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May Encarnina P. Gaoiran

LLB-II

(reproduce as it is, including my name. )

PD 1529: AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF PROPERTY AND FOR OTHER PURPOSES

Chapter 1: General Provisions

Sec. 1-2

Property Registration Decree

Nature: in rem; basis: Torrens system

RTC- 1) exclusive jurisdiction

a. over all applications for original registration of title lands, including improvements

b. over all petitions filed after original registration of title

2)power to hear and determine all questions arising upon such applications or petitions

Court via Clerk of Court- shall furnish the LRC within 5 days from the filing or issuance the following:

1. 2 certified copies of all

a. pleadings

b. exhibits

c. orders

d. decisions filed or issued in applications or petitions for land registration

Exception: stenographic notes

Sec. 2, Art. XII 1987 Constitution

agricultural lands- can be alienated

State- has full control and supervision of exploration, development and utilization of natural resources (EDU)

- may enter into co-production, joint venture, or production-sharing agreements

corporations/associations- 60% of the capital must be owned by Filipino citizens; can LEASE- not exceeding 25 years, renewable for not more than 25 years

Others that can be granted:

Page | 45

1.

2. rights of irrigation

3. water supply

4. fisheries

5. industrial uses

Purpose of the Torrens system

1.

2. to quiet title to land

3. to put a stop forever to any question of the legality of the title; Exceptions- claims which were noted at the time of registration, or which may arise subsequent thereto

4. to decree land titles that shall be final, irrevocable and undisputable

5. to relieve the land of the burden of known as well as unknown claims

6. to avoid possible conflicts of title to real estate

7. to facilitate transactions relative thereto

8. to dispense with the need of inquiring further

The title once registered cannot be:

1.

2. impugned

3. altered

4. changed

5. modified

6. enlarged

7. diminished

Exception- some direct proceeding permitted by law

Registration- not a mode of acquiring ownership; merely evidence of such title over a particular property

Advantages of the Torrens system

1.

2. security

3. reduced the cost of conveyances

4. for brevity and clearness

5. simplified ordinary dealings

6. affords protection against fraud

7. restored to their just value many estates

Background of Torrens System of Registration

1. The Public Land Act (C.A No. 141)- Nov. 7, 1936

Act No. 926- First Public Land Act (in pursuant to Philippine Bill of 2902)

Act No. 2874- Second Public Land Act (Jones Law, 1919)

2. Land Registration Act (Act No. 496)- Nov. 6, 1902 effective Jan. 1, 1903

-created Court of Land Registration

-provides Assurance Fund- payment for the loss or damage sustained by any person who, without negligence on his part, is wrongfully deprived of any land or interest therein on account of the bringing of the same under Act or registration of any other persons as owner of the land.

3. The Cadastral Act (Act No. 2259)- Feb. 11, 1913

Director of Lands- ordered to make a survey

Solicitor General- shall institute registration proceedings

2x publication in successive issues of the Official Gazette

4. The Property Registration Decree (P.D No. 1529)- June 11, 1978

Aims

to update the Land Registration Act

to codify the various laws relative to registration of property

to facilitate effective implementation of said laws

Land Registration Authority- under the DOJ; actual repository of records relative to original registration

BP 129 Sec. 19(2)

RTC- all civil actions which involve the title to, or possession of, real property or any interest therein, AV= P20K

Metropolitan Manila- civil actions which AV= P50K

Exceptions (MTC, METC, MCTC)

a) forcible entry

b) lawful detainer

inferior court- MV= P15K

Sec. 34 Cadastral or Land Registration Cases

1. where the lot sought to be registered is not the subject of the controversy or opposition; or

2. where the lot is contested but it does not exceed P100K

how to ascertain? affidavit of the claimant, agreement, tax declaration

Registration Court- not divested of its jurisdiction by administrative act for the issuance of patent

homestead patent- does not finally dispose of the public or private character of the land as far as courts acting upon proceedings in rem are concerned

Sec. 3

Gen. Rule: Spanish titles are no longer used as evidence of land ownership and may be lost via prescription

Exception: if recorded within 6 mos. from the date of effectivity of P.D No. 892- Aug. 16, 1976

Forms of Grants/ Concessions

1.

2. royal grant

3. special grant

4. title or adjustment title

5. title by purchase

6. gratuitous title

7. possessory information title

probate court- settles and liquidates the estate of deceased persons either summarily or via the process of administration

-rules on whether or not the inventory of the estate properly included them for purposes of distribution of the net assets of the estate of the deceased to lawful heirs.

Notes: 1) A merely appointed judge who did not try the case can decide the same provided that the record and the evidence are all available to him and that the same were taken into consideration and thoroughly studied.

2) Registration of instruments affecting titled lands under Act No. 3244 ineffective against 3rd persons.

Chapter 2: The Land Registration Commission and Its Registries of Deeds

Sec. 4

Aim of LRC- to have a more efficient execution of the laws relative to the registration of lands

Sec. 5

Officials and employees of the Commission- shall be appointed by the Sec. of Justice upon the recommendation of LRC Commissioner

1. Commissioner- qualified member of the Philippine Bar; at least 10 yrs. of practice in the legal profession

2. Deputy Commissioner- SAME; salary- 3k/year- Cs salary

3. Special Assistant to the Commissioner

4. Chief Geodetic Engineer- 3,400/yr. DCs salary

5. Other Officials/ Employees of LRC, Registries of Deeds

Sec. 6

General Functions

A. Commissioner of Land Registration

1. issue decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause the issuance by the Register of Deeds of the corresponding certificates of title;

2. exercise supervision and control over all Registers of Deeds and other personnel of the Commission;

3. resolve cases elevated en consulta by, or on appeal from decision of, Registers of Deeds;

4. exercise executive supervision over all clerks of court and personnel of the RTC;

5. implement all orders, decisions and decrees promulgated re registration of lands an d issue subject to the approval of the SOJ;

6. verify and approve subdivision, consolidation and consolidation-survey plans of properties titled under Act No. 496 except those covered by P.D No. 957

B. Land Registration Commission

1. extend speedy and effective assistance to the DAR, Land Bank, et,al;

2. extend assistance to courts in ordinary and cadastral land proceedings;

3. central repository of records

Notes:The duty of LRA to issue decree is ministerial, hence it is not compellable by mandamus.

The LRA has no authority to represent the government in registration proceedings.

Sec. 7

Office of the Register of Deeds

-at least Register of Deeds for each province and one for each of city

- if it has a yearly average collection of more than 6k during the last 3 years: 1 Deputy Register of Deeds; if more than 3k: one second Deputy Register of Deeds

Secretary of Justice- shall define the official station and territorial jurisdiction of each registry upon the recommendation of LRC

Registration- the entry of instruments or deeds in a book or public registry; Effect- constructive notice to all persons

Who must given priority between 2 buyers of the same immovable property registered under the Torrens system?

1. 1st registrant in good faith

2. 1st possessor in good faith

3. buyer who in good faith presents the oldest title

Sec. 8

Register of Deeds- shall be appointed by the President upon recommendation of the SOJ

Deputy Registers of Deed, et.al- shall be appointed by SOJ upon recommendation of the Commissioner of Land Registration

Salaries

1. First Class Registries- 3k/yr-DCs salry

2. Second Class Registries- 3k-400/yr- #!

3. Third Class Registries- 3k-400/yr-#2

SOJ upon recommendation of the Commissioner of Land Registration- shall cause the reclassification of Registries

Sec. 9

Qualifications of Registers of Deeds and Deputy Registers of Deeds

1. admitted to the practice of law

2. engaged in such practice for at least 3 years

Sec. 10

General Functions of Registers of Deeds

1. public repository of records of instruments affecting registered or unregistered lands and chattel mortgages

2. immediately re