute sale was

forged and is presented for registration while the document is duly acknowledge before a notary public

and complied with secion 55 PD 1529 can the register of deeds deny registration of such documents

although he has information that the signature of the seller was forged? That would involve or entail

exrcise of judgment and discretion which is not within his ministerial function to register,

That function of determination of whether a transaction is valid or not for the document involves exercise

judgment and discretion that should pertain to the courts and not to register the register of deeds.

so the Register of Deeds must still register the document. according to the SC the invalidity or alleged or

supposed invalidity of contract is no valid objections to his registration because invalidity is no proof to its

unexistence or valid excuse for denying registration. We know registration does not require that for a

right instrument to be registered if the purpose of registration is to give notice then questions regarding

the effect or invalidty of instruments are expected to be decided after not before registration, it must

follow as a necessary consequence that the registration must firsly allow the validity or effect litigated

afterwards.

Doctrine

Forged deed of conveyance maybe the root of a valid title. This is the basis because even a forged deed

of conveyance maybe registered. There would be instances when even in most deeds of conveyance they

become the source or the root of a valid title. Correlate with sec 56 rather

eg. of instrument which is maybe denied registration by the register of deeds

1. the deed or instrument is not duly acknowledge beofre a notary public, not a public but merely a

private document is not a registrable document

2. the deed of sale state that the grantee is a chinese citizen-sya ang buyer of land, since the buyer is

disqualified of acquiring lands in the Philippines under the constitution is not a registrable document.

What is the nature of land registration proceedings Sec 2 of property ???

- judicial proceeding for the registration of land throughout the Philippines are deemed in rem and shall

be based on generally accepted principles underlying the Torrens system.

Because it is judical, petition for application for land registration proceeding must be filed with the courts.

the courts will tell him tries, and determines or decides the case - thats judicial petition for registration.

proceeding is in rem


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What is proceeding in rem?

1. A proceedings in rem

- bind all persons known and unknown and the title issued as a consequence thereof is binding and

conclusive upon the whole world. title as a consequence thereof is binding and conclusive upon the whole

world. that is ccording to the SC-must be define as an action for a court has jurisdiction over the res or the thing itself and proceeding is

binding against the whole word

eg. . IN RE: petition for land reg.

XYZ PETITTIONER

No particular person against whom the case is directed. there is no defendant or particular or specific

defendant in the case because it is a proceeding in rem. the proceedings are binding against all persons

against the whole world.

2. Proceeding in personam

- case directed against a specific or particular person and proceedings are binding upon the parties only.eg. action to recover possesion of land

action for reconvyance

caption

republic of the phis. vs rtc

abc plaintiff xyz defendnt civil case so and so

3. Proceeding quasi in rem

-action that is also directed against a specific person or persons while the purpose of the action is to

subject the land to a lien or charge burdening it. so the purpose of the action is to subject the land to a

lien burdening it.

eg. judicial foreclosure of real estate mortgage- proceeding quasi in rem or the enforcement of anattachment lien

where should the case be filed?

proedural or PD no. 1529 also include the rules of procedure for land registration cases.

which court has juridiction over land reg cases?

which court takes cognizance over the case?

--- sec 2 par 2 PD 1529 CFI have exclusive jurisdiction over all application for original registration of land

title to land including improvements and interest therein and over all petitions filed original registration of

title, power to hear and determined all questions arising upon such application or petition.

The exclusive jurisdiction of the courts of first instance eg. RTC

under BP129. But RTC does not have exclusive jurisdiction anymore because of the amendment to BP

129 sec 34 of BP 129 is suspended by RA 7691

So under sec 34 MTC, MPTC, MCTC may be assigned by the Supreme court to hear and decide cadastral

cases. SC first given the power to assign to the first level court the power to hear and decide land


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registration cases and this was exercised by the SC with the issuance of administrative circular no 6-93-8

november 15, 1995 authorizing the first level courts to hear and decide cadastral or land registration

cases.

Jurisdiction of 1st level courts with respective cadastral or land registration

- delegated jurisdictiona portion of the jurisdiction of 1st level trial courts are delegated by the supreme court.

In what cases may a first level court exercise this delegated jurisdiction

1. cases covering lots where there is no controversy.

2. land registration cases covering contested lots the value of which does not exceed 100,000 pesos

*The decision of the 1s level courts in LRC are appealable to the CA.

>> X file the notice of appeal to the RTC because after lapse of period to appeal judgment of the court

will become final and executory because filed with the wrong court. the appeal will just be dismissed.

2 Basic Notes of Land Registration

Judicial Land Registration Proceeding

1. Judicial confirmation of incomplete or imperfect title (chapter 4 to be discussed next meeting) This

proceeding is governed by Comonweath Act no. 141 as ammended, by provisions of PD no. 1529

2. Voluntary or Ordinary Land registration proceeding

governed by provisions of PD 1529

3. Cadasral proceeding sec 35-38 of PD 1529

Indigenous people's rights act of 1997 RA 8371The individual members of cultural communities with respective to their individually owned ancestral land

shall have the option to secure title to their ancestral land.

they have the option either

1. to file application of petition under CA 141 as ammended or judicial confirmation of title or

2. file application of petition for Land Registration under PD 1529- voluntary or ordinary

sec 12 RA 8371

- only individual members of the cultural community may file the application for LR and should only

cvered

--individually owned ancestral land--

sec 3 of RA 8371- definition of ancestral landmembers of the ICCs IVs as distinguished from the communal properties and lands of the ancestral

domain

so what is the presumptive:

only the individually owned ancestral land

2. Administrative Registration proceeding


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Sections 103 of PD 1529 administrative- there is no need to file the case or a petition of application with

the courts

What kind of lands are involved:

Public lands-granted by the govt to qualified filipinos

Qualified filipinos whenever land patents are issued to them such land patent may be presented to the

registered of deeds for registration automatically

-ROD will register the land in the name of the grantee corresponding certificate of title contending the

issues

eg.

A particular parcel of land is covered by two genuine COT issued to two different owners,

you will read case

spouses patay vs CAruling:

if same land is covered by two genuine cot covering the same land and issued to 2 different person

Advantages of the system.

As viewed by an authority on the subject, the Torrens system

presents at least a dozen advantages, namely:

1. It abolishes endless fees.

2. It eliminates repeated examinations of titles.

3. It reduces records enormously.

4. It instantly reveals ownership.5. It protects against encumbrances not noted on the Torrens

certifi cate.

6. It makes fraud almost impossible.

7. It assures.

8. It keeps up the system without adding to the burden of

taxation. Because the benefi ciaries of the system pay the

fees.

9. It eliminates tax titles.

10. It gives practically eternal title as the State insures perpetually.

11. It furnishes state title insurance instead of private title

insurance.12. It makes possible the transfer of titles or of loans within the

compass of hours instead of a matter of days and weeks.1

Comparative benefits offered.

The benefi ts of this system, compared with other pre-existing

systems, have been summarized by Sir Robert Richard Torrens as

follows:

1. It has substituted security for insecurity.


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2. It has reduced the cost of conveyance from pounds to shillings,

and the time occupied from months to days.

3. It has exchanged brevity and clearness for obscurity and

verbiage.

4. It has so simplified ordinary dealings that he who has mastered

the three Rs can transact his own conveyance.5. It affords protection against fraud.

6. It has restored to their just value many estates, held under

good-holding titles but depreciated in consequence of some

blur or technical defect, and has barred the re-occurrence

of any similar faults.

7. It has largely diminished the number of chancery suits, by

removing those conditions that afford ground for them.

ltd lecture 3.pdf

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