LTDREVIEW: UPDATES ISSUES LTD REVIEW: UPDATES, ISSUES

AND REMEDIES (WITH MCQs)

J ustice Oswaldo D. Agcaoili
Philippine J udicial Academy
Supreme Court
REGALIAN DOCTRINE
All l d f h t l ifi ti d th All lands of whatever classification and other
natural resources not otherwise appearing to be
clearly within private ownership are presumed
to belong to the State.
To overcome the presumption, there must be
showingof atitlefromtheStateor anyother showing of a title from the State or any other
mode of disposition.
Th t t th ti t The onus to overturn the presumption rests
with the applicant.
Valiao v. Republic, GR No. 170757, Nov. 28, 2011
U d th R li d t i hi hi b di di Under the Regalian doctrine, which is embodied in our
Constitution, all lands of the public domain belong to
theState whichisthesourceof anyassertedright to the State, which is the source of any asserted right to
any ownership of land. All lands not appearing to be
clearlywithinprivateownershiparepresumedto clearly within private ownership are presumed to
belong to the State. Accordingly, public lands not
shown to have been reclassified or released as alienable
agricultural land or alienated to a private person by the
State remain part of the inalienable public domain. p p
Unless public land is shown to have been reclassified as
alienable or disposable to a private person by the State,
it remainspart of theinalienablepublicdomain it remains part of the inalienable public domain.
Property of the public domain is beyond the commerce
of man and not susceptible of private appropriation and p p pp p
acquisitive prescription. Occupation thereof in the
concept of owner no matter how long cannot ripen into
ownership and be registered as a title. 14 The burden of
proof in overcoming the presumption of State
ownership of the lands of the public domain is on the
person applying for registration (or claiming
hi ) h t th t th l d bj t f th ownership), who must prove that the land subject of the
application is alienable or disposable. To overcome this
presumption incontrovertibleevidencemust be presumption, incontrovertible evidence must be
established that the land subject of the application (or
claim) isalienableor disposable claim) is alienable or disposable.
The doctrine is reflected in Art. XII, Sec. 2 of
h C i i the Constitution:
Sec. 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the
exception of agricultural lands, all other natural
resources shall not be alienated.
NATURE OF REGISTRATION
PROCEEDINGS; J URISDICTION OF COURTS PROCEEDINGS; J URISDICTION OF COURTS
J udicial proceedings for the registration of lands is
i db d ll t d i i l in rem and based on generally accepted principles
underlying the Torrens system.
i di i i i db h i J urisdiction in rem is acquired by the constructive
seizure of the land through publication, service of
notice and posting.
Registration is not a mode of acquiring ownership g g
but is merely a procedure to establish evidence of
title over realty. (Torbela v. Rosario, GR No. y ( ,
140528, Dec. 7, 2011)
J i di ti J urisdiction
Regional trial courts have exclusive jurisdiction
l d i i d ll i i f over land registration cases and all petitions after
original registration. (Sec. 2, PD No. 1529)
fi l l h d l d However, first level courts have delegated
jurisdiction to hear and determine cadastral or
l d i t ti i th f ll i i t land registration cases in the following instances:
(a) Where the lot sought to be registered is not the
bj t f t iti subject of controversy or opposition; or
(b) Where the lot is contested but the value thereof
d t dP100000 does not exceed P100,000.
Appeal is taken to the Court of Appeals.
LAND REGISTRATON AUTHORITY
Functions of the LRA Administrator:
Issuesdecreesof registration Issues decrees of registration
Resolves cases elevated en consulta
i i i d l ll Exercises supervision and control over all
clerks of court in relation to land
registration
Implements orders or decisions of p
registration courts
Verifies and approves subdivision and
consolidation survey plans
ExtendsassistancetotheDAR inthe Extends assistance to the DAR in the
implementation of the land reform program;
Extendsassistancetoregistrationcourtsin Extends assistance to registration courts in
ordinary and cadastral registration cases; and
Acts as central repository of records relative
to original registration, including
subdivision and consolidation plans of titled
lands.
OFFFICE OF THE REGISTEROF DEEDS
There shall be at least one Register of Deeds for
each province and city.
Registration means the entry of instruments or
deeds in book or public registry. p g y
Registration of instruments affecting registered land
must bedoneintheproper registrytoaffect the must be done in the proper registry to affect the
land and bind third persons. (Aznar Brothers v.
Aying 458SCRA 496) Registrationisnoticeto Aying, 458 SCRA 496). Registration is notice to
the whole world. (Guaranteed Homes v. Valdez
(577SCRA 441)Aznar Brothersv Aying 458 (577 SCRA 441)Aznar Brothers v. Aying, 458
SCRA 496
strationof instr mentsaffectinRegistrationof
Thus, between two buyers of the same land
registeredunder theTorrenssystem priorityis registered under the Torrens system, priority is
given to:
th fi t i t t i df ith the first registrant in good faith;
then, the first possessor in good faith; and
finally, the buyer who in good faith presents
theoldest title (Art 1544 CC) the oldest title. (Art. 1544, CC)
This rule, however, does not apply if the
t i t i t d d th T property is not registered under the Torrens
system. (Abrigo v. De Vera, 432 SCRA 544)
Duty of the Register of Deeds to register
i ff i i dl d l instruments affecting registered land ministerial.
Whether the document is invalid is not for the
RD to decide but for the court to determine.
(Gurbax Singh v. Reyes, 92 Phil. 182; Almirol
v. Register of Deeds of Agusan, 22 SCRA 1152)
If the document is not registrable, he shall deny g y
registration, stating the grounds therefor, and
advise the party to appeal by consulta to the
LRA Administrator under Sec. 117 of PD 1529.
But theRDmaybejustifiedinrefusingregistration But the RD may be justified in refusing registration
in the following cases:
1 Wherethereareseveral copiesof thetitle(asin 1. Where there are several copies of the title (as in
co-ownership) but only one is presented.
Th i t it f th T t b The integrity of the Torrens system may be
adversely affected if an encumbrance, or
outright conveyance isannotatedononlyone outright conveyance, is annotated on only one
copy and not on the others.
E f th d li t i i l t Every copy of the duplicate original must
contain identical entries of the transactions,
particularly voluntaryones otherwisethe particularly voluntary ones, otherwise the
whole Torrens system would cease to be
reliable reliable.
2 Wh h i d j l b h 2. Where the property is presumed conjugal but the
document bears the signature of only one spouse.
Under Art. 166 of the CC, the alienation of conjugal
property by the husband without the wifes consent is
voidable Thewifemayaskfor annulment of thecontract voidable. The wife may ask for annulment of the contract
within 10 years.
Under Art 124of theFC thedispositionof property Under Art. 124 of the FC, the disposition of property
without the consent of either spouse is null and void, and
cannot be ratified, while a vitiated consent renders it
merely voidable. (Guiang v. CA, GR No. 125172, J une
26, 1998)
But where the title is solely in the name of the husband,
and there is no showing that the land was acquired during
themarriage thepresumptionof conjugalitydoesnot the marriage, the presumption of conjugality does not
obtain. (Assoc. Insurance v. Banzon, 26 SCRA 268)
3. Wherethereisapendingcaseinvolvingthe 3. Where there is a pending case involving the
character of the land or validity of the
conveyance conveyance.
In such case, registration may well await the
outcomeof thecase; meantimetherightsof the outcome of the case; meantime the rights of the
interested parties could be protected by the filing
of anoticeof lis pendens (Balbinv Register of of a notice of lis pendens. (Balbin v. Register of
Deeds, 28 SCRA 12)
4 Whererequiredcertificatesor documentsare 4. Where required certificates or documents are
not submitted, such as
DAR l f l t t t d l ti DAR clearance, copy of latest tax declaration,
certificate of payment of documentary stamp
t d it l i t BIR tifi t tax and capital gains tax, BIR certificate
authorizing registration (CAR), tax clearance
certificateof real estateta es certificateof certificate of real estate taxes, certificate of
payment of transfer tax, secretarys certificate
andarticlesof incorporation(incaseof a and articles of incorporation (in case of a
corporation), HLURB registration papers and
licensetosell (incaseof asubdivisionproject) license to sell (in case of a subdivision project),
TIN, etc.
Registrationdoesnot addtovalidityof document Registration does not add to validity of document
While registration operates as a notice of the
instrument to others, it does not add to its validity
nor conveys an invalid instrument into a valid one
as between the parties. (Pascua v. Court of
Appeals, 401 Phil. 350)
Neither does registration amount to a declaration
that theinstrument recognizesavalidand that the instrument recognizes a valid and
subsisting interest in the land. (Agricultural Credit
v Yusay 107Phil 791) v. Yusay, 107 Phil. 791)
CLASSIFICATION OF LANDS OF THE
PUBLIC DOMAIN PUBLIC DOMAIN
The 1987 Constitution classifies lands of the
bli d i i public domain into:
Agricultural lands,
Forest or timberlands,
Mineral lands and Mineral lands, and
National parks.
li bl l d f h bli d i h ll b Alienable lands of the public domain shall be
limited to agricultural lands.
The classification of public lands is an exclusive
ti f th ti d t t I th prerogative of the executive department. In the
absence of classification, the land remains as
unclassified land until it is released for
disposition. (Republic v. Fabio, 575 SCRA 511)
The President through a proclamation or
executiveorder canclassifyor reclassifylandsof executive order can classify or reclassify lands of
the public domain. (Sec. of DENR v. Yap, 568
SCRA 164) TheDENR Secretaryistheonly SCRA 164) The DENR Secretary is the only
other official authorized to approve a land
classification classification.
To show that the land is A and D, the application
for original registrationmust beaccompaniedby for original registration must be accompanied by
(1) a CENRO or PENRO Certification that land is
A dD d A and D; and
(2) a copy of the original classification approved
by the DENR Secretary and certified as a true
copy by the legal custodian thereof. (Republic v.
Bantigue Point Development Corp., GR No.
162322, March 14, 2012; Republic v. Dela Paz, p
GR No. 171631, Nov. 5, 2010; Republic v. T.A.N,
555 SCRA 477) )
S d l ifi i Secondary classification
For purposes of administration and disposition, A
and D lands may be further classified according to
the use or purpose to which they may be devoted: p p y y
Agricultural;
Residential commercial industrial or for similar Residential, commercial, industrial, or for similar
purposes
Ed ti l h it bl th i il Educational, charitable, or other similar purposes;
and
Reservations for townsites and for public and
quasi-public uses. (Sec. 9, CA No. 141).
Publicland distinguishedfromgovernment Public land distinguished from government
land
Public land is equivalent to public domain and
includes only such land as may be subject of
di i i disposition.
Government land and public land are not
synonymous the first includes not only the second
but also other lands already rese4rved or devoted to
public use or subject to a private right.
In sum, the government owns real estate which is part
of public lands and other real estate which is not a
part thereof. (Montano v. Insular Government, 12
Phil. 572)
NON-REGISTRABLE NON-REGISTRABLE
PROPERTIES PROPERTIES
Properties of public dominion
Thoseintendedfor public use suchasroads, Those intended for public use such as roads,
canals, rivers, torrents, ports and bridges
constructedbytheState banks shores constructed by the State, banks, shores,
roadsteads and others of similar character; and
Th hi hb l t th St t ith t b i Those which belong to the State, without being
for public use, and are intended for some public
service or for the development of the national
wealth.
Forests or timberland
Forests constitute a vital segment of any
countrysnatural resources. country s natural resources.
But forest cover in the Philippines has
decreasedby56%inthepostwar period and decreased by 56% in the postwar period, and
this is attributed to population growth, illegal
logging andunsystematicuseof resources logging, and unsystematic use of resources.
Human activities, particularly fossil fuel
burninganddeforestation areeffectively burning and deforestation, are effectively
moving carbon more rapidly into the
atmosphere atmosphere.
Property of public dominion, when no longer
neededfor publicuseor for publicservice form needed for public use or for public service, form
part of the patrimonial (or private) property of the
State State.
Property devoted for public service cannot be sold
until there is a formal declaration by the government
withdrawing it from being such. (Laurel v. Garcia,
17 SCRA 797
Patrimonial property may be acquired by private p p y y q yp
persons through prescription. (Malabanan v.
Republic, 587 SCRA 172; Sec. 14(2), PD 1529) p , ; ( ), )
.
Importanceof forests Importance of forests
Without the trees, watersheds dry up; rivers and
l k hi hth l ti d f th i lakes which they supply are emptied of their
contents. The fish disappear. Denuded areas
becomedust bowls Aswaterfallsceaseto become dust bowls. As waterfalls cease to
function, so will hydroelectric plants.
Withth i th f til t il i h d With the rains, the fertile topsoil is washed
away; geological erosion results. With erosion
comethedreadedfloodsthat wreakhavocand come the dreaded floods that wreak havoc and
destruction to property crops, livestock,
housesandhighways not tomention houses and highways not to mention
precious human lives.
Becauseof theimportanceof foreststothenation Because of the importance of forests to the nation,
the States police power has been wielded to
regulatetheuseandoccupancyof forest andforest regulate the use and occupancy of forest and forest
reserves.
Unless and until the land classified as forest is
released so that it may form part of the disposable
lands of the public domain, the rules on
confirmation of imperfect title do not apply. p ppy
Possession of forest lands, however long, cannot
convert it intoprivateproperty convert it into private property.
Mineral landsandmineral resources Mineral lands and mineral resources
The mining industry plays a pivotal role in the
economic development of the country. It
accounted greatly to the countrys export
earnings, with around USD $1,469 million in
2009 and USD 391 million in the first half of
2010 alone.
But thelong termeffectsof mininghave But the long-term effects of mining have
resulted in significant damage to the
i t h l f ildlif h bit t environment, such as loss of wildlife habitat,
decrease water supply and agricultural
d i i d i ll i production, erosion, water and air pollution.
Extractive industries, such as logging and mining,
have destroyed most of the forests. Highhuman have destroyed most of the forests. High human
population density and growth rate (2.3%) further
put enormouspressure put enormous pressure.
In turn rainforests have been converted to
i l l l d d l t ti t t l d agricultural land and plantations to augment land
needed to support a growing population.
Mining results in flattening mountains and
reducing forest cover, thus, we are transferring g , , f g
carbon from living biomass into the atmosphere.
Global warming refers to an increase in average
global temperatures, which in turn cause climate
change. Gases such as carbon dioxide and
methane absorb heat, thus reducing the amount
that escapes back to space. As the atmosphere p p p
absorbs heat energy, it warms the oceans and the
surfaceof theEarth. Thisprocessiscalledthe surface of the Earth. This process is called the
greenhouse effect.
Increasing global temperature will cause sea level g g p
to rise, and is expected to increase the intensity of
extremeweather eventsandtochangetheamount extreme weather events and to change the amount
and pattern of precipitation.
Other effectsof global warmingincludechanges Other effects of global warming include changes
in agricultural yields, trade routes, glacier retreat,
i ti ti di i th f species extinctions, and increases in the ranges of
disease vectors.
F h l d Foreshore lands:
A foreshore land is that strip of land between p
the high and low water marks that is alternately
covered and uncovered by the ordinary flow of y y
the tides. (Republic v. RREC, 299 SCRA 199)
Foreshorelandsareinalienableunlessdeclared Foreshore lands are inalienable unless declared
to be A and D portions of the public domain.
Land invaded by the sea is foreshore land and
becomes part of the public domain. (Republic v.
CA and Morato, 281 SCRA 639)
Reclaimedlands: Reclaimed lands:
Submerged areas form part of the public
domain; only when reclaimed from the sea
can these submerged areas be classified as
agricultural lands.
Once reclaimed the government may then g y
officially classify these lands as A and D,
and declaretheselandsnolonger neededfor and declare these lands no longer needed for
public service. Only then can these lands be
consideredasA andDlandsandwithinthe considered as A and D lands and within the
commerce of men. (Chavez v. PEA, 384
SCRA 152) SCRA 152)
The Public Estates Authority (PEA), renamed y( ),
as Philippine Reclamation Authority (PRA),
istheagencyauthorizedtoundertake is the agency authorized to undertake
reclamation projects.
Ab t t ffi i l t ( ) l ifi ti Absent two official acts (a) a classification
that submerged areas are A and D, and (b) a
d l i h h d df declaration that they are not needed for
public service, lands reclaimed from the sea
are inalienable.
Lakes:
Lakesareneither agricultural nor disposable Lakes are neither agricultural nor disposable
lands of the public domain; hence, free patents
and certificates of title covering portions of the dce c eso ecove gpo o so e
lake are a nullity.
But areasbeyonditsnatural bed, or theground But areas beyond its natural bed, or the ground
covered by the waters at their highest ordinary
depth during the dry season, may be registered. p g y , y g
(Republic v. CA and De Rio, 131 SCRA 532)
The LLDA has exclusive authority to issue y
permits for the use of the waters of the Laguna de
Bay. y
Rivers and creeks:
Riversandcreeksarepartsof thepublic Rivers and creeks are parts of the public
domain for public use and not capable of
i ti i iti b i ti appropriation or acquisition by prescription.
The ownership of a stream may not be
acquired under a public land patent and the
issuance of the corresponding certificate of p g
title does not change its public character.
(Mateov. Moreno, 28SCRA 796) (Mateo v. Moreno, 28 SCRA 796)
Riversandtheir beds Rivers and their beds
Rivers and their natural beds, as well as lakes and
l b l t th St t d t i lagoons belong to the State, and so too are rain
water falling on private lands. (Water Code)
B k f i d t dth h f th Banks of rivers and streams and the shores of the
seas and lakes are subject to easement for
recreation na igation floatage fishingandsal age recreation, navigation, floatage, fishing and salvage
along their margins and within a zone of:
3metersinurbanareas 3 meters in urban areas,
20 meters in agricultural areas, and
40metersinforest areas alongtheir margins 40 meters in forest areas, along their margins.
Protectedareas: Protected areas:
RA No. 7586 provides for the establishment and
management of a national integrated protected
areas system referred to as the National
Integrated Protected Areas System Act of 1992).
Protectedareasarenecessarytomaintain Protected areas are necessary to maintain
essential ecological processes and life-support
systems topreservegeneticdiversity toensure systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein.
A protected area, like the Bataan Natural Park,
is inalienable.
Mangroveswamps Mangrove swamps
Mangrove swamps or manglares are forestal
d t li bl i lt l l d and not alienable agricultural land.
The Bureau of Fisheries has no jurisdiction to
di f l d l d dispose of swamplands or mangrove lands
forming part of the public domain.
Mangrove swamps form part of the public
forests and, therefore, not subject to disposition
il d l h fi l d f until and unless they are first released as forest
land and classified as alienable agricultural
l d(Di t f F t Vill l 170 land.(Director of Forestry v. Villareal, 170
SCRA 598)
Importanceof mangroves Importance of mangroves
Provide an important nursery for fish, shellfish
andother organisms and other organisms
Provide other functions such as preventing soil
i d i h li f h erosion and protecting shoreline from typhoons
and strong waves.
Provide food and shelter for plenty of saltwater
fish and other marine life.
Roots keep the soil and sand from eroding.
TheFisheriesCodemakesit unlawful toconvert The Fisheries Code makes it unlawful to convert
mangroves into fishponds or for other purposes.
Watersheds Watersheds
Watersheds had been subjected to rampant abusive
treatment duetovariousunscientificand treatment due to various unscientific and
destructive land use practices; they were wantonly
deforestedduetouncontrolledtimber cuttingby deforested due to uncontrolled timber cutting by
licensed concessionaries and illegal loggers.
I T Di t f F t (125SCRA 302) th InTan v. Director of Forestry (125 SCRA 302), the
Supreme Court reiterated the basic policy of
i th ti l t i lifi d conserving the national patrimony, as exemplified
by the governments withdrawal from entry, sale or
ttl t f f t f t h d il settlement of forest reserves for watershed, soil
protection and timber production purposes.
Importanceof watersheds Importance of watersheds
The most important product of a watershed is
water which is one of the most important human
necessities.
Protection of watershed ensures an adequate
supplyof water andthecontrol of flashfloods supply of water and the control of flashfloods
that not only damage property but also cause
lossof lives loss of lives.
Protection of watersheds is an intergene-
rational responsibility. (Sta. Rosa Realty v. CA,
GR No. 112526, Oct. 12, 2001)
Protectedareas Protected areas
RA No. 7586 provides for the establishment and
management of a national integrated protected
areas system referred to as the National Integrated
Protected Areas System Act of 1992.
NIPAS is the classification and administration of all
designated protected areas to maintain essential
ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable use
of resources found therein, and to maintain their
natural conditions to the greatest extent possible.
A protectedarea liketheBataanNatural Park is A protected area, like the Bataan Natural Park, is
inalienable. The illegal possession or sale of
rightsof portionsthereof isprohibitedunder the rights of portions thereof is prohibited under the
NIPAS Act.
Under Sec 19 RA No 7942 or thePhilippine Under Sec. 19, RA No. 7942, or the Philippine
Mining Act of 1955, mining operations are not
allowedinoldgrowthor virginforests, allowed in old growth or virgin forests,
proclaimed watershed forest reserves, wilderness
area, mangrove forests, mossy forests, national , g , y ,
parks, provincial/municipal forests, parks,
greenbelts, game refuge and bird sanctuaries as
defined by law in areas expressly prohibited
under the NIPAS and other laws.
Exemptions and exclusions under the Agrarian
Reform Program:
Lands actually, directly and exclusively used for
parks, wildlife, forest reserves, reforestation, fish
sanctuaries and breeding grounds, watersheds
and mangroves;
Lands actually, directly and exclusively used and
found to be necessary for national defense,
school sites and campuses, including
experimental farm stations, church sites and
convents, penal colonies, government and private
research and quarantine centers, and lands with
18% slope and over.
Property Registration Decree (PD No. 1529)
Approved J une 11, 1978, the Decree supersedes
and codifies all laws relative to land registration.
It substantially incorporates the substantive and
procedural requirements of Act No. 496 but p q
includes judicial confirmation of imperfect titles
under its Section 14(1). ( )
It provides remedies for fraudulent registration,
includinganAssuranceFundtoanswer for including an Assurance Fund to answer for
damages.
REGISTRATIONUNDERTHE PROPERTY REGISTRATION UNDER THE PROPERTY
REGISTRATION DECREE (PD NO. 1529)
Under Sec. 14(1), PD 1529
Th h b th l th i Those who by themselves or their
predecessors-in-interest have been in open,
continuous, exclusive and notorious
possession and occupation of alienable and
disposable lands of the public domain
under a bona fide claim of ownership since f p
J une 12, 1945, or earlier.
Fromtheforegoing petitionersneedtoprovethat: From the foregoing, petitioners need to prove that:
(1) the land forms part of the alienable and
di bl l d f th bli d i d disposable land of the public domain; and
(2) they, by themselves or through their
predecessors-in-interest, have been in open,
continuous, exclusive, and notorious possession
and occupation of the subject land under a bona
fide claim of ownership from J une 12, 1945 or p ,
earlier.
Thesethepetitionersmust provebynolessthan These the petitioners must prove by no less than
clear, positive and convincing evidence. (Valiao v.
Republic GR No 170757 Nov 28 2011) Republic, GR No. 170757, Nov. 28, 2011)
Requirements:
The applicant must be a Filipino citizen. pp p
The land must already be classified as alienable
and disposable (A andD) landat the time of the and disposable (A and D) land at the time of the
filing of the application (Republic v. Vega, GR
No 177790, J an 17, 2011; Malabananv Court of No. 177790, J an. 17, 2011; Malabanan v. Court of
Appeals, GR No. 179987, April 29, 2009;).
Possessionand occupationmust beopen Possession and occupation must be open,
continuous, exclusive and notorious under a bona
fide claimof ownership(OCENCO) fide claim of ownership (OCENCO).
Since J une 12, 1945 or earlier.
Rationale of the rule that the land need be classified as
A andDalreadyat the time theapplicationisfiled: A and D already at the time the application is filed:
If the State, at the time the application is made,
hasnot yet deemedit proper toreleasethe has not yet deemed it proper to release the
property for alienation or disposition, the
presumptionisthat thegovernment isstill presumption is that the government is still
reserving the right to utilize the property; hence,
th dt it hi i th St t the need to preserve its ownership in the State
irrespective of the length of adverse possession
i df ith even in good faith.
Under Sec. 14(2)
Thosewhohaveacquiredownershipof Those who have acquired ownership of
private lands by prescription under the
provisionsof existinglaws provisions of existing laws
Rule on prescription:
O di i ti 10 i d Ordinary prescription 10 years in good
faith
E di i i 30 Extraordinary prescription 30 years
But land must be patrimonial property for
prescription to apply. (Malabananv. Republic,
supra)
Lands of the public domain shall form part of the
patrimonial propertyof theStatewhenthereisa patrimonial property of the State when there is a
declaration that:
Th l d li bl di bl d These lands are alienable or disposable, and
Are no longer intended for public use or public
service
Only when such lands have become patrimonial y p
can the prescriptive period for the acquisition of
thepropertybegintorun. (Malabananv. CA, the property begin to run. (Malabananv. CA,
supra)
Under Sec. 14(3)
Those who have acquired ownership of
i t l d b d d i b d b i ht private lands or abandoned river beds by right
of accession or accretion under the existing
l laws.
Ownership of abandoned river beds by right of
accession:
Under Article 461 of the Civil Code, river beds
whichareabandonedthroughthenatural change which are abandoned through the natural change
in the course of the waters ipso facto belong to
theownerswhoselandsareoccupiedbythenew the owners whose lands are occupied by the new
course in proportion to the area lost. However,
theownersof theadjoininglandsshall havethe the owners of the adjoining lands shall have the
right to acquire the same by paying the value
thereof thereof.
Th f h ff dl d l h The owners of the affected lands may not compel the
government to restore the river to its former bed, nor
th t i th t f t ki t t can they restrain the government from taking steps to
revert the river or stream to its former courts.
Th f h ff dl d h l The owners of the affected lands may themselves
undertake the reversion of the river to its original
b t it i db th t course, but upon a permit issued by the government.
(Art. 58, PD 1067, Water Code)
h hi f h b d d i b di f d The ownership of the abandoned river bed is transferred
ipso facto tothe owners whose lands are occupied by
th f th i t t f th l the new course of the river to compensate for the loss
of the land occupied by the new bed.
Ownershipbyright of accretion alongriver banks Ownership by right of accretion along river banks
Under Art. 457, CC, to the owners of land
adjoining the banks of rivers belong the accretion
which they gradually receive from the effects of
the current of the waters. J ustification:
To offset his loss for possible erosion of his land p
due to the current of the river;
Tocompensatefor hisburdensarisingfromthe To compensate for his burdens arising from the
subjection of his land to encumbrances or legal
easements; and easements; and
He is in the best position to cultivate it. (Cortex v.
Cityof Manila 10Phil 567) City of Manila, 10 Phil. 567)
;
The owner must register the accretion under the
Torrenssystem otherwisethealluvial property Torrens system, otherwise the alluvial property
may be subject to acquisition through prescription
b thi d (G d C t f A l 5 by third persons. (Grande v. Court of Appeals, 5
SCRA 524)
The increment does not automatically become
registered land just because the lot which receives g j
such accretion is covered by a Torrens title. It
must beplacedunder theoperationof theTorrens must be placed under the operation of the Torrens
system. (Cureg v. Intermediate Appellate Court,
177SCRA 313) 177 SCRA 313)
Alluvial formationalongtheseashore ispart of Alluvial formation along the seashore is part of
the public domain and, therefore, not open to
i iti b d i acquisition by adverse possession.
Art. 4. Lands added to the shore by accretion and
alluvial deposits caused by the action of the sea,
form part of the public domain. When they are no
longer washed by the waters of the sea, and are not
necessary for purposes of public utility, or for the
establishment of special industries, or for the coast-
guard service, the Government may declare them to
be the property of the owners of the estate adjacent
thereto and as an increment thereof. (Spanish Law
of Waters)
Registration under Sec. 14(4)
Thosewhohaveacquiredownershipof landin Those who have acquired ownership of land in
any other manner provided for by law.
InRepublic rep by the Mindanao Medical Center In Republic, rep. by the Mindanao Medical Center
v. Court of Appeals (GR No. L-40912, Sept. 30,
1976) theSupremeCourt heldthat Proclamation 1976), the Supreme Court held that Proclamation
No. 350 legally effected a land grant for medical
purposestotheMindanaoMedical Center validly purposes to the Mindanao Medical Center validly
sufficient for initial registration under the Land
RegistrationAct Registration Act.
Registration under Sec. 14(4)
Thosewhohaveacquiredownershipof landin Those who have acquired ownership of land in
any other manner provided for by law.
I I t ti l H d d U i it f th In International Hardwood v. University of the
Philippines, GR No. 52518, Aug. 13, 1991, the
C h ld h l d h i b d Court held that a land grant having been made
to UP for its experiment and research functions
pursuant to a Presidential proclamation and
legislative act, the State divested itself of its
rights and title thereto and made UP the
absolute owner thereof.
REGISTRATIONUNDER SEC 48(B) OF THE REGISTRATION UNDER SEC. 48(B) OF THE
PUBLC LAND ACT (CA NO. 141)
Whomayapply Who may apply
Those who by themselves or through their
predecessorsininterest havebeeninopen predecessors in interest have been in open,
continuous, exclusive, and notorious possession and
occupationof alienableanddisposablelandsof the occupation of alienable and disposable lands of the
public domain, under a bona fide claim of acquisition
of ownership sinceJ une12 1945 except when of ownership, since J une 12, 1945, except when
prevented by war or force majeure. These shall be
conclusivelypresumedtohaveperformedall the conclusively presumed to have performed all the
conditions essential to a Government grant and shall
beentitledtoacertificateof titleunder theprovisions be entitled to a certificate of title under the provisions
of this chapter. (Sec. 48[b], CA 141)
There are no material differences between Sec.
14(1) of PD No. 1529 and Sec. 48(b) of CA No.
141.
While the Public Land Act (PLA) refers to
agricultural lands of the public domain and the
Property Registration Decree (PRD) refers to
alienable and disposable lands of the public
domain, the subject lands are of the same type
since under the Constitution, alienable lands of the
public domain shall be limited to agricultural
lands.
S 48(b) CA 141 d db PD1073 Sec. 48(b), CA 141, as amended by PD 1073,
requires possession since June 12, 1945, or prior
h thereto.
But the land need be classified as A and D land
only at the time the application for registration is
filed. (Malabanan vs. Court of Appeals, GR No. ( pp
179987, April 29, 2009)
Lengthof possessionunder Sec 48(b) CA 141 Length of possession under Sec. 48(b), CA 141
Originally, Sec. 48(b) of CA 141 provided for
possessionandoccupationof landsof thepublic possession and occupation of lands of the public
domain since J uly 26, 1894. This was superseded by
RA 1942whichprovidedfor asimplethirty-year RA 1942 which provided for a simple thirty year
prescriptive period of occupation by an applicant for
judicial confirmation of an imperfect title. judc co o o pe ec e.
But PD No. 1073, dated Jan. 25, 1977, further
amended Sec. 48(b) by requiring open, continuous, ( ) y q g p , ,
exclusive and notorious possession and occupation
(of A and D land) by the applicant himself or thru his ( ) y pp
predecessor-in-interest, under a bona fide claim of
acquisition of ownership, since June 12, 1945.
(Republic v. Doldol, GR No. 132963, 9/10/98)
REGISTRATION UNDER THE INDIGENOUS
PEOPLESRIGHTSACT PEOPLES RIGHTS ACT
Constitutional provisions
Th S i d h i h f The State recognizes and promotes the rights of
indigenous cultural communities within the
framework of national unity and development.
(Sec. 2 Art. II)
The Congress may provide for the applicability of
customary law governing property rights or y g gp p y g
relations in determining the ownership and extent
of ancestral domain. (Sec. 5, par. 2, Art. XII) of ancestral domain. (Sec. 5, par. 2, Art. XII)
Indigenous concept of ownership
The IPRA (RA No. 8371) recognizes the ( ) g
existence of the indigenous cultural
communities or indigenous peoples (ICCs/IPs) g p p ( )
as a distinct sector in Philippine Society.
It grantsthesepeopletheownership and It grants these people the ownership and
possession of their ancestral domains and
ancestral lands, and defines the extent of these ,
lands and domains.
Theownershipgivenistheindigenousconcept The ownership given is the indigenous concept
of ownership under customary law which traces
itsorigintonative title. its origin to native title.
A l l d /d i d d f Ancestral lands/domains are not deemed part of
the lands of the public domain but are private
lands belonging to ICCs/IPs who have actually
occupied, possessed and utilized their territories
under claim of ownership since time immemorial.
Native title referstopre-conquest rightswhich as Native title refers to preconquest rights which, as
far back as memory reaches, have been held under
claimof privateownershipbyICCs/IPs have claim of private ownership by ICCs/IPs, have
never been public lands and are thus indisputably
presumedtohavebeenheldthat waysincebefore presumed to have been held that way since before
the Spanish Conquest. (Cruz v. Sec. of DENR, 347
SCA 128) SCA 128)
The National Commission on Indigenous Peoples
(NCIP) hastheauthoritytoissuecertificatesof (NCIP) has the authority to issue certificates of
ancestral domain title (CADT) or certificates of
ancestral landtitle(CALT) ancestral land title (CALT).
The recording of CADT and CALT in the Office
of the Register of Deeds does not result in the
issuance of Torrens certificate of title. The purpose
of registration is simply to apprise the public of
the fact of recognition by the NCIP of specific g y p
claims to portions of the ancestral domains or
ancestral lands.
Modes of acquisition
Therightsof ICCs/IPstotheir ancestral The rights of ICCs/IPs to their ancestral
domains and ancestral lands may be acquired in
t d two modes:
By native title over both ancestral lands and
domains; or
ByTorrens title under thePublicLandAct (CA By Torrens title under the Public Land Act (CA
No. 141) of the Property Registration Decree
(PDNo 1529) withrespect toancestral lands (PD No. 1529) with respect to ancestral lands
only.
R i f i i Requirements for registration
The applicant is a member of an indigenous pp g
cultural group;
Hemust havebeeninpossessionof an He must have been in possession of an
individually-owned ancestral land for not less
thanthirty(30) years; than thirty (30) years;
By operation of law, the land is already
classified as A and D, even if it has a slope of
18% or over, hence, there is no need to submit a
separate certification that the land is A and D.
(Sec. 12, RA No. 8371) ( , )
Transfer of land or property rights
Therightsof ownershipover ancestral lands may The rights of ownership over ancestral lands may
be transferred subject to the following limitations:
Onlytomembersof thesameICCs/IPs; Only to members of the same ICCs/IPs;
In accord with customary laws and traditions; and
S bj t t th i ht f d ti f i d f Subject to the right of redemption for a period of
fifteen (15) years if the land was transferred to a
non member non-member.
Ancestral domains belong to all generations and
th f t b ld di d d t d therefore cannot be sold, disposed or destroyed.
WHO MAY APPLY FOR REGISTRATION?
Onthebasisof their capacitytoacquireor holds On the basis of their capacity to acquire or holds
lands of the public domain, the following may
i i t l d acquire private lands:
Filipino citizens
Filipino corporations and associations, 60% of
whosecapital areownedbyFilipinos whose capital are owned by Filipinos
Aliens by hereditary succession
A natural born citizen who has lost his
citizenship under the terms of Sec. 8, Art. XII
Constitutional provisions Constitutional provisions
Save in cases of hereditary succession, no private
landsshall betransferredor conveyedexcept to lands shall be transferred or conveyed except to
individuals, corporations, ort associations
qualifiedtoacquireor holdlandsof thepublic qualified to acquire or hold lands of the public
domain. (Sec. 7, Art. XII)
Notwithstanding the provisions of Section 7 of
this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship
may be a transferee of private lands, subject to
limitations provided by law. (Sec. 8, Ibid)
Arealimitationsunder RA 7042asamendedby Area limitations under RA 7042 as amended by
RA 8179
U b l d 5000 t Urban land 5,000 square meters
Rural land 3 hectares.
Under RA 9225 (Citizenship Retention and Re-
acquisition Act of 2003), a natural-born citizen who
has lost his Philippine citizenship by reason of his
naturalization as a citizen of a foreign country is
deemed to have re-acquired Philippine citizenship
upon taking his oath of allegiance to the Republic and
shall enjoy full civil and political rights under
existing laws.
Rulerestated Rule restated
On the basis of their capacity to acquire or
holds lands of the public domain, the
following may acquire private lands:
Filipino citizens
Filipinocorporationsandassociations 60% Filipino corporations and associations, 60%
of whose capital are owned by Filipinos
Aliens by hereditary succession
A natural born citizen who has lost his
citizenship under the terms of Sec. 8, Art.
XII XII
The capacity to own land is determined at the time
of its acquisition and not registration.
Example: Pedro, a Filipino, bought land from
J ose who at the time of the sale had already
li d i h h i f h complied with the requirements for the
registration of the land. Pedro later became a
t li dC di iti P d b t naturalized Canadian citizen. Pedros subsequent
acquisition of Canadian citizenship will not
impair hisright tothelandwhichhecouldhave impair his right to the land which he could have
validly registered when he was yet a Filipino
citizen Heisalsoqualifiedunder thetermsof citizen. He is also qualified under the terms of
Sec. 8, Art. XII, Constitution. (Republic v. CA
andLapia, 235SCRA 567) and Lapia, 235 SCRA 567)
Q. Can a Filipino vendor recover land sold to an
li ? alien?
A. Yes. When an agreement is not illegal per se but
is merely prohibited and the prohibition is designed
for the protection of the plaintiff, he may recover
the land, the public policy being to preserve and
maintain the land in the hands of Filipino citizens.
(Phil. Banking Corp. V. Lui She, 21 SCRA 52;
Borromeo v. Descallar, 580 SCA 175; United
Church v. Sebastian, 159 SCRA 446)
Other illustrativecasesonacquisitionbyaliens Other illustrative cases on acquisition by aliens
Where the land was now in the hands of a naturalized
Filipino thereisnomorepublicpolicytobeserved Filipino, there is no more public policy to be served
by allowing recovery. (Barsobia v. Cuenco , 199 Phil.
26) 26),
Where land is sold to a Chinese who later sold it to a
Fili i th l l b i d Filipino, the sale can no longer be impugned.
(Herrera v. Guan, 1 SCRA 406).
Ch k A i dC Fili i i d Chuck, an American, and Cory, a Filipino, acquired
land which was registered in the latters name. Cory
ldth l dt M i ith t Ch k t sold the land to Mario without Chucks consent.
Valid? Yes. Chuck never acquired any right to the
land hebeinganalien (Cheesmanv IAC 193 land, he being an alien. (Cheesman v. IAC, 193
SCRA 93)
Privatecorporationsnot qualified Private corporations not qualified
Private corporations or associations may not
h ld( h) li bl l d f th bli d i hold (such) alienable lands of the public domain
except by lease, for a period not exceeding 25
years renewablefor not morethan25years years, renewable for not more than 25 years,
and not to exceed 1,000 hectares in area. (Sec.
3 Art XII Constitution) 3, Art. XII, Constitution)
Reason: to encourage economic family-sized
farmsbytransferringownershipof onlyalimited farms by transferring ownership of only a limited
area of alienable lands of the public domain to a
qualifiedindividual Availablelandsare qualified individual. Available lands are
decreasing due to increasing population.
Corporationsole Corporation sole
A corporation sole is vested with the right to hold
real estate and personal property. (Roman
Catholic Apostolic v. LRC, 102 Phil. 596)
It is created not only to administer the
temporalities of the church or religious society p g y
where the administrator (bishop or archbishop)
belongsbut alsotoholdandtransmit thesameto belongs but also to hold and transmit the same to
his successor in office.
Uponthedeathof theadministrator church Upon the death of the administrator, church
properties pass, by operation of law, not to his
heirsbut tohissuccessor inoffice heirs but to his successor in office.
PUBLICATION, MAILING AND POSTING
Th C h ll i hi 5d f fili f h The Court shall within 5 days from filing of the
application, issue an order setting the date and hour
f th i iti l h i hi h h ll t b li th of the initial hearing which shall not be earlier than
45 days nor later than 90 days from the date of the
order Thepublicshall begivennoticeof theinitial order. The public shall be given notice of the initial
hearing of the application for land registration by
meansof (a) publication; (2) mailing; and(c) means of (a) publication; (2) mailing; and (c)
posting. (Sec. 23, PD No. 1529)
Purpose: (a) toconfer jurisdictionuponthecourt Purpose: (a) to confer jurisdiction upon the court,
and (b) to apprise the whole world of the case so
that theymayopposetheapplication, if minded. that they may oppose the application, if minded.
Uponreceipt of theorder of thecourt settingthe Upon receipt of the order of the court setting the
time for initial hearing, the LRA shall cause a
noticeof initial hearingtobepublishedonceinthe notice of initial hearing to be published once in the
Official Gazette and once in a newspaper of
l i l ti i th Phili i P id d general circulation in the Philippines: Provided,
however, That the publication in the Official
h ll b ffi i f j i di i Gazette shall be sufficient to confer jurisdiction
upon the court. Said notice shall be addressed to
all persons appearing to have an interest in the
land involved including the adjoining owners so g j g
far as known, and to all whom it may concern.
(Sec. 23, ibid.) ( , )
Publication Publication
Constructive seizure of the land is effected through
publication of thenoticeof initial hearinginthe publication of the notice of initial hearing in the
OG and in a newspaper of general circulation, and
alsotheposting andmailing thereof toaffected also the posting and mailing thereof to affected
parties. (Sec. 23, PD No. 1529)
Whil th l th t bli ti i th OG h ll While the law says that publication in the OG shall
be sufficient to confer jurisdiction upon the court,
bli ti i i till i d t publication in a newspaper is still required to
accord with the due process requirement. (Roxas v.
C t f A l 270SCRA 309) Court of Appeals, 270 SCRA 309)
But lack of personal noticed does not vitiate the
proceedings. (Roxas v. Enriquez, 212 SCRA 625)
Role of the Solicitor General
The Solicitor General represents the government p g
in all land registration and related proceedings.
As a rule only court notices and processes y p
actually served upon the SG is binding on his
office. office.
Deputized officers are under the direction and
control of theSGhimself (NPC v NLRC GR control of the SG himself. (NPC v. NLRC, GR
No. 90933, May 29, 1997).
Thegovernment mayappeal anadversedecision The government may appeal an adverse decision
despite its non-filing any opposition. (Republic v.
CA dA ill 182SCRA 290) CA and Arquillo, 182 SCRA 290)
Procedure where conveyance involves only a
portion of land: p
No TCT shall be issued by the RD until a plan
of thelandshowingtheportionsintowhichit of the land showing the portions into which it
has been subdivided, together with the technical
d i ti h ll h b ifi d d description, shall have been verified and
approved by the LRA or LMB.
Meanwhile, the deed may only be annotated by
the RD by way of memorandum on the y y
grantors certificate of title. (Sec. 58 in relation
toSec. 50, PDNo. 1529). to Sec. 50, PD No. 1529).
Opposition Opposition
Any person claiming an interest or right of
dominionmayappear andopposetheapplication dominion may appear and oppose the application
for registration.
Wherenooppositionismade all theallegations Where no opposition is made, all the allegations
in the application for registration shall be held as
f d dth l i t h ll b d dt confessed, and the claimant shall be deemed to
have forever lost his right to the land.
B h b f i i d j if h But the absence of opposition does not justify the
court into awarding the land to the applicant; he
must still submit well-nigh incontrovertible proof
that he is entitled to registration. (Director of
Lands v. Agustin, 42 Phil. 227)
Order of default Order of default
If no person appears and answers within the period
allowed anorder of (general) default shall beentered allowed, an order of (general) default shall be entered
and the applicant required to present evidence. When
anappearancehasbeenenteredandananswer filed an appearance has been entered and an answer filed,
an order of (special) default shall be entered against
personswhodidnot appear andanswer (Sec 26 PD persons who did not appear and answer. (Sec. 26, PD
No. 1529)
A partydeclaredindefault may appeal fromthe A party declared in default may appeal from the
judgment by default where the same is not supported
bytheevidence or iscontrarytolaw evenwithout by the evidence, or is contrary to law, even without
the prior filing of a motion to set aside the order of
default (Martinez v Republic 506SCRA 601) default. (Martinez v. Republic, 506 SCRA 601)
Amendments to application
Whereamendment consistsinasubstantial change Where amendment consists in a substantial change
in the boundaries or increase in area of the land or
involvetheinclusionof additional area the involve the inclusion of additional area, the
amendment shall be subject to the same
requirementsof publication and notice asinthe requirements of publication and notice as in the
case of an original application. (Sec. 19, PD 1529;
Beninv Tuason 57SCRA 531) Benin v. Tuason, 57 SCRA 531)
M i di i b d d i Motion to dismiss based on res judicata proper in
registration proceedings
Sec. 34, PD 1529, provides that the Rules of Court
shall be applicable to registration and cadastral cases
b l i l h by analogy or in a suppletory character.
In Valisno v. Plan (143 SCRA 502), the Court,
l i th i i l f j di t i dth applying the principle of res judicata, sustained the
applicants motion to dismiss the opposition to his
li ti f i t ti it i th t th l d application for registration it appearing that the land
sought to be registered had been previously litigated
betweentheapplicant andtheoppositor inacivil between the applicant and the oppositor in a civil
case for recovery of possession, resulting in a
favorablejudgment totheapplicant favorable judgment to the applicant.
A li bili f d Applicability of res judicata
Under the rule of res judicata, a final judgment or
decree on the merits by a court of competent
jurisdiction is conclusive of the rights of the parties or
h i i i i ll l i d ll i d their privies, in all later suits and on all points and
matters determined in the previous suit.
Th i i l b b i i l i h The principle bars a subsequent suit involving the same
parties, subject matter, andcause of action. The
ti l f th l i th t " bli li i th t rationale for the rule is that "public policy requires that
controversies must be settled with finality at a given
point intime (Topaciov BancoFilipino GR No point in time. (Topacio v. Banco Filipino, GR No.
157644, Nov. 17, 2010)
H i Hearing
The court shall decide the case within 90 days from its
submission.
The court may refer the case or part thereof to a referee
who shall submit his report to the court within 15 days
after its termination.
Applications for registration shall be heard by the
regional trial court or, in proper cases, by the first level
courts.
The applicant must show, by well-nigh incontro-
vertible proof, and even in the absence of opposition,
that he is the absolute owner of the land.
EVIDENCE OF OWNERSHIP EVIDENCE OF OWNERSHIP
Proof that landisA andD Proof that land is A and D
Certification of the BFD that land has been
releasedasA andD released as A and D
LC Map showing that the land is within the A and
Dportionof thepublicdomain
yy
D portion of the public domain
Executive proclamation withdrawing a specific
portionfromareservationanddeclaringsame
yy
portion from a reservation and declaring same
open for disposition.
Legislativeor executiveproclamationreservinga Legislative or executive proclamation reserving a
portion of the public domain for public or quasi-
publicuse public use.
The application for original registration must be
accompaniedbya: accompanied by a:
(1) CENRO or PENRO Certification that land is
A dD d A and D; and
(2) Copy of the original classification approved
by the DENR Secretary and certified as a true
copy by the legal custodian thereof. (Republic v.
Bantigue Point Development Corp., GR No.
162322, March 14, 2012; Republic v. Dela Paz, p
GR No. 171631, Nov. 5, 2010; Republic v. T.A.N,
555 SCRA 477) )
Identityof theland Identity of the land
Land must be surveyed to establish its identity,
locationandarea location and area.
Only the LMB Director may approve survey plans
for original registrationpurposes (PD239 J uly for original registration purposes. (PD 239, J uly
9, 1973)
Wh d fi i f l d i h b What defines a piece of land is not the area but
the boundaries thereof. (Republic v. CA and
S 301SCRA 366) Santos, 301 SCRA 366)
A certified blue print or white print copy of the
plan suffices for registration purposes. (Director
of Lands v. CA and Iglesia ni Cristo, 158 SCRA
586)
Possession and occupation
Possessionmust beunder aclaimof ownership Possession must be under a claim of ownership.
Acts of a possessory character by one who holds
thepropertybymeretoleranceof theowner isnot the property by mere tolerance of the owner is not
in the concept of owner, and do not start the
period of prescription. pe odo p esc pt o .
Actual possession consists of acts of dominion of
such a nature as a party would naturally exercise p y y
over his own property
Occupation delimits the all-encompassing effect p p g
of constructive possession.
R l f f i f fli f Ruleofpreferenceincaseofconflictof
possession
Th h llb f d Thepresentpossessorshallbepreferred;
Iftheretwopossessors,theonelongerin
i possession;
Ifthedatesofthepossessionarethesame,the
onewhopresentsatitle;and onewhopresentsatitle;and
Ifbothpossessorshavetitles,thecourtshall
determinetherightfulpossessorandownerof determinetherightfulpossessorandownerof
theland.(Art.538,CC)
Merepossessionwillnotdefeatthetitleofa Merepossessionwillnotdefeatthetitleofa
holderofregisteredland.(Eduartev.CA,253
SCRA391) SCRA391)
Overt acts of possession may consist in:
Introducing valuable improvements on the land g
like fruit-bearing trees;
Fencing the area g
Constructing a residential house thereon; and
Declaringthelandfor taxationpurposes. Declaring the land for taxation purposes.
Inapractical andscientificwayof planting aone- In a practical and scientific way of planting, a one-
hectare land can be planted to 144 coconut trees.
It takesonly10yearsfor mangotrees and5years It takes only 10 years for mango trees, and 5 years
for coconuts trees, to begin bearing fruit.
R bli CA dCh 167SCRA 150) Republic v. CA and Chavez, 167 SCRA 150)
Taxdeclarationsandtaxreceipts Tax declarations and tax receipts
Tax declarations and tax receipts are not
conclusiveevidenceof ownershipbut theyarea conclusive evidence of ownership but they are a
good indicia of possession in the concept of
owner (Llanesv Republic 572SCA 258) owner. (Llanes v. Republic, 572 SCA 258)
When coupled with actual possession, payment of
taxesisevidenceof great weight andcanbethe taxes is evidence of great weight and can be the
basis of a claim of ownership through
prescription (Republicv Alconaba 427SCRA prescription. (Republic v. Alconaba, 427 SCRA
611)
But ataxdeclaration standing alone merely But a tax declaration, standing alone, merely
prove payment of taxes.
Taxesmust bepaidannually Taxes must be paid annually.
Spanish titles are no longer efficacious as proof of
ownershipp
Pursuant to PD No. 892, dated Feb. 16, 1976,
Spanishtitlesmaynolonger beusedasevidenceof Spanish titles may no longer be used as evidence of
land ownership
Theproliferationof d bio sSpanishtitlesha e The proliferation of dubious Spanish titles have
raised conflicting claims of ownership and tended
todestabili etheTorrenss stemof registration to destabilize the Torrens system of registration.
Case study: Intestate Estate of Don Mariano San
d b f l Pedro y Esteban v. Court of Appeals, 265 SCRA
733.
J udgment g
The judgment confirms the title of the applicant
or theoppositor Partial judgment isproper where or the oppositor. Partial judgment is proper where
a subdivision plan is submitted. (Sec. 28)
J udgment becomesfinal after 15daysfrom J udgment becomes final after 15 days from
receipt of notice of the judgment.
Court retains jurisdiction until after the entry of
the final decree of registration. (Gomez v CA,
168 SCRA 503)
Principle of res judicata is applicable to p j pp
registration proceedings. (Aring v. Original, a6
SCRA 1021) SC 0 )
Wi f i Writ of possession
A writ of possession may be issued in: (a) land
i i di hi hi i (b) registration proceeding which is in rem; (b)
extrajudicial foreclosure of realty; (c) judicial
f l f t hi hi i i d foreclosure of mortgage which is a quasi in rem; and
(d) execution sales.
A writ of possessionmaybeissuednot onlyagainst A writ of possession may be issued not only against
the person defeated in the land registration case but
alsoagainst anyoneunlawfullyoccupyingtheland also against anyone unlawfully occupying the land
during the pendency of the proceedings up to the
issuanceof thefinal decree (Vencilaov Vano 182 issuance of the final decree. (Vencilao v. Vano, 182
SCRA 491
Writ of possession
But the sheriff cannot remove or demolish the
improvements except upon special order of the
court. (Tumibay v. Soro, GR 152016, April 12, ( y , , p ,
2010)
Thewrit will not issueagainst personstaking The writ will not issue against persons taking
possession after issuance of the final decree.
Theremedyistofileaseparateactionfor The remedy is to file a separate action for
forcible entry or detainer, or a reivindicatory
action (Bernasv Nueva127SCA 399) action. (Bernas v. Nueva,127 SCA 399)
When separate action, not writ of possession, is p p
necessary
When parties against whom a writ of possession is
sought entered into possession apparently after the
issuance of the final decree, and none of them had been
a party in the registration proceedings, the writ of
possession will not issue.
A h t k i f th l d ft fi l A person who took possession of the land after final
judgment in registration proceedingscannot be
summarily ousted throughawrit of possessionsecured summarily ousted through a writ of possession secured
by a mere motion and that regardless of any title or lack
of titleof personstoholdpossessionof thelandin of title of persons to hold possession of the land in
question, they cannot be ousted without giving them
their day in court in proper independent proceedings. y p p p p g
(Bernas v. Nuevo, 127 SCRA 399)
Failure to vacate; contempt ; p
Under Section 3 (d), Rule 19, Rules of Court, the writ
of execution must require the sheriff or other officer to
whom it must be directed to deliver the possession of
the property, describing it, to the party entitled thereto.
Th h iff di j h l i The sheriff must dispossess or eject the losing party
from the premises and deliver the possession thereof to
the inningpart the winning party.
If subsequent to such dispossession or ejectment the
losingpartyentersor attemptstoenter intoor uponthe losing party enters or attempts to enter into or upon the
real property, for the purpose of exercising acts of
ownershipor possession, or inanymanner disturbsthe ownership or possession, or in any manner disturbs the
possession of the person adjudged to be entitled thereto,
only then may the loser be charged with and punished y y g p
for contempt . (Vencilao v. Vano, 182 SCRA 491).
Notice to the Solicitor General
Only notices of court orders or processes served on y p
the Solicitor General bind the government.
Periodof appeal shall becountedfromdateof Period of appeal shall be counted from date of
receipt of the judgment by the SG and not by the
prosecutor prosecutor.
Belated filing of appeal by the State, or even its
failuretofileanopposition becauseof themistake failure to file an opposition, because of the mistake
or error of its officials or agents, does not deprive it
of itsright toappeal fromtheadversejudgment of of its right to appeal from the adverse judgment of
the registration court. (Republic v. Tiotioen, 568
SCRA 152) SCRA 152)
Executionpendingappeal isnot proper ina Execution pending appeal is not proper in a
registration case. (Republic v. Nillas, 512 SCRA
286) 286)
Failure on the part of the administrative authorities
(LRA) to do their part in the issuance of the decree
of registration cannot oust the prevailing party from
ownership of the land.
The judgment does not have to be executed by j g y
motion or enforced by action within the purview of
Rule 39 of the 1997 Rules of Civil Procedure.
Neither prescription nor laches bars the enforce-
ment of thejudgment of theregistrationcourt ment of the judgment of the registration court.
DECREE OF REGISTRATION
Thedecreeof registrationshall bindthelandand The decree of registration shall bind the land and
quiet title thereto, subject to exceptions or liens as
maybeprovidedbylaw (Sec 31 PDNo 1529) may be provided by law. (Sec. 31, PD No. 1529)
It shall be conclusive against all persons,
includingthegovernment anditsbranches (Ibid ) including the government and its branches. (Ibid.)
Land becomes registered land only upon the
t i ti f th d i th b k f th transcription of the decree in the book of the
Register of Deeds, and not on the date of the
issuanceof thedecree (Manotokv CLT Realty issuance of the decree. (Manotok v. CLT Realty,
GR No. 123346, March 31, 2009)
MaysiloEstateCase Landof Caveat Emptor) Maysilo Estate Case Land of Caveat Emptor)
Issue: When is a certificate of title deemed
registered: the date of the issuance of the decree of
registration (April 19, 1917), or the date the decree
was transcribed in the Office of the RD (May 3,
1917)?
Held: The original certificate of title is issued on the
date the decree of registration is transcribed since date the decree of registration is transcribed since
what stands as the certificate is the transcript of the
decreeof registrationmadebytheRDinthe decree of registration made by the RD in the
registry. (Manotok v. CLT Realty, 540 SCRA 304)
A registration court has no jurisdiction to decree
again land already decreed in a prior case.
(Laburada v. LRA, 287 SCRA 333)
An application for registration of an already titled
land constitutes a collateral attack on the existing g
title. (SM Prime Holdings v. Madayag, 578 SCRA
552))
CERTIFICATE OF TITLE CERTIFICATE OF TITLE
A certificateof titlemaybeanoriginal certificate A certificate of title may be an original certificate
of title, which constitutes a true copy of the decree
of registration, or a transfer certificate of title, g , ,
issued subsequent to original registration.
The title serves as evidence of an indefeasible and f
incontrovertible title one year after the issuance of
the decree of registration by the LRA. (Del Prado
v. Caballero, GR No. 148225, March 3, 2010)
A person dealing with registered land need not go p g g g
beyond, but only has to rely on, the title of his
predecessor. (Guaranteed Homes v. Valdez, 577
SCRA 441)
A certificateof titleissuedpursuant toadminis A certificate of title issued pursuant to adminis-
trative proceedings (e.g., homestead patent) is as
i d f ibl titl i dth hj di i l indefeasible as any title issued through judicial
proceedings provided the land is a disposable
public land, and becomes incontrovertible one
year after the issuance of the patent. (Republic v.
Carle, 105 Phil. 1227)
A certificateof titlebasedonanemancipation A certificate of title based on an emancipation
patent under PD No. 27 also enjoys the same
protectionasacertificateissuedjudiciallyor protection as a certificate issued judicially or
administratively. (Lonoy v. Sec. of Agrarian
Reform R No 175049 Nov 27 2008) Reform, R No. 175049, Nov. 27, 2008)
Statutory Liens Affecting Title y g
Every registered owner holds title free from
encumbrances except: (a) liens or rights not p ( ) g
required by law to be registered (b) unpaid real
estate taxes (c) public highway (d) limitation ( ) p g y( )
on the use of property under agrarian reform
and public land laws (e) liability to attachment p ( ) y
or levy on execution (f) taking under eminent
domain proceedings. (Sec. 44, PD No. 1529) p g ( , )
Purpose: to give the registered owner an
absolutely clean title, not subject to hidden y , j
defects or inchoate claims, as well as
restrictions except those appearing in the p pp g
certificate or imposed by the law.
Voluntary and involuntary registration distinguished
Voluntaryregistration thepurchaser becomes Voluntary registration the purchaser becomes
the registered owner upon the filing and entry of
the deed sale in the day book and the surrender the deed sale in the day book, and the surrender
of the owners duplicate certificate of title to the
RD RD.
Involuntary registration registration is complete
upon filing and entry of the order (of attachment,
levy upon execution, notice o lis pendens, etc.) in
the day book of the RD, without need of
presenting the owners duplicate.
REMEDIES
REMEDIES
REVIEWOF DECREE REVIEW OF DECREE
In Eland Philippines v. Garcia, GR No.
173289, Feb. 17, 2010, the Court, citing
Agcaoili, Property Registration Decree and g , p y g
Related Laws, held that courts may reopen
theproceedingswhereapetitionfor reviewis the proceedings where a petition for review is
filed within one year from the issuance of the
decreeof registration basedonactual or decree of registration, based on actual or
extrinsic fraud.
Sec 32 PDNo 1529 Reviewof Decree Sec. 32, PD No. 1529. Review of Decree.
The decree of registration shall not be reopened or
revisedbyreasonof absence minority or other revised by reason of absence, minority, or other
disability of any person adversely affected thereby, nor
byanyproceedinginanycourt for reversing by any proceeding in any court for reversing
judgments, subject, however, to the right of zany
person, includingthegovernment andthebranches person, including the government and the branches
thereof, deprived of land or of any estate or interest
therein by such adjudication of confirmation of title y j
obtained by actual fraud, to file in the proper Regional
Trial Court a petition for reopening and review of the
decree of registration not later than one year from and
after the date of the entry of such decree of registration,
b i h ll h but in no case shall such
petition be entertained by the court where an innocent
purchaser for value has acquired the land or an interest p f q
therein, whose rights may be prejudiced. Whenever the
phrase innocent purchaser for value or an equivalent
phrase occurs in this Decree, it shall be deemed to
include an innocent lessee, mortgagee, or other
encumbrancer for value. Upon the expiration of said
period of one year, the decree of registration and the
tifi t f titl h ll b i t tibl A certificate of title shall become incontrovertible. Any
person aggrieved by such decree of registration in any
casemaypursuehisremedybyactionfor damages case may pursue his remedy by action for damages
against the applicant or any other persons responsible
for thefraud for the fraud.
Requisites:
(a) petitioner must haveaninterest inland; (a) petitioner must have an interest in land;
(b) petition is based on actual or extrinsic
f d fraud;
(c) petition is filed within one year from the
i f h d f i i d issuance of the decree of registration; and
(d) property has not yet passed to innocent
purchaser for value. (Walstrom v. Mapa, 314
Phil. 527)
Extrinsic fraud is the fraudulent act of the
successful party committed outside the trial of a
case against the defeated party which prevented the
latter from fairly presenting his case.
Intrinsic fraud referstoactsof apartyinalitigation Intrinsic fraud refers to acts of a party in a litigation
during the trial, such as the use of forged
instrumentsor perjuredtestimony whichdidnot instruments or perjured testimony, which did not
affect the presentation of the case, but did prevent a
f i dj t d t i ti f th (P l fair and just determination of the case. (Palancav.
American Food Manufacturing, 24 SCRA 819)
E l f i i f d Examples of extrinsic fraud
Deliberate misrepresentation that the lot is not
contested when in fact it is;
Applying for land which the applicant knows had not
been allotedto him in the partition;
Willfullymisrepresenting that there are no other
claims to the land;
Inducing a claimant not to oppose the application.
The overriding consideration is that the fraudulent
scheme prevented a party from having his day in court.
h f di h ff d i h j i di i The fraud is one that affects and goes into the jurisdiction
of the court.
Innocent purchaser for value Innocent purchaser for value
In no case shall such (petition for review) be
t t i db th t h i t h entertained by the court where an innocent purchaser
for value has acquired the land or an interest therein,
h i ht b j di d (S 32 PDN whose rights may be prejudiced. (Sec. 32, PD No.
1529)
An innocent purchaser for value is one who buys
the property of another without notice that some
other person has a right to or interest in it, and who
pays a full and fair price at the time of the purchase
or before receiving any notice of another persons
claim. (Rosales v. Burgos, 577 SCA 264)
Everypersondealingwithregisteredlandhasaright Every person dealing with registered land has a right
to rely on the correctness of the title and is not obliged
togobeyondthecertificatetodeterminethecondition to go beyond the certificate to determine the condition
of the property. (Unchuan v. CA, 161 SCRA 710)
Inaseries of transfers it isenoughthat thebuyer In a series of transfers, it is enough that the buyer
examines the latest certificate of title and need not
scrutinizeeachandeverytitlethat precededit scrutinize each and every title that preceded it.
(Tajonera v. CA, 103 SCRA 467)
R l f (b b ) h b Rule of caveat emptor (buyer beware): one who buys
without checking the vendors title takes all the risks
dl hf il (D i CA and losses consequent to such failure. (Dacasin v. CA,
80 SCRA 89)
Nemodatquodnonhabet Nemodatquodnonhabet
Noonecangivewhatonedoesnothave.
O ll l h t i Onecansellonlywhatoneownsoris
authorizedtosell,andthebuyercanacquire
h h h ll f nomorethanwhatthesellercantransfer
legally.
Prioresttemporae,priorestinjura
Hewhoisfirstinrightispreferredinright. g p g
Thus,whenthethingsoldisanimmovable,
theonewhoacquiresitandfirstrecordsitin q
theRegistryofProperty,bothmadeingood
faith,shallbedeemedtheowner faith,shallbedeemedtheowner.
Rule of good faith equally applies to mortgagees
(or other encumbrancers for value) (Sec. 32, PD
No. 1529)
Thus wheretheTorrenstitlewasissuedthrough Thus, where the Torrens title was issued through
regular registration proceedings, a subsequent order
for thecancellationnullificationof thetitleisnot a for the cancellation nullification of the title is not a
ground for nullifying the mortgage rights of the
bank. (St. Dominicv. IAC, 151SCRA 577) bank. (St. Dominic v. IAC, 151 SCRA 577)
The right or lien of an innocent mortgagee must be
respectedevenif themortgagor obtainedhistitle respected even if the mortgagor obtained his title
through fraud. (Blanco v. Esquierdo, 110 Phil. 494)
But unlike private individuals, banks (and other
persons engaged in lending money) are expected
to exercise greater care and prudence in their
dealings for their business is invested with public g p
interest. (Metrobank v. SLGT Holdings, 533
SCRA 516; Cruz v. Bancom Finance, 379 SCRA SC 5 6; C u v. a co a ce, 379SC
490)
Goodfaithisaquestionof fact; theburdenof Good faith is a question of fact; the burden of
proving the status of a buyer or mortgagee in good
f ith t ithth ti th t t t faith rests with the person asserting that status.
(Sigaya v. Mayuga, 467 SCA 341)
A mortgageisvalidasbetweenthepartiesevenif A mortgage is valid as between the parties even if
unregistered, but registration of a mortgage is
i di bl t bi dthi d ti indispensable to bind third parties.
Prior registration of an adverse claim or notice
of lis pendens creates a preference as against a
mortgage registered later. g g g
The subsequent registration of a prior mortgage
doesnot diminishthispreference whichretroacts does not diminish this preference, which retroacts
to the date of the notice of adverse claim or lis
d (C B Fi C ti pendens. (Cruz v. Bancom Finance Corporation,
GR No. 147788, March 19, 2002)
T b l R i GR N 140258 D 7 2011 Torbela v. Rosario, GR No. 140258, Dec. 7, 2011
The resolution of this issue depends on the answer to
the question of whether or not Banco Filipino was a
mortgagee in good faith.
On one hand, the Torbela siblings aver that Banco
Filipino is not a mortgagee in good faith because as
l M 17 1967 h h d l d d early as May 17, 1967, they had already annotated
Cornelio's adverse claim dated May 16, 1967 and Dr.
R i ' D d f Ab l t Q it l i d t dD b Rosario's Deed of Absolute Quitclaim dated December
28, 1964 on TCT No. 52751 as Entry Nos. 274471-
274472 respectively 274472, respectively.
On the other hand, Banco Filipino asseverates that it is
amortgageeingoodfaithbecauseper Section70of a mortgagee in good faith because per Section 70 of
Presidential Decree No. 1529, otherwise known as the
PropertyRegistrationDecree thenotice of adverse Property Registration Decree, the notice of adverse
claim, registered on May 17, 1967 by the Torbela
siblingsunder EntryNos. 274471-274472onTCT No. siblings under Entry Nos. 274471 274472 on TCT No.
52751, already lapsed after 30 days or on June 16,
1967.
Wh th d S ti 110 f th L dR i t ti A t Whether under Section 110 of the Land Registration Act
or Section 70 of the Property Registration Decree, notice
of adverse claim can only be cancelled after a party in of adverse claim can only be cancelled after a party in
interest files a petition for cancellation before the RTC
wherein the property is located andtheRTC conductsa wherein the property is located, and the RTC conducts a
hearing and determines the said claim to be invalid or
unmeritorious. u e to ous.
Banco Filipino cannot be deemed a mortgagee in good
faith, muchlessapurchaser ingoodfaithat the faith, much less a purchaser in good faith at the
foreclosure sale of Lot No. 356-A. No petition for
cancellation has been filed and no hearing has been g
conducted herein to determine the validity or merit of the
adverse claim of the Torbela siblings.
H th i ht f th T b l ibli L t N Hence, the right of the Torbela siblings over Lot No.
356-A is superior over that of Banco Filipino; and as
thetrueownersof Lot No 356 A theTorbelasiblings the true owners of Lot No. 356-A, the Torbela siblings
are entitled to a reconveyance of said property even
from Banco Filipino from Banco Filipino.
Banco Filipino, however, is not left without any
recourseshouldtheforeclosureandsaleof thetwo recourse should the foreclosure and sale of the two
other mortgaged properties be insufficient to cover Dr.
Rosario'sloan, for thebankmaystill bringaproper suit Rosarios loan, for the bank may still bring a proper suit
against Dr. Rosario to collect the unpaid balance.
UnderArticle2085of theCivil Code oneof the Under Article 2085 of the Civil Code, one of the
essential requisites of the contract of mortgage is that
the mortgagor should be the absolute owner of the g g
property to be mortgaged; otherwise, the mortgage is
considered null and void. However, an exception to this
rule is the doctrine of "mortgagee in good faith." Under
this doctrine, even if the mortgagor is not the owner of
the mortgaged property, the mortgage contract and any
foreclosure sale arising therefrom are given effect by
f bli li Thi i i l i b d th reason of public policy. This principle is based on the
rule that all persons dealing with property covered by a
TorrensCertificateof Title asbuyersor mortgagees Torrens Certificate of Title, as buyers or mortgagees,
are not required to go beyond what appears on the face
of thetitle of the title.
This is the same rule that underlies the principle of
"innocent purchasersfor value" Theprevailing innocent purchasers for value. The prevailing
jurisprudence is that a mortgagee has a right to rely in
good faith on the certificate of title of the mortgagor to good faith on the certificate of title of the mortgagor to
the property given as security and in the absence of any
sign that might arouse suspicion, has no obligation to sign that might a ouse suspicion, has no obligation to
undertake further investigation. Hence, even if the
mortgagor is not the rightful owner of, or does not have g g g f f
a valid title to, the mortgaged property, the mortgagee
in good faith is, nonetheless, entitled to protection.
(Torbela v. Rosario, supra)
A deedof salewhichwasabsolutelysimulated is A deed of sale which was absolutely simulated is
null and void and does not convey any right that
couldripenintovalidtitle; therebeingnovalid could ripen into valid title; there being no valid
mortgage, there could be no valid foreclosure, and
thebankcannot beconsideredasamortgageein the bank cannot be considered as a mortgagee in
good faith.
h l d h h l d Where title was issued through regular proceedings
and was given as security for a bank loan, the
subsequent declaration of the title as null and void
is not a ground for nullifying the mortgage rights of
the bank. (St. Dominic Corp. V. IAC, 151 SCRA
577; Blanco v. Esquierdo, 110 Phil. 494)
Forgeddeedisanullity Forged deed is a nullity
Generally, a forged deed is a nullity and conveys
no title evenif accompaniedbytheowners no title, even if accompanied by the owner s
duplicate certificate of title. (J oaquin v. Madrid,
106Phil 1060) 106 Phil. 1060)
The registered owner does not lose his title, and
neither does the assignee or mortgagee acquire neither does the assignee or mortgagee acquire
any right to the property. (Bernalesv. Sambaan,
610SCRA 90) 610 SCRA 90)
The innocent purchaser for value protected by law
isonewhopurchasesatitledlandbyavirtueof a is one who purchases a titled land by a virtue of a
deed executed by the registered owner himself, not
byaforgeddeed by a forged deed.
But a forged deed may become the root of a valid
title
f dd d b h f lid i l A forged deed may become the root of a valid title
in a bona fide purchaser if the certificate has
f f f already been transferred from the name of the
true owner to the name of the forger or the
i i f d hil i name indicated by the forger, and while it
remained that way, the land was subsequently sold
i h f l (S li l to an innocent purchaser for value. (Solivel v.
Francisco, 170 SCRA 218)
F h h d h d h i h l h For then the vendee had the right to rely upon what
appeared in the certificate. (Guaranteed Homes v.
V ld 577SCRA 441) Valdez, 577 SCRA 441)
The right or lien of an innocent mortgagee for
valueuponthelandmortgagemust berespected value upon the land mortgage must be respected
and protected, even if the mortgagor obtained his
titlethroughfraud title through fraud.
The remedy of the persons prejudiced is to bring
an action for damages against those who caused
the fraud, and if the latter are insolvent, an action
against the Treasurer of the Philippines may be
filed for the recovery of damages against the y g g
Assurance Fund. (PNB v. CA and Chuy Kim Kit,
187 SCRA 735))
RECONVEYANCE RECONVEYANCE
It is an action in personam seeking to transfer
property wrongfully registered to its rightful
owner.
An action for reconveyance respects the decree
of registrationasincontrovertiblebut seeksthe of registration as incontrovertible but seeks the
transfer of property, which has been wrongfully
or erroneouslyregisteredinanother persons or erroneously registered in another persons
name, to its rightful owner or a person who has
b tt i ht Ald B l GR N 169336 a better right. Alde v. Bernal, GR No. 169336,
March 18, 2010; Ybaez v. IAC, 194 SCRA
793 G l IAC 157SCRA 587) 793; Gonzales v. IAC, 157SCRA 587)
R i i Requisites:
(a) action is brought by party in interest after
one year from issuance of decree;
(b) registration was procured through actual
fraud;
(c) the property has not yet passed to innocent ( ) p p y y p
purchaser for value.
A partymayfileanactionfor reconveyanceof the A party may file an action for reconveyance of the
property of which he has been illegally deprived
evenbeforetheissuanceof thedecree (Mun of even before the issuance of the decree. (Mun. of
Hagonoy v. Secretary, 73 SCRA 507)
Actionfor reconveyanceisanordinary action Action for reconveyance is an ordinary action
involving title to land, and should be filed in the
ordinary courts wherethelandor portionthereof ordinary courts where the land or portion thereof
is situated. (Sec. 1, Rule 4; Latorre v. Latorre, GR
N 183026 M h20 2010 R bli No. 183026, March 20, 2010; Republic v.
Mangatora, GR No. 170375, J uly 7, 2010)
The action is in personam and is binding only on
persons impleaded. (Ching v. CA, 181 SCRA 9) p p ( g , )
In civil actions involving title to or interest in
property jurisdictionrestswiththeRTC where property, jurisdiction rests with the RTC where
assessed value of the property exceeds P20,000
(or P50000inMetroManila) (or, P50,000 in Metro Manila).
An action for reconveyance has sometimes been
t t d ti t i i l treated as an action to quiet title.
Requisites for quieting of title
Plaintiff has a legal or equitable title or interest
intheproperty in the property
The deed, claim, encumbrance or proceeding
claimedtobecastingacloudonhistitlemust claimed to be casting a cloud on his title must
be shown to be invalid or inoperative despite its
i f i f lidit prima facie appearance of validity.
Q i i f i l ill i Quieting of title, illustration:
J ose who is an agent, in representation of Pedro,
ll h l h M i Th d d f l i sells the latters house to Mario. The deed of sale is
executed in a public instrument and there is no
i di ti th t th th it f th t i t i indication that the authority of the agent is not in
writing. The deed of sale appears to be valid and
ff ti it f effective on its face.
As the authority of J ose to sell is not in writing, the
l i id(A t 1874 CC) P d fil it sale is void (Art. 1874, CC). Pedro can file a suit
against the buyer Mario to quiet his title. (Pineda,
P t ) Property)
Prescription of action for reconveyance
Action based on fraud 4 years
Actionbasedonimpliedtrust 10 years Action based on implied trust 10 years
Action based on void contract imprescriptible
i i i l h l i iff i i Action to quiet title where plaintiff is in
possession imprescriptible (See Agcaoili,
Property Registration Decree, on prescription
and laches)
But laches may bar recovery. (Lucas v. Gamponia,
100Phil 277) 100 Phil. 277)
Elements of laches
Conduct of defendant giving rise to a situation of
which complaint is made and for which the
complainant seeks a remedy;
Delay in asserting complainants rights despite
opportunity to do so; pp y ;
Lack of knowledge or notice on the part of
defendant that complainant wouldassert hisright; defendant that complainant would assert his right;
and
Injuryor prejudicetodefendant if relief isaccorded Injury or prejudice to defendant if relief is accorded
complainant, or the suit is not held to be barred.
Illustrative cases of laches
Petitioners action to recover title and possession of
thedisputedlot wasmadeonlyafter 12yearsfrom the disputed lot was made only after 12 years from
the registration of the sale to defendant. (De la
Calzada-Cierrasv CA 212SCRA 390) Calzada-Cierrasv. CA, 212 SCRA 390)
The claimed owner of a lot failed to appear during
thecadastral proceedings andbrought actionto the cadastral proceedings, and brought action to
question the judgment only 10 years later.
(Gonzalesv Director of Lands 52Phil 895) (Gonzales v. Director of Lands, 52 Phil. 895)
Plaintiff did not present his claim against the estate
f h d d if b did l f l of the deceased wife but did so only four years later
against the widower. (Yapticov. Yulo, 57 Phil. 818)
ACTIONFOR DAMAGES ACTION FOR DAMAGES
After one year from the issuance of the decree, the
l d f h i d i sole remedy of the aggrieved party is not to set
aside the decree but, respecting it as
incontrovertible and no longer open to review, to
bring an ordinary action in the ordinary court for
reconveyance. But if the property has passed into
the hands of an innocent purchaser for value, the p ,
remedy is an action for damages. (Gonzales v.
IAC, 157SCRA 587) IAC, 157 SCRA 587)
Action for damages must be brought within 10
years fromissuanceof thequestionedcertificate years from issuance of the questioned certificate
of title. (Art.1144, CC)
ACTIONFOR REVERSION ACTION FOR REVERSION
Reversion is an action filed by the government,
through the Office of the Solicitor General, to
restore public land fraudulently awarded and
disposed of to private individuals or
corporations to the mass of the public domain. p p
(Yujuico v. Republic, GR No. 168661, Oct. 26,
2007, citingAgcaoili, Property Registration 2007, citing Agcaoili, Property Registration
Decree)
G d ll h l d f th bli Grounds: all cases where lands of the public
domain are held in violation of the Constitution
Groundsfor reversionunder thePublicLandAct Grounds for reversion under the Public Land Act
Alienations of land acquired under the free
patent or homestead provisions in violation of
Sec. 118, CA No. 141
Conveyances made by non-Christians in
violationof Sec 120 violation of Sec. 120
Alienations of lands acquired under CA No. 141
i f f t lifi d d S in favor of persons not qualified under Secs.
121, 122 and 123
Only the Solicitor General may file an action
for reversion.
Statenot boundbyprescription State not bound by prescription
Under Sec. 91 of the Public Land Act (CA No.
141) h LMB Di h i i h i 141), the LMB Director has continuing authority
to conduct investigation to determine whether or
not public land has been fraudulently awarded or
titled to the end that the corresponding certificate
of title be cancelled and the land reverted to the
mass public domain. (Piero v. Director of Lands,
57 SCRA 386)
The indefeasibility of a title is not a bar to an y
investigation by the State as to how such title has
been acquired. (Cavile v. Litania-Hong, 581 q ( g,
SCRA 408)
But wherethetitleof aninnocent purchaser for But where the title of an innocent purchaser for
value was sought to be cancelled, it was held that
it isonlyfair andreasonabletoapplytheequitable it is only fair and reasonable to apply the equitable
principle of estoppel by laches against the
government andalsotheprincipleof res judicata government, and also the principle of res judicata.
(Yujuico v. Republic, GR No. 168661, Oct. 26,
2007) 2007)
Neither may the titleholder be made to bear the
unfavorableeffect of themistakeor negligenceof unfavorable effect of the mistake or negligence of
the States agents (in approving the subdivision
plan) intheabsenceof proof of complicityina plan) in the absence of proof of complicity in a
fraud or of manifest damage to third persons.
(Republicv CA andSantos 301SCRA 366) (Republic v. CA and Santos, 301 SCRA 366)
Reversion suits were originally filed with the RTC
to annul titles or patents administratively issued by p y y
the LMB.
But withtheeffectivityof BPBlg 129whichgave But with the effectivity of BP Blg. 129 which gave
the Intermediate Appellate Court (now Court of
Appeals) jurisdictionover actionsfor annulment Appeals) jurisdiction over actions for annulment
judgments of RTCs, the Rules of Court
promulgatedonJ uly1 1997incorporatedRule47 promulgated on J uly 1, 1997 incorporated Rule 47
on annulment of judgments or final orders of the
RTCs RTCs.
The two grounds for annulment under Sec. 2, Rule
47 t i i f d dl k f j i di ti 47 are: extrinsic fraud and lack of jurisdiction.
ACTIONFOR CANCELLATION OF TITLE ACTION FOR CANCELLATION OF TITLE
It is an action initiated by a private party usually
inacasewheretwotitlesareissuedfor thesame in a case where two titles are issued for the same
lot.
Wheretwotitlesareissuedfor thesamelot the Where two titles are issued for the same lot, the
earlier in date prevails. (Pajomayo v. Manipon, 39
SCRA 676) SCRA 676)
Land does not revert to the State but is declared as
lawfullybelongingtothepartywhosetitleis lawfully belonging to the party whose title is
superior over the other.
But theStateisvestedwithpersonalitytofilethis But the State is vested with personality to file this
action to protect public interest and safeguard the
AssuranceFund Assurance Fund
RECOVERY OF DAMAGES FROM THE
ASSURANCE FUND
A personwhosustainslossor damage, or is A person who sustains loss or damage, or is
deprived of any land or interest therein by the
operationof theTorrenssystemafter original operation of the Torrens system after original
registration, without negligence on his part, is
entitledtorecover damagesfromtheAssurance entitled to recover damages from the Assurance
Fund. (Sec. 95, PD No. 1529)
Bur the plaintiff who holds a certificate of title
must be an innocent purchaser for value.
The action must be brought within 6 years from
thetimeright of actionaccrues the time right of action accrues
R i i f Requisites for recovery
As to person deprived of any land or interest in the
land:
No negligence on his part; g g p ;
He was deprived of land or interest therein by
theregistrationbyanyother personasowner of the registration by any other person as owner of
such land; or by mistake , omission or
misdescriptioninanyownersduplicate misdescription in any owner s duplicate
certificate, or in any memorandum in the register,
or byanycancellation; and or by any cancellation; and
He is barred from bringing an action for the
recoveryof suchlandor interest therein recovery of such land or interest therein.
D f d i i i h AF Defendants in an action against the AF
The Register of Deeds and National Treasurer -
when the action is for recovery for loss or damage
of for deprivation of land or interest therein through
fraud, negligence, omission, mistake or
misfeasance of the court personnel, the RD or
employees of the registry;
The Register of Deeds, the National Treasurer and g f ,
other persons for loss or damage or deprivation
of land or interest therein through fraud, g ,
negligence, mistake or misfeasance of persons
other than court personnel, the RD or employees of p , p y
the registry.
Th l i iff b h d The plaintiff must be the registered owner, or as to
holders of transfer certificates of title, that they are
innocent purchasers in good faith and for value.
Action does not lie where the damage or g
deprivation of any right or interest in the land was
caused by a breach of trust, express or implied. y f , p p
The person who claims damages should not have
beennegligent inacquiringthepropertyor in been negligent in acquiring the property or in
obtaining registration thereof in his name (as where
heisawareof anoticeof lis pendens affectingthe he is aware of a notice of lis pendens affecting the
property)
Illustrativecases Illustrative cases
National Treasurer v. Perez (131 SCRA 264)
where respondent could not be awarded damages
since the donation to him was not executed with
the formalities of a will and therefore could not
have transferred to him ownership of the property.
Treasurer of the Philippines v. CA (153 SCRA
3590) whererespondentsacquirednolandor 3590) where respondents acquired no land or
any interest in the land as a result of the invalid
saletothembytheimpostor LawaanLopez who sale to them by the impostor Lawaan Lopez who
had no title or interest to transfer.
Illustrativecases Illustrative cases
La Urbana v. Bernardo (62 Phil. 790) where,
having knowledge of the pending litigation and
notice of lis pendens affecting the land, it
nevertheless proceeded to take the risk of
purchasing property in litigation. p gp p y g
Fraginal v. Paraal (516 SCA 530) where
propertysoldtopetitioner wasaprimeland property sold to petitioner was a prime land
which has been the subject of successive
t f ith l h t hi h h ld transfers with unusual haste which should
have triggered petitioners curiosity.
ANULMENT OF J UDGMENT
Thisis anextraordinary remedyfiledwiththe This is an extraordinary remedy filed with the
Court of Appeals under Rule 47 of the Rules of
Court wheretheordinaryremediesof newtrial Court, where the ordinary remedies of new trial,
appeal, petition for relief or other appropriate
remediesarenolonger availablethroughno remedies are no longer available through no
fault of the petitioner.
J udgments or orders of quasi-judicial bodies,
e.g., NLRC or DARAB, are not covered by
petitions for annulment.
(a) action is based on extrinsic fraud, filed within
four years from discovery;
(b) lack of jurisdiction over the person of the ( ) f j p
defendant/respondent or over the subject matter of
the action.
o If based on lack of jurisdiction, petitioner need
not allegethat theordinaryremediesof new not allege that the ordinary remedies of new
trial or appeal are no longer available through
nofault of his no fault of his.
o Aanother remedy is certiorari under Rule 65
wheretheCourt of AppealsandSupremeCourt where the Court of Appeals and Supreme Court
have concurrent jurisdiction.
Lack of jurisdiction, illustrative case
Camitan v. Fidelity Investment (551 SCRA 540) y ( )
where the owners duplicate has not been lost but is
in fact existing, the reconstituted title is null and g
void since the court never acquired jurisdiction
over the petition for reconstitution. p
If the petition is based on extrinsic fraud, the
remedy is subject to a condition precedent, i.e., that y j p , ,
the ordinary remedies of new trial, appeal, petition
fort relief are no longer available through no fault g g
of petitioner.
The judgment of the CA shall set aside the j g
questioned judgment, without prejudice to the
original action being refiled in the proper court. g g p p
However, where the judgment or final order is
set asideonthegroundof extrinsicfraud the set aside on the ground of extrinsic fraud, the
CA may, on motion, order the trial court to try
th if ti l ti f t i l h d the case as if a timely motion for new trial had
been granted therein. (Sec. 7, Rule 47)
CRIMINAL PROSECUTION
The State may criminally prosecute for perjury the
partywhoobtainsregistrationthroughfraud, such party who obtains registration through fraud, such
as by stating false assertions in the application for
registration, sworn answer, or application for g , , pp
public land patent.
Sec. 91of thePLA providesthat thestatements Sec. 91 of the PLA provides that the statements
made in the application shall b considered as
essential conditions and parts of any concession, p y
title, or permit issued on the basis of such
application, and any false statement therein or
i i f f h ll f d h omission of facts x x x shall ipso facto produce the
cancellation of the concession, title, or permit
granted granted.
CERTIFICATE OF TITLE CERTIFICATE OF TITLE
Issuance of decree and cetificate of title
Within 15 days from entry of the judgment, the court
shall issueanorder directingtheLRAAdministrator to shall issue an order directing the LRA Administrator to
issue the decree of registration and certificate of title.
The original certificate of title, signed by him, shall be g , g y ,
a true copy of the decree, and shall be sent, together
with the owners duplicate, to the Register of Deeds of
the city or province where the land lies. (Sec. 39, PD
1529)
The certificate is an indefeasible evidence of
ownership of the person whose name appears therein.
(Panganiban v. Dayrit, 464 SCRA 370).
GENERAL INCIDENTSOF GENERAL INCIDENTS OF
REGISTERED LAND
Every registered owner receiving a certificate of title
in pursuance of a decree of registration, and every
subsequent purchaser of registered land taking a
certificate of title for value and in good faith, shall g ,
hold the same free from all encumbrances except
thosenotedinsaidcertificate (Sec 44 PDNo those noted in said certificate. (Sec. 44, PD No.
1529)
Thephraseinnocent purchaser for value includesan The phrase innocent purchaser for value includes an
innocent lessee, mortgagee, or other encumbrancer for
l (U h CA 161SCRA 710) value. (Unchuanv. CA, 161 SCRA 710)
Registered land shall not be subject prescription.
(Sec. 47, PD No. 1529) (S , )
No one may acquire title to land from the
registeredowner byadverse openandnotorious registered owner by adverse, open and notorious
possession.
P i i i ili l i h Prescription is unavailing not only against the
registered owner but also his heirs.
The registration of a mortgage does not make an
action for foreclosure imprescriptible. p p
But the registered owner may be barred from
recoveringpossessionthroughlaches recovering possession through laches.
Ill i Illustrative cases
Eugenio v. Perdido (97 Phil.41) where it was
held that as to lands registered under the Torrens
system, adverse possession for ten years may not y , p y y
defeat the owners right of possession which is a
necessary incident of ownership. y p
Miguel v. Catalino (26 SCA 234) where
appellantspassivityandinactionfor morethan appellant s passivity and inaction for more than
34 years justified the appelleein setting up the
equitabledefenseof laches equitable defenseof laches.
Certificateof titlenot subject tocollateral attack Certificate of title not subject to collateral attack.
A certificate of title cannot be altered, modified or
cancelledexcept inadirect proceeding filedwith cancelled except in adirect proceeding filed with
the RTC (Sec. 48, PD 1529; Manotok v. Barque,
582SCRA 583) 582 SCRA 583)
Direct attack: when the object of the action is to
annul or set asidethejudgment or enjoinits annul or set aside the judgment, or enjoin its
enforcement.
Collateral attack: inanactiontoobtainadifferent Collateral attack: in an action to obtain a different
relief, an attack on the judgment is nevertheless
madeasanincident thereto made as an incident thereto.
A direct attack on title is proper in a counterclaim
(Leysonv Bontuyan 452SCRA 94) (Leyson v. Bontuyan, 452 SCRA 94).
Illustrativecases Illustrative cases
Director of Lands v. Gan Tan (89 Phil. 184) -
h th d i i f th l t d i where the decision of the lower court denying
reconstitution because petitioner is allegedly an
li d th S C t h ldi th t alien was reversed, the Supreme Court holding that
the issue is a collateral attack on the title and should
b i d l di t ti be raised only a direct action.
Oo v. Lim (614 SCRA 514) where it was held
that there is no collateral attack when respondent
asserted that the title in the name of petitioners
predecessor had become inoperative due to the
prior conveyance of the land in favor of
d h respondents mother.
ADVERSE CLAIM ADVERSE CLAIM
A personwhoclaimsaninterest inregisteredland A person who claims an interest in registered land
adverse to the registered owner may make a statement
under oathsettingforthhisallegedright or interest under oath setting forth his alleged right or interest
and how acquired, the number of the certificate of
title nameof theregisteredowner andadescriptionof title, name of the registered owner and a description of
the land.
Thestatement shall beregisteredasanadverseclaim The statement shall be registered as an adverse claim
and shall be effective for 30 days.
Th t ti b ll d th fili f The annotation may be cancelled upon the filing a of a
verified petition by the party in interest. (Sec. 70, PD
1529) 1529)
Anadverse claim isdesignedtoprotect theright or An adverse claim is designed to protect the right or
interest of a person over a piece of real property
and to apprise third parties that there is controversy pp p y
over the land.
An adverse claim based on prescription and adverse
possession cannot be registered because, under Sec. 47,
no title to registered land shall be acquired by
i i d i prescription or adverse possession.
A sale of land may not be annotated as an adverse
claimbeca sethela prescribestheremed of claim because the law prescribes the remedy of
registration of the sale and the issuance to the vendee of
atransfer certificateof title (RDv Nicandro 111Phil a transfer certificate of title. (RD v. Nicandro, 111 Phil.
989; Sec. 57, PD 1529)
A notice of levy and subsequent sale of property
cannot prevail over an existing adverse claim p g
earlier inscribed on the certificate of title covering
it (Martinez v Garcia 611SCRA 537) it. (Martinez v. Garcia, 611 SCRA 537)
The Register of Deeds cannot unilaterally cancel
theadverseclaimTheremust beahearingfor the the adverse claim. There must be a hearing for the
purpose. This is in line with the provision that
after cancellation nosecondadverseclaimshall after cancellation, no second adverse claim shall
be registered by the same claimant. (Sanjonas v.
CA 258SCRA 79) CA, 258 SCRA 79)
Adverseclaimisproper wherethereisnoother Adverse claim is proper where there is no other
provision of law for the registration of claimants
ll d i ht i t t i th t alleged right or interest in the property.
A notice of levy cannot prevail over an existing
adverse claim inscribed in the certificate of title.
A claim which arose prior to the date of the original p g
registration cannot be entered as adverse claim.
Wheretheclaimisbasedonaperfectedcontract of Where the claim is based on a perfected contract of
sale by the owner of the land, the procedure is to
register thecontract sothat anewtransfer register the contract so that a new transfer
cerrtificate of title is issued to the vendee-claimant.
(Sec 57 PDNo 1529) (Sec. 57, PD No. 1529)
A leaseof landwhichcouldnot beregistered A lease of land which could not be registered
because the owners duplicate certificate of title
isnot surrenderedmayberegisteredasadverse is not surrendered may be registered as adverse
claim.
An adverse claim is effective for thirty days; but
it is not ipso facto cancelled after said period - a
separate petition is necessary. (Sajonas v. Court
of Appeals, GR No. 102377, J uly 5, 1996) pp , , y , )
The adverse claim may be cancelled if it is
frivolous or vexatious inwhichcasedamages frivolous or vexatious, in which case damages
may be adjudged against the adverse claimant.
NOTICE OF LISPENDENS NOTICE OF LIS PENDENS
Literally lis pendens meansapendingsuit It refersto Literally, lis pendens means a pending suit. It refers to
the jurisdiction, power or control which a court
acquiresover propertyinvolvedinasuit pendingthe acquires over property involved in a suit, pending the
continuance of the action, and until final judgment.
Theinscriptionservesawarningthat onewho The inscription serves a warning that one who
acquires an interest in litigated land does so at his own
risk andissubject totheoutcomeof thelitigation risk, and is subject to the outcome of the litigation.
It is not required that the notice be also inscribed on
th h i ll il bl the owners copy as such copy is usually unavailable
to the registrant
Purpose:
(a) to protect the rights of the party causing ( ) p g p y g
registration, and
(b) toadvisethirdpersonsthat theydeal withthe (b) to advise third persons that they deal with the
property subject to the result of the case
A noticeof li d neither affectsthemerits A notice of lis pendens neither affects the merits
of the case nor creates a right or lien.
Cancellation is proper when filed to molest
adverse party or is not necessary to protect the p y y p
rights of the person causing registration.
Lis pendens is proper in the following cases:
Actiontorecover possessionof property; Action to recover possession of property;
Action to quiet title thereto;
Actiontoremovecloudsthereon; Action to remove clouds thereon;
Action for partition; and
Anyother proceedingsincourt directlyaffecting Any other proceedings in court directly affecting
the title to the land or the use or occupation
thereof or the buildings thereon. g
The notice need not be annotated on the owners
duplicate certificate of title because the notice is an p
involuntary transaction. Entry in the day book is
sufficient. (Yu v. CA, 251 SCRA 509)
AMENDMENTANDALTERATIONOF AMENDMENT AND ALTERATION OF
CERTIFICATES
No erasure, alteration, or amendment, shall be
made upon the registration book after the entry of a
certificate of title or of a memorandum thereon
except by order of the proper Regional Trial Court.
(Sec. 108, PD 1529)
No amendment or alteration shall be made except
upon order of the court. (Cuyugan v. Sy Quia, 24
Phil. A567)
The petition shall be filed in the original case in
which the decree was entered. (OCA v. Matas, 247 w c t edec eewase teed. (OC v. atas, 7
SCRA 9)
Grounds for amendment
That registeredinterestshaveterminated; That registered interests have terminated;
That new interests have been created;
That an omission or error was made in entering
a certificate or any memorandum thereon; y
That the registered owner has married, or that
themarriagehasbeenterminated; the marriage has been terminated;
That a corporation which owned registered land
h b di l d has been dissolved;
Upon any other reasonable ground.
Under Sec 108 inrelationtoSec 2 PDNo 1529 Under Sec. 108, in relation to Sec. 2, PD No. 1529,
the court may now hear both contentions and non-
contentiouscases contentious cases.
Thus, the court has jurisdiction over a petition for
ll i f b d i d cancellation of encumbrances despite respondents
contention that the issue is controversial. (PNB v.
I i l C B k 199SCRA 508) International Corporate Bank, 199 SCRA 508).
The court can compel petitioner to surrender his
owners duplicate certificate so that a new title may be
issued to the INK despite his argument that the case
involved the registrability of the document. (Ligon
v. CA, 244 SCA 693)
REPLACEMENT OF LOST OR
DESTROYED CERTIFICATE
Upon petition of the registered owner or person
ininterest thecourt may after noticeand in interest, the court may, after notice and
hearing, direct the issuance of a new duplicate
certificatewhichshall inall respectsbeentitled certificate which shall in all respects be entitled
to like faith and credit as the original duplicate.
(Sec 109 PDNo 1529) (Sec. 109, PD No. 1529)
Where the owners duplicate copy is not in fact
lost or destroyed apetitionfor thepurposeis lost or destroyed, a petition for the purpose is
unwarranted as the court has no jurisdiction over
thepetition the petition
Procedure Procedure
The registered owner or person in interest shall
sendnotice under oath of thelossor send notice, under oath, of the loss or
destruction of the owners duplicate certificate
totheRegister of Deeds; and to the Register of Deeds; and
The corresponding petition for the replacement
of thelost or destroyedcertificateshall thenbe of the lost or destroyed certificate shall then be
filed in court and entitled in the original case in
whichthedecreeof registrationwasentered which the decree of registration was entered.
Unlike in a petition for reconstitution, there is no
requirement for the publication of thepetitionfor requirement for the publication of the petition for
replacement of a lost or destroyed certificate .
RECONSTITUTIONOF LOST OR RECONSTITUTION OF LOST OR
DESTROYED ORIGINAL CERTIFICATE
El t f R tit ti Elements of Reconstitution:
Certificate of title has been lost or destroyed;
Petitioner is the registered owner or person
who has an interest therein (the RD is only a ( y
nominal party); and
Certificateof titlewasinforceat thetimeit Certificate of title was in force at the time it
was lost or destroyed.(Sec. 110, PD No. 1529)
Thepetitionshall befiledwiththeRTC of the The petition shall be filed with the RTC of the
province or city where the land lies. (Sec. 12,
RA No 26) RA No. 26)
J di i l i i k f l d Judicial reconstitution partakes of a land
registration proceeding and is subject to the
jurisdictional requirements of publication, mailing
and posting.
Reconstitution denotes restoration of the
certificate in its original form and condition. g
(Republic v. Tuastumban, 586 SCRA 600)
Wherethereexistsapreviouslyissuedtitlewhich Where there exists a previously issued title which
is allegedly fraudulent, the remedy isto first
directly assail thevaliditythereof beforethe directly assail the validity thereof before the
proper court. (Manotok v. Barque, 574 SCRA
468) 468)
Administrtative reconstitution of lost or Administrtative reconstitution of lost or
destroyed certificates is governed by RA 6732.
I i il bl i f b i l l It is available in case of substantial loss or
destruction of land titles due fire, flood or
other force majeure.
Requirements: q
Number of certificates lost or damaged is at
least 10%of thetotal number inpossession least 10% of the total number in possession
of the RD.
In no case shall be number of certificates be
less than 500.
Sources of reconstitution
S 2 RA N 26 f i i f Sec. 2, RA No. 26 - for reconstitution of an
original certificate of title
Sec. 3, RA No. 26 for reconstitution of a
transfer certificate of title. f
Any other document as a source of
reconstitutionreferstodocumentssimilar tothose reconstitution refers to documents similar to those
previously enumerated in the law under the
principleof ejusdem generis (Republicv IAC principle of ejusdem generis. (Republic v. IAC
and Kiram, 157 SCRA 62
CONSULTA CONSULTA
When the Register of Deeds is in doubt as to what
action should be taken on an instrument presented
for registration, or where ay party does not agree g yp y g
with the action taken by the Register of Deeds, the
question shall be elevated to the LRA q
Administrator via en consulta for determination.
(Sec. 117, PD 1529) ( , )
The consulta shall be cancelled (a) upon final
resolution of thecasebytheLRAAdministrator resolution of the case by the LRA Administrator,
or (b) if the consulta is withdrawn by the
petitioner petitioner.
The ruling of the LRA shall be conclusive and
binding on all RDs, without prejudice to an appeal g , p j pp
to the Court of Appeals.
A party who does not agree with the action taken by p y g y
the LRA is to appeal to the CA, via Rule 43 - and
not bycertiorari or prohibition- within15daysfrom not by certiorari or prohibition within 15 days from
notice of the decision or resolution. (Calalang v. RD
of QC 231SCRA 88) of QC, 231 SCRA 88)
The administrative remedy must be resorted to by
petitioner beforehecanhaverecoursetothecourts petitioner before he can have recourse to the courts.
(Almirol v. RD of QC, 22 SCRA 1152)
Thankyouandgoodday! Thank you and good day!
J usticeOswaldoD. Agcaoili J ustice OswaldoD. Agcaoili
Philja, Supreme Court
MORTGAGESANDLEASES MORTGAGES AND LEASES
The mortgagor must be the owner of the
t t d property mortgaged.
A mortgage lien is a right in rem which follows
property.
A noticeof lis pendens cannot prejudice A notice of lis pendens cannot prejudice
mortgage previously registered.
A t i i lid i th h d f A mortgage is invalid even in the hands of an
innocent mortgagee where the title covers non-
registrable land. (LBP v. Republic,543 SCRA
453)
Where the certificate of title is in the name of the
mortgagor when the land is mortgaged, the g g g g ,
mortgagee has the right to rely on what appears on
thecertificateof title (Gonzales v IAC GR No the certificate of title. (Gonzales v. IAC, GR No.
69622, J an. 29, 1988)
Th i ht li f i t t f The right or lien of an innocent mortgagee for
value upon the land mortgaged must be respected
d d if h b i dhi and protected, even if the mortgagor obtained his
title thereto thru fraud. (Blanco v. Esquierdo, GR
No. L-15182,Dec. 29, 1960).
Alth hA t 2085 CC i th t th t Although Art. 2085, CC, requires that the mortgagor
must be the owner of the mortgaged property, the
subsequent declarationthat thetitleisnull andvoidis subsequent declaration that the title is null and void is
not a ground for nullifying the mortgage right of the
mortgagee. (Rural Bank of Sariayav. Yacon, 175 o gagee. ( u a a o Sa ayav. aco , 75
SCRA 62)
The right or lien of an innocent mortgagee must be g g g
respected, even if the mortgagor obtained his title
thereto through fraud.
The remedy of the person prejudiced is against those
who caused the fraud, or if insolvent, an action for
recovery of damages against the AF. (Blanco v.
Esquierdo, 110 Phil. 494)
Effect of aforgeddeedof mortgage Effect of a forged deed of mortgage
A forged power of attorney is without force and
ff t dth t tit t db i t effect, and the mortgage constituted by virtue
thereof is also null and void and could not
j di h i h f h i d prejudice the rights of the registered owner.
(Veloso v. La Urbana, a58Phil. 681)
An absolutely simulated contract of sale is void
and transfers no ownership right; hence, the p g
purported buyer, not being the owner, cannot
validly mortgage the property and neither does y g g p p y
the buyer at foreclosure sale acquire any title
thereto. (Cruz v. Bancom, 379 SCRA 490) ( , )
Writ of Possession
i d b hi h h h iff i d d It is an order by which the sheriff is commanded
to place a person in possession of property
Issuance of the writ is ex parte, summary and
andministerial, unlessathirdpartyisinadverse and ministerial, unless a third party is in adverse
possession or is not a privy to the debtor
Order grantingwrit of possessionisfinal and Order granting writ of possession is final and
can only be questioned on appeal
REGISTRATION VIA ISSUANCE OF
PUBLIC LAND PATENTS
Registration of Patents
Publiclandssuitablefor agriculturecanbe Public lands suitable for agriculture can be
disposed of by (a) homestead, (b) sale, (c) lease,
and(d) confirmationof imperfect or incomplete and (d) confirmation of imperfect or incomplete
titles by (1) judicial legalization or (2)
administrativelegalization(freepatent) administrative legalization (free patent)
Public land patents when duly registered are
veritableTorrenstitles entitledtoall the veritable Torrens titles, entitled to all the
safeguards relative thereto
Homestead patent
Any citizen of the Philippines may apply for a y y y
homestead of not exceeding 12 hectares.
The applicant must have cultivated and pp
improved at least one-fifth of the land and
resided in the municipality (or adjacent p y( j
municipality) where the land is located for at
least one year.
Once the applicant has complied with all the
conditions essential to a government grant, he g g ,
acquires not only a right to a grant but a grant of
the land from the government. g
S l Sales patent
A Filipino citizen or lawful age or the head of a
family may apply for the purchase of an
agricultural public land not to exceed 12 g p
hectares.
Thelandshall besoldthroughpublicbidding The land shall be sold through public bidding,
and the land awarded to the highest bidder.
Th h i b idi f ll i 10 The purchase price may be paid in full or in 10
installments.
The applicant must cultivate at least one-fifth of
the land within 5 years from the date of award.
Direct sale (RA No. 730)
RA No 730permitstheprivatesaleof not more RA No. 730 permits the private sale of not more
than 1,000 square meters for residential purposes.
Theapplicant: The applicant:
Is a Filipino citizen;
I h f h l i h i Is not the owner of a home lot in the city or
municipality;
Has established in good faith his residence on
land not needed for public service;
Has constructed his house and actually resided
therein.
Free patent
Applicant isanatural borncitizenwhoisnot Applicant is a natural-born citizen who is not
the owner of not more than 12 hectares of
i lt l bli l d agricultural public land.
He has occupied and cultivated the land for at
least 30 years, by himself of his predecessors-
in-interest;
He has paid the real estate taxes while the same
hasnot beenoccupiedbyanyother person has not been occupied by any other person.
ISSUANCE OF FREE PATENT TO RESIDENTIAL
LANDS (RA NO. 10023)
Requirements for a residential free patent:
Applicant must be a Filipino citizen pp p
In actual occupation, residence and
continuous possession and occupation of a co t uouspossesso a doccupat o o a
residential land
Identifiedandzonedthroughanordinanceand Identified and zoned through an ordinance and
not needed for public use or public service
For at least 10yearsprior tothefilingof the For at least 10 years prior to the filing of the
application
A li i i Area limitation:
Highly urbanized cities 200 sq. m. g y q
Other cities 500 sq. m.
1
st
and2
nd
classm nicipalities 750sq m 1
st
and 2
nd
class municipalities 750 sq. m.
Other municipalities 1,000 sq. m.
Requirementsfor application: Requirements for application:
Approved plan and technical description
Affidavit of two (2) witnesses confirming
possession of applicant for at least 10 years p pp y
Special patents
A special patent is issued upon the promulgation p p p p g
of a special law or act of Congress or by the
DENR Secretary as authorized by an EO of the y y
President.
Example: FreedomIslandsintheManilaBayarea Example: Freedom Islands in the Manila Bay area
to which TCTs were issued to PEA.
However thelandssotitledshall not bedisposed However, the lands so titled shall not be disposed
unless with the approval of Congress if owned by
thenational agency or bythesanggunian the national agency, or by the sanggunian
concerned through an approved ordinance if
ownedbyLGUS owned by LGUS.
Prohibited Alienations
Sec 118of CA 141proscribesthealienationor Sec. 118 of CA 141 proscribes the alienation or
encumbrance of land acquired under a free
patent or homesteadpatent within5yearsfrom patent or homestead patent within 5 years from
the grant of the patent. The policy is to give
t t l h t li ithhi f il patentee a place where to live with his family
After 5 years but before 25 years from the
issuance of the patent, a homestead may be
disposed of subject to the approval of the p j pp
DENR Secretary; but land covered by a free
patent maybedisposedof after 5years. patent may be disposed of after 5 years.
REGISTRATION UNDER SEC. 48(B) OF
THE PUBLC LANDACT (CA NO. 141) THE PUBLC LAND ACT (CA NO. 141)
Sec. 48. x xx(b) Those who by themselves or
throughtheir predecessorsininterest havebeenin through their predecessors in interest have been in
open, continuous, exclusive, and notorious
possession and occupation of alienable and
di bl l d f h bli d i d b disposable lands of the public domain, under a bona
fide claim of acquisition of ownership;, since J une
12 1945 except whenpreventedbywar or force 12, 1945, except when prevented by war or force
majeure. These shall be conclusively presumed to
have performed all the conditions essential to a p
Government grant and shall be entitled to a
certificate of title under provisions of this chapter.
There are no material differences between Sec.
14(1) f PDN 1529 dS 48(b) f CA N 14(1) of PD No. 1529 and Sec. 48(b) of CA No.
141.
While the Public Land Act (PLA) refers to
agricultural lands of the public domain and the
Property Registration Decree (PRD) refers to
alienable and disposable lands of the public
domain, the subject lands are of the same type
since under the Constitution, alienable lands of
the public domain shall be limited to
agricultural lands.
Sec. 48(b), CA 141, as amended by PD 1073,
requires possession since June 12, 1945, or
prior thereto
But land need be classified as A and D land at
the time of the filing of the application for the time of the filing of the application for
registration ( Malabanan vs. Court of Appeals,
GR No 179987 April 29 2009) GR No. 179987, April 29, 2009)
When the conditions specified in Sec. 48(b) of the
PLA arecompliedwith thepossessor isdeemed PLA are complied with, the possessor is deemed
to have acquired, by operation of law, a right to a
t ith t th it f tifi t f titl grant, without the necessity of a certificate of title
being issued.
Compliance with all requirements for a
government grant ipso jure converts land to g g p j
private property.
Thelandceasestobeof thepublicdomainand The land ceases to be of the public domain and
beyond the authority of the DENR to dispose of.
R i i d S 48(b) f h PLA Registration under Sec. 48(b) of the PLA
presumes that the land was originally public
agricultural land but because of adverse
possession since J une 12, 1945, the land has
become private.
A certificateof titleisvoid whenit coversnon- A certificate of title is void when it covers non
registrable lands (e.g., forest or timber or mineral
lands) lands).
Any title issued on non-disposable lots even in the
h d f ll d h f l hands of an alleged innocent purchaser for value,
shall be cancelled.
REGISTRATION UNDER THE
INDIGENOUSPEOPLESRIGHTSACT INDIGENOUS PEOPLES RIGHTS ACT
Constitutional provisions
TheStaterecognizesandpromotestherightsof The State recognizes and promotes the rights of
indigenous cultural communities within the
frameworkof national unityanddevelopment framework of national unity and development.
(Sec. 2 Art. II)
The State, subject to the provisions of this
Constitution and national development policies
and programs shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-
being. being.
The Congress may provide for the applicability of
t l i t i ht customary law governing property rights or
relations in determining the ownership and extent
f l d i of ancestral domain.
Indigenousconcept of ownership Indigenous concept of ownership
The IPRA recognizes the existence of the
i di l l i i i di indigenous cultural communities or indigenous
peoples (ICCs/IPs) as a distinct sector in
Philippine Society.
It grants these people the ownership and g p p p
possession of their ancestral domains and
ancestral lands anddefinestheextent of these ancestral lands, and defines the extent of these
lands and domains.
Th hi i i th i di t The ownership given is the indigenous concept
of ownership under customary law which traces
i i i l its origin to native title.
A l l d /d i d d f h Ancestral lands/domains are not deemed part of the
lands of the public domain but are private lands
belonging to ICCs/IPs who have actually occupied,
possessed and utilized their territories under claim
of ownership since time immemorial.
Native title refers to pre-conquest rights which, as p q g ,
far back as memory reaches, have been held under
claim of private ownership by ICCs/IPs, have never p p y ,
been public lands and are thus indisputably
presumedtohavebeenheldthat waysincebefore presumed to have been held that way since before
the Spanish Conquest.
The National Commission on Indigenous Peoples
(NCIP) hastheauthoritytoissuer certificatesof (NCIP) has the authority to issuer certificates of
ancestral domain title (CADT) or certificates of
t l l dtitl (CALT) ancestral land title (CALT).
The recording of CADT and CALT in the Office
of the Register of Deeds does not result in the
issuance of Torrens certificate of title.
The purpose of registration is simply to apprise
thepublicof thefact of recognitionbytheNCIP the public of the fact of recognition by the NCIP
of specific claims to portions of the ancestral
domainsor ancestral lands domains or ancestral lands.
Modes of acquisition
Therightsof ICCsIPstotheir ancestral domains The rights of ICCsIPs to their ancestral domains
and ancestral lands may be acquired in two
modes: modes:
By native title over both ancestral lands and
domains; or
By Torrens title under the Public Land Act (CA y (
No. 141) of the Property Registration Decree
(PDNo 1529) withrespect toancestral lands (PD No. 1529) with respect to ancestral lands
only.
Requirements for registration
Th li i b f i di The applicant is a member of an indigenous
cultural group;
He must have been in possession of an
individually-owned ancestral land for not less y
than thirty (30) years;
Byoperationof law thelandisalready By operation of law, the land is already
classified as A and D, even if it has a slope of
18% h th i dt b it 18% or over, hence, there is no need to submit a
separate certification that the land is A and D.
Transfer of land or property rights
Therightsof ownershipover ancestral lands may The rights of ownership over ancestral lands may
be transferred subject to the following limitations:
Onlytomembersof thesameICCs/IPs; Only to members of the same ICCs/IPs;
In accord with customary laws and traditions; and
S bj t t th i ht f d ti f i d f Subject to the right of redemption for a period of
fifteen (15) years if the land was transferred to a
non member non-member.
Ancestral domains belong to all generations and
th f t b ld di d d t d therefore cannot be sold, disposed or destroyed.
CADASTRAL PROCEEDINGS CADASTRAL PROCEEDINGS
Thepurposeistoservethepublicinterest by The purpose is to serve the public interest by
requiring that the titles to any unregistered
lands be settled and adjudicated. j
The government initiates the proceeding so
that all privatelandsinthetownareregistered that all private lands in the town are registered
in one single proceeding.
Government surveyorsgiveadvancenoticeto Government surveyors give advance notice to
survey claimants of date of survey to afford
themtoindicatetheir claimsduringthe them to indicate their claims during the
survey.
After survey, the government files the petition
i h h h ll l i d with the RTC so that all claimants and
possessors shall be heard on their claims.
J urisdiction of cadastral court over previously
titledlandslimitedtocorrectionof technical titled lands limited to correction of technical
errors in the description of the land.
Decisiondeclaringlandaspubliclandnot a Decision declaring land as public land not a
bar to a subsequent action for confirmation of
titl th l d title over the same land.
DISPOSITIONOF FRIAR LANDS DISPOSITION OF FRIAR LANDS
(Example: Banila Estate, Piedad Estate, Tala Estate, etc.)
Friar lands are not public lands but private or
patrimonial property of the government.
Friar lands were purchased by the government
for saletoactual occupantsunderAct No for sale to actual occupants under Act No.
1120 (Friar Lands Act)
Th L d M t B (LMB) h ll The Lands Management Bureau (LMB) shall
first issue a sales certificate to the occupant
h h ll h h i i who shall pay the purchase price in
installments.
The purchaser becomes the owner upon the
i f th tifi t f l bj t t issuance of the certificate of sale, subject to
cancellation in case the price agreed upon is
not paid in full
Upon full payment, the government shall then p p y , g
issue a final deed of conveyance to the
purchaser purchaser
No lease or sale shall be valid until approved
b th DENR S t (M t k B by the DENR Secretary (Manotok v. Barque,
GR No. 162335, Aug. 24, 2010)
Sale of friar lands is different from sale of
public lands: p
In sale of public lands, the land is opened
for bidding; thesuccessful bidder isgiven for bidding; the successful bidder is given
right of entry and to cultivate and improve
theland the land.
Upon cultivation of 1/5 of the land, the
applicant is given a sales patent
Inthecaseof friar lands, thepurchaser In the case of friar lands, the purchaser
becomes the owner upon issuance of the
certificateof saleinhisfavor certificate of sale in his favor.
SUBDIVISION AND CONDOMINIUM
BUYERSPROTECTIVE DECREE BUYER S PROTECTIVE DECREE
Subdivision and Condominium Buyers Protective
D (PD957) Decree (PD 957)
Policy: to afford inhabitants the requirements of
d h l i h l decent human settlement with ample
opportunities for improving their quality of life.
Real estate and condominium businesses must
be closely supervised and regulated, and
penalties imposed on fraudulent practices and
manipulations.
PD No. 957 implements the state policy of
providing decent human settlement to improve the
quality of life. q y
Housing and Land Use Regulatory Board
(HLURB) formerlyNHA andHSRC has (HLURB), formerly NHA and HSRC, has
exclusive jurisdiction to regulate real estate and
tradebusiness trade business.
HLURB is a quasi-judicial body with original and
exclusiveauthoritytohear anddecidecasesof the exclusive authority to hear and decide cases of the
following nature:
Unsoundreal estatebusinesspractice Unsound real estate business practice
Claims for refund and any other claims filed by
subdivision lot or condominium unit buyer
against the project owner, developer or dealer
Cases involving specific performance of
contractual and statutory obligations filed by y g y
buyers of subdivision lot or condominium unit
Decision of HLURB appealable to the OP whose
decision may be elevated to the CA via a petition
for review.
HLURB has jurisdiction over cases for
collectionof unpaidinstallmentsanddamages collection of unpaid installments and damages
It has no jurisdiction over issues involving
ownership or possession of property
Registration of projects, requirements
Li t ll i t License to sell, requirements
Absence of license to sell does not render sale
void
But developer maybeheldcivillyand But developer may be held civilly and
criminally liable
D t i ti f i i l li bilit li ithth Determination of criminal liability lies with the
courts
A license to sell and performance bond is not
required in the following transactions: q g
Sale of a subdivision lot resulting from the
partitionof thelandamongco owners heirs partition of the land among co-owners-heirs
Sale of a subdivision lot by the original.
purchaser and any subsequent sale of the same
lot.
Sale of a subdivision lot or condominium unit
byor for account of amortgageewhen by or for account of a mortgagee when
necessary to liquidate a bona fide debt.
Foreigners may purchase condominium units and
h i th d i i ti t t shares in the condominium corporations up to not
more than 40-% of the total and outstanding
capital stock of a Filipino-owned or controlled
corporation.
The land is owned by the corporation and the unit
owner issimplyamember inthecorporation. owner is simply a member in the corporation.
The ownership of the land is legally separated
f th it it lf from the unit itself.
Registration of dealers, brokers and salesmen g
Revocation of registration
Procedure: Procedure:
Hearing
Decision
Ceaseanddesist order Cease and desist order
Registration of contracts
Mortgages Mortgages
With written approval of the HLURB
With notice to the buyer
Mortgagewithout knowledgeor buyer and Mortgage without knowledge or buyer and
approval of HLURB is null and void
Illustrativecases Illustrative cases
Far East Bank and Trust Co. v. Marquez
DBP v. Capulong
Advertisements
Time of completion
C f d l Consequence of delay
Failure to develop a subdivision may justify p yj y
non-payment of amortizations by lot buyer
Failureof seller todeliver condominiumunit Failure of seller to deliver condominium unit
entitles buyer to cancel contract
Issuanceof title Issuance of title
Duty of owner to deliver title
Duty of owner to redeem outstanding mortgage
Certificateof titlenot subject tocollateral attack Certificate of title not subject to collateral attack
Right of way to public road
Roads, alleys, sidewalks and open spaces (non-
alienable and non-buildable))
Donations of parks and playgrounds to the city
or municipalitymandatory; mayinturnbe or municipality mandatory; may in turn be
donated to the homeowners association
Foreigners are allowed to purchase condominium
it units
Any mortgage of the unit or lot requires approval
of HLURB, otherwise mortgage is void
Failuretodevelopasubdivisionmayjustifynon- Failure to develop a subdivision may justify non
payment of amortizations by lot buyer
B t b t df t d t Buyer may not be ousted for non-payment due to
failure of subdivision owner to put up required
improvements
Owner or developer shall:
Deliver titletobuyer uponfull payment of lot Deliver title to buyer upon full payment of lot
or unit
Redeemoutstandingmortgage Redeem outstanding mortgage
Secure a right of way to a public road
Initiate the organization of a homeowners
association among buyers and residents assoc at o a o gbuyesa d esde ts
Provide adequate roads, alleys and sidewalks
D d d i Donate roads and open spaces to city or
municipality where project is located
MULTIPLE CHOICE QUESTIONS
The real purpose of the Torrens system of
registrationis registration is
(a) to quiet title to land
(b) i lid d b i i i i (b) to recognize a valid and subsisting interest in
land
(c) to bar innocent third parties from claiming
an interest in the land
(d) to furnish a shield for fraud.
TheRegaliandoctrineembodiestheconcept The Regalian doctrine embodies the concept
that:
(a) all alienable and disposable lands of the
public domain belong to the State
(b) all lands not clearly within private
ownershippresumptivelybelongtotheState ownership presumptively belong to the State
(c) all lands not covered by Spanish titles
ti l b l t th St t presumptively belong to the State
(d) the King is regarded as the true and only
source of title.
In what instances may first level courts exercise
jurisdictiontohear landregistrationcases? jurisdiction to hear land registration cases?
(a) Where the application is not the subject of any
adverseclaim adverse claim
(b) Where the assessed value of the land does not
dP500000 h i th ffid it f th exceed P500,000 as shown in the affidavit of the
applicant or corresponding tax declaration
(c) Where the land is not contested, or even if
contested, has an assessed value not exceeding
P100,000
(d) Where its exercise is delegated by the Supreme
Court.
The following may properly interpose an
oppositiontotheapplicationfor registration: opposition to the application for registration:
(a) a homesteader who has not yet been issued
hi titl b t h f lfill d ll th diti his title but has fulfilled all the conditions
required by law for the issuance of patent
(b) a foreshore lease applicant
(c) asalesapplicant pendingissuanceof the (c) a sales applicant pending issuance of the
order of award
(d) th h ld f ti b li t d l (d) the holder of timber license agreement duly
approved by the DENR.
PD No. 892, dated February 16, 1976, has outlawed
Spanish titles as evidence of ownership in
registrationcases Ho e er registration cases. However,
(a) such a title may still be presented in evidence if
accompaniedbyasurveyplanexecutedprior to accompanied by a survey plan executed prior to
February 16, 1976
(b) suchatitlemaystill bepresentedif it isinthe (b) such a title may still be presented if it is in the
nature of a possessory information title
(informacion possessoria) (informacion possessoria)
(c) such a title is absolutely barred without ifs or
buts but s
(d) such a title may still be presented in evidence if
accompaniedbyitsEnglishtranslation accompanied by its English translation.
The basis of the prevailing jurisprudence that the p gj p
land sought to be registered is already alienable and
disposable at the time the application for
registrationisfiled isthat: registration is filed is that:
(a) it is only when the land is classified as A and D
that theStateisdeemedtohaveabdicatedits that the State is deemed to have abdicated its
exclusive prerogative over the land
(b) it is hardly possible to look for witnesses who ( ) yp
could testify as to the status and condition of the
land on or before J une 12, 1945
( ) i h l ifi i f h l d A dD (c) prior to the classification of the land as A and D,
the land still remains part of the forest zone, hence,
inalienable inalienable
(d) previous rulings of the Supreme Court requiring
that the land be declared A and D as of J une 12, ,
1945 are merely obiter dicta.
The function of the Register of Deeds to register
instruments affecting registered land is ministerial.
Accordingl Accordingly,
(a) his duty is compellable by mandamus
(b) h h di i d i h i i i (b) he has no discretion to determine the intrinsic
validity of the instrument provided that it is in due
form form
(c) his duty is to register the instrument without
prejudicetoadeterminationof itsvaliditybefore prejudice to a determination of its validity before
the proper forum afterwards
(d) hisdutyistoregister theinstrument unless (d) his duty is to register the instrument unless
enjoined by the LRA.
Registration is not a mode of acquiring
ownership It issimplyaprocedure ownership. It is simply a procedure
(a) to ensure that third parties may not assert
anyclaimor interest inthelandthereafter any claim or interest in the land thereafter
(b) to establish proof of ones claim of
ownershipintheland ownership in the land
(c) to remove all liens and encumbrances in the
l d land
(d) to assure the claimant a better title than what
he actually has.
Registrationunder theTorrenssystemisa Registration under the Torrens system is a
proceeding in rem. This means that
(a) all interestedpersonsarenotifiedof the (a) all interested persons are notified of the
proceedings and have a right to appear in
opposition to the application for registration pp pp g
(b) the proceeding is against all known occupants
and adjoining owners of the land j g
(c) the proceeding aims generally to bar some
individual claim or objection so that certain j
persons who claim an interest in the land are
entitled to be heard
(d) h di h ll b b d h ll (d) the proceeding shall be based on the generally
accepted principles underlying the Torrens system.
Wh b id d ffi i h What acts may be considered sufficient to show
the prior classification of the land as A and D?
( ) A d t l f i i lit h (a) A cadastral survey of a municipality where
the land is situated preparatory to the filing of
thepetitionfor cadastral proceedings the petition for cadastral proceedings
(b) The titling under the Torrens system of
propertiesaroundthelandsubject of registration properties around the land subject of registration
(c) The report and recommendation of the
District Forester for the release of the property st ct o este o t e eeaseo t ep opety
from the unclassified region
(d) An executive proclamation withdrawing ( ) p g
from a reservation a specific area and declaring
the same open for entry, sale or other mode of
di iti disposition.
Submerged lands when already reclaimed from
thesea the sea
(a) are deemed alienable and disposable lands
(b) become alienable and disposable lands upon
a positive act of the government
(c) become alienable and disposable lands upon
a declaration by the courts to that effect (d)
become alienable and disposable when no
longer needed for the easement of flotage or
coast guard service.
To show the identity of the land for purposes of
registration, and in line with prevailing
jurisprudence,
(a) the submission of the tracing cloth plan is
d mandatory
(b) the survey plan and technical description must be
db th LRA approved by the LRA
(c) the submission of a certified copy of the blueprint
hit i t l db th DENR or whiteprint plan as approved by the DENR
Regional Executive Director will suffice
(d) thesubmissionof acertifiedcopyof theblueprint (d) the submission of a certified copy of the blueprint
or whiteprint plan will suffice if the area does not
exceedtheConstitutional limit. exceed the Constitutional limit.
When is a right to property deemed vested?
(a) Whentheright toitsenjoyment present or (a) When the right to its enjoyment, present or
prospective, has become the property of a
particular person particular person
(b) When it is no longer subject to question in
any proceeding
(c) When the property was already released ( ) p p y y
from the forest zone at the start of possession
intheconcept of owner in the concept of owner
(d) When it is fixed by a legislative enactment
i i l di or municipal ordinance.
The notice of initial hearing must be published
bothintheOfficial Ga ette(OG) andina both in the Official Gazette (OG) and in a
newspaper of general circulation; however, the
lawprovidesthat publicationintheOGshall law provides that publication in the OG shall
be sufficient to confer jurisdiction upon the
court Pedro asapplicant believesthat thereis court. Pedro, as applicant, believes that there is
no need to publish the notice in the newspaper
anymore anymore.
(a) He is correct because the law in express and
unequivocal termsprovidesthat publicationinthe unequivocal terms provides that publication in the
OG is sufficient
(b) Pedroiswrongbecausepracticallynoone (b) Pedro is wrong because practically no one
reads the OG anyway
(c) Pedro is right because it is not fair that he ( ) g
should be unduly burdened by additional expenses
for publication
(d) Pedro is wrong because publication in the
newspaper is part of procedural due process.
Pedroappliedfor theregistrationof Lot 1 Psu Pedro applied for the registration of Lot 1, Psu-
4597. The government opposed. J udgment was
rendered in favor of Pedro. J udgment became g
final. Thereafter, Pedro sold the land to J ose. Can
the government appeal the judgment?
(a) No because a final judgment can no longer be
the subject of appeal
(b) N b th t i l d (b) No because the government is already
concluded by the judgment, having interposed its
oppositiontotheapplicationfor registration opposition to the application for registration
(c) Yes because the government is not bound by
the mistakes or errors of its agents g
(d) No because the land is now transferred to a
third person. p
S ti 23 f PDN 1520 id Th t Section 23 of PD No. 1520 provides: The court
shall, within five days from filing of the
application issueanorder settingthedateand application, issue an order setting the date and
hour of the initial hearing which shall not be
earlier thanforty fivedaysnor later thanninety earlier than forty-five days nor later than ninety
days from the date of the order. The court, in an
order datedJ une13 2009 set theinitial hearingof order dated J une 13, 2009, set the initial hearing of
the case on September 25, 2009. After trial, the
court renderedjudgment infavor of theapplicant court rendered judgment in favor of the applicant.
On appeal, the OSG contends that the notice of
initial hearingisdefectiveand/or it didnot vest initial hearing is defective and/or it did not vest
the trial court with jurisdiction over the case.
(a) TheOSGiscorrect for theinitial hearingshould (a) The OSG is correct for the initial hearing should
have been set not later than September 11, 2009, or
90daysfromJ une13 2009 90 days from J une 13, 2009
(b) The OSG is correct since the publication of the
i i j i di i l notice is jurisdictional
(c) The OSG is not correct since the issuance and
publication of the notice of initial hearing involved
a process in which the applicant has had no
participation
(d) The OSG is not correct since the notice of initial ( )
hearing, as published, already gave sufficient notice
to all interested parties of the actual date of hearing p g
A d h li i f i i b Amendments to the application for registration may be
allowed; however,
(a) it isnot permissibletomakeamendmentsafter the (a) it is not permissible to make amendments after the
registration of the property has been decreed except
upon order of the court upo o de o t ecou t
(b) the amendment is proper only when the inclusion of
additional area is very negligible, or smaller than the y g g
original area
(c) the amendment must bear the conformity of the
li i l h l f h i Solicitor General as the counsel for the government in
all land registration proceedings
(d) th d d l t fi t b db (d) the amended survey plan must first be approved by
the LRA.
In order that an additional area may be included in
the original area subject of registration, the
applicant should:
(a) withdraw his original application and file a new
i l d h ddi i l one to include the additional area
(b) file a separate application for the additional area
(c) amend his application to include the additional
area subject to the requirements of publication
(d) file a separate application for the additional area
and thereafter move for the consolidation of said
li i i h h i i l li i f application with the original application for
registration.
Overt actsof possessionmayconsist in Overt acts of possession may consist in
introducing valuable improvements on the
property like fruit-bearing trees. In Republic v. p p y g p
Court of Appeals and Chavez (GR No. L-62680,
Nov. 9, 1988), the Court held that in a practical
d i tifi f l ti and scientific way of planting,
(a) it takes only 5 years for coconut trees and 3
yearsfor mangotreestobeginbearingfruit years for mango trees to begin bearing fruit
(b) it takes only 10 years for mango trees and 5
years for coconut trees to begin bearing fruit y g g
(c) it takes only 3 years for coconut trees and 5
years for mango trees to begin bearing fruit
(d) it t k l 10 f t t d5 (d) it takes only 10 years for coconut trees and 5
years for mango trees to begin bearing fruit
The capacity to acquire private land is
determined by the y
(a) capacity to convert the land to its maximum
productivity productivity
(b) capacity to acquire public land
( ) it t ff ll i hi t tibl (c) capacity to proffer well-nigh incontrovertible
proof of possession since J une 12, 1945 or prior
thereto thereto
(d) capacity to show full compliance with the
id d lti ti i t b l residence and cultivation requirements by oral
and documentary evidence.
In determining the sufficiency of the evidence in a
registration case, the Supreme Court generally
l h fi di f f f h i l may not re-evaluate the findings of fact of the trial
and appellate courts. The recognized exceptions
are: are:
(a) when the findings of fact are conclusions
without citationof specificevidenceonwhich without citation of specific evidence on which
they are based
(b) when the appellate court, in making its ( ) pp , g
findings, went beyond the issues in the case
(c) when the petitioner disputes the jurisdiction of
h i l the trial court
(d) a and b.
Th Ci il C d id h i b l The Civil Code provides that accretion belongs to
the owners of the land adjoining the banks of the
river. It is however necessary that the accretion
(a) must have taken place for such length of time
as to ipso jure convert the same into private
ownership
(b) is made through the effects of the current of
the water
(c) is formed by the natural change in the course
of the river
(d) must have been formed gradually and
imperceptibly for a period of not less than 10 p p y p
years.
What is the concept of ownership of ancestral
domains?
(a) Ancestral domains arepart thelandsof the (a) Ancestral domains are part the lands of the
public domain under the concept of jura regalia
(b) Ancestral domainsaretheprivatebut (b) Ancestral domains are the private but
community property of indigenous peoples
(c) Ancestral domains and all natural resources
h i b l i i hi
( )
therein belong in private ownership to
indigenous cultural communities based on
nativetitle native title
(d) Ancestral domains are owned by the State
pursuant to Section 2, Article XII which states
th t ll l d d ll th t l that all lands and all other natural resources are
owned by the State.
Under the Indigenous Peoples Rights Act (RA
No. 8371), registration under the Torrens system ), g y
of individually-owned ancestral land requires
(a) possessionfor not lessthanthirty(30) years (a) possession for not less than thirty (30) years
immediately prior to the approval of the law on
O t b 29 1997 October 29, 1997
(b) possession since J une 12, 1945 or earlier
(c) possession for not less than ten (10) years in
goodfaith good faith
(d) possession for not less than thirty (30) years.
The primary purpose of cadastral proceedings is
(a) todetermineconflictingclaimsof ownership (a) to determine conflicting claims of ownership
in the area subject of cadastral survey
(b) to provide a remedy, without any expense on
the part of property owners, for the correction of
errors in the technical description of lands already
titled so as to conform to the cadastral survey y
(c) to settle and adjudicate title to lands
(d) t d t i th i it l ti i ht f (d) to determine the priority or relative weight of
two or more certificates of title for the same land.
Section22 PDNo 1529allowslandsubject of Section 22, PD No. 1529 allows land subject of
registration to be dealt with after the filing of the
applicationandbeforetheissuanceof decreesubject application and before the issuance of decree subject
to prescribed procedures. In case of sale, for instance,
it isrequired it is required
(a) that the buyer should be made a party to the case
(b) h h i id i h i b (b) that the instrument evidencing the transaction be
presented to the court for appropriate consideration
(c) that the application for registration be amended by
substituting the buyer for the applicant
(d) that the buyer must show proof that he is qualified
to register the land in his name. g
The duty of the LRA Administrator to issue a
decreeof registrationisministerial thereason decree of registration is ministerial, the reason
being that
(a) hisrefusal wouldsubject himtocontempt of (a) his refusal would subject him to contempt of
court
(b) heisanofficer andactsuponorder of the (b) he is an officer, and acts upon order, of the
court
( ) h i i h b l i h h (c) the winning party has an absolute right to the
fruits of the verdict
(d) the issuance of the decree is an express
component of his official functions.
To avail of a petition for review,
(a) thepetitioner must allegefactsandcircumstances (a) the petitioner must allege facts and circumstances
surrounding the trial which prevented a fair and just
determinationof thecase determination of the case
(b) the petition must be filed within sixty (60) days
fromthefinalityof thedecisionof theregistration from the finality of the decision of the registration
court
( ) th titi t it th i ti f (c) the petitioner must await the expiration of one
year from the issuance of the decree of registration
(d) h h d i (d) the property has not passed to an innocent
purchaser for value.
Actions for reversion shall be instituted by the
Solicitor General in the name of the Republic p
of the Philippines. Reversion is proper where
defendants title covers
(a) land consisting of alluvial deposits caused
bytheactionof thesea by the action of the sea
(b) land which had been previously titled
throughcadastral proceedings through cadastral proceedings
(c) land subject of irregular reconstitution
proceedings proceedings
(d) land forming part of the friar lands estate.
Recovery from the Assurance Fund is possible
(a) when private defendant is insolvent
(b) when plaintiff failed in his action for ( ) p
reconveyance
(c) whenplaintiff isdeprivedof anyinterest in (c) when plaintiff is deprived of any interest in
land on account of bringing land under the
Torrenssystem Torrens system
(d) when the Register of Deeds failed to
exerciseduecaretoforestall fraudulent exercise due care to forestall fraudulent
registration.
When a deed of sale presented for registration is
forged, g ,
(a) the registered owner does not lose his title to
theland the land
(b) the transferee can recover damages from the
Assurance Fund
(c) the transferee can ask the true owner to ( )
execute a deed of sale in his favor
(d) theRegister of Deedsshouldelevatethe (d) the Register of Deeds should elevate the
matter to the LRA via en consulta.
The burden of proving the status of a purchaser
ingoodfaithisdischarged in good faith is discharged
(a) by one who asserts that status
(b) by invoking the legal presumption of good
faith
(c) by proof that the vendor is the true owner of
thepropertysold the property sold
(d) by proof that the property was
unencumbered at the time of the sale.
J ose forged the signature of the registered owner,
Pedro, in a deed of sale purportedly made by the
latter infavor of Mariowhopaidthefull purchase latter in favor of Mario who paid the full purchase
price thereof. Is Mario a buyer in good faith?
(a) No because as a cautious person he should have ( ) p
first determined in the office of the Register of
Deeds who the true owner of the property is
(b) b h f dd dd (b) No because the forged deed does not convey
any valid title
(c) Yesbecausehehaspaidthefull purchaseprice (c) Yes because he has paid the full purchase price
of the land
(d) Yesbecauseabuyer of registeredlandneednot (d) Yes because a buyer of registered land need not
go beyond the four corners of the title to determine
any flaw in the title or ownership of his vendor.
Pedro sold registered land to an alien. The sale
was not registered. Realizing that the sale is g g
prohibited, Pedro seeks to recover the land from
the alien vendee. Will the action prosper? p p
(a) Yes because the sale is not yet registered
(b) N b b thP d dth li d (b) No because both Pedro and the alien vendee
are in pari delicto
(c) No because Pedro is estopped from impugning
the sale
(d) Yes because the prohibition is designed for the
protectionof theFilipinovendor. protection of the Filipino vendor.
Lot X is registered in the name of the Spouses
P d d M i P d ll th l dt J Pedro and Maria. Pedro sells the land to J ose
without the written consent of Maria. May the
Register of Deedsrefuseregistration? Register of Deeds refuse registration?
(a) Yes because the sale does not bear the
signatureof Mariawhoisdeemedaco-owner of signature of Maria who is deemed a co owner of
the land
(b) Yesbecausethereisnothinginthedeedof (b) Yes because there is nothing in the deed of
sale to show that Pedro alone acquired the land
in his own right
(c) No because the lack of consent of Maria is
fatal, there being no showing that she is
i it t dt i h t t th l incapacitated to give her consent to the sale
(d) Yes because the deed of sale does not bear
th i t f M i the signature of Maria.
A h d i hibi df li i h A homesteader is prohibited from alienating the
homestead within five years from the issuance
of thepatent pursuant toSection118of the of the patent pursuant to Section 118 of the
Public Land Act. Which of the following
situations is not covered by the prohibition?
( ) S l d h h d (a) Sale made to the homesteaders own son or
daughter
(b) Salemadewithintheprohibitoryperiodbut (b) Sale made within the prohibitory period but
conditioned upon express agreement of the
parties that the sale shall not take effect until
ft th i ti f id i d after the expiration of said period
(c) Sale of a portion of the homestead with the
homesteader keepingareasonableareafor homesteader keeping a reasonable area for
himself and his family
(d) None of the above. ( )
Pedro is the registered owner of land. Minerals
are discovered underneath the property. Who has
the right to exploit the minerals?
(a) Thegovernment hastheabsoluteright to (a) The government has the absolute right to
exploit the minerals
(b) Pedrohastheright toexploit theminerals (b) Pedro has the right to exploit the minerals
because he is the absolute owner of the land
( ) P d d h h i h l i h (c) Pedro does not have the right to exploit the
minerals because he owns the surface area only
(d) The government has the right to exploit the
minerals upon prior expropriation of the property. p p p p p p y
The purpose of a notice of lis pendens is
(a) tofortifytheclaimof ownershipof theparty (a) to fortify the claim of ownership of the party
causing the registration thereof
(b) h f h f (b) to prevent the owner of the property from
alienating it while the case is still pending trial
(c) to advise third persons who purchase the
property that they do so at their peril p p y y p
(d) to put the owner on notice that he holds the
propertyintrust for thepersoncausingthe property in trust for the person causing the
annotation of the lis pendens.
To bevalid and effective, anoticeof lis pendens
must be must be
(a) filed simultaneously with the filing of the
actionsubject of thenotice actionsubject of thenotice
(b) annotated on both the duplicate certificate of
titl fil ith th R i t f D d d i th titleon filewith theRegister of Deeds and in the
possessionof theregisteredowner
(c) approvedbythecourt inthependingcase
(d) annotated on the original duplicate certificate g
of titleonfilewiththeRegister of Deeds.
May an adverse claim of ownership, based on
prescription and adverse possession, be registered p p p , g
over registered land?
(a) Yes because adverse claim aims to protect the ( ) p
interest of the person claiming ownership of the
land
(b) N b i l i dl di (b) No because title to registered land is
imprescriptible
(c) Yesbecausetheadverseclaimservesasa (c) Yes because the adverse claim serves as a
notice that the adverse claimant has a better right
tothelandthantheregisteredowner thereof to the land than the registered owner thereof
(d) No because prescription for the acquisition of
title is never presumed. p
Reconstitution denotes reconstruction of a lost
or destroyedoriginal certificateof title The or destroyed original certificate of title. The
term any other document as a source of
reconstitutionmayinclude reconstitution may include
(a) an order of the court for the issuance of the
decree decree
(b) an approved survey plan and technical
descriptionof theland description of the land
(c) a certification by the LRA that a decree of
i t ti i f t i d registration was in fact issued
(d) none of the above.
Petitioner Gan Tan, a Chinese citizen, lost his
Torrenstitlewhenhishousewasburnedin Torrens title when his house was burned in
1995. He filed a petition for reconstitution in
2004. The court denied the petition on the basis
of a BID certification submitted by the OSG
that petitioner is a Chinese, hence his title is null
andvoid IncaseGanappeals howshouldthe and void. In case Gan appeals, how should the
case be resolved?
(a) The appeal should be denied because Gan
beinganalienisdisqualifiedfromowninglandin being an alien is disqualified from owning land in
the country
(b) Reconstitutionshouldbeorderedbecausea (b) Reconstitution should be ordered because a
Torrens title, as a rule, is irrevocable and
indefeasible indefeasible
(c) The appeal should be dismissed since
petitioner haslost hisright tothelandonthe petitioner has lost his right to the land on the
ground of laches
(d) R tit ti h ldb d db (d) Reconstitution should be ordered because a
Torrens title cannot be collaterally attacked.
Pedro lost his title when his house was burned. He
filedwiththeLRA apetitionfor administrative filed with the LRA a petition for administrative
reconstitution. The LRA found that the lot covered
byPedros titlehadbeenpreviouslydecreedin by Pedros title had been previously decreed in
favor of Lim who, upon further investigation,
t d t t b Chi Wh t h ldth LRA turned out to be a Chinese. What should the LRA
do?
(a) The LRA should order outright the cancellation
f Li titl d dt t P d of Lims title and proceed to act on Pedros
petition for reconstitution
(b) The LRA should dismiss Pedros petition
pending the filing by the OSG or the competing
l i f i b f h RTC d i claimant of an action before the RTC to determine
the validity of Lims title
(c) The LRA should elevate the matter to the
Secretary of J ustice for advisory opinion
(d) None of the above.
OCT No 38621wasdecreedinthenameof Pedro OCT No. 38621 was decreed in the name of Pedro
Valdez, married to Lita Marquez. Because of the
loss of the original copy of the title, Pedro petitioned g py , p
the court for reconstitution. During the pendency of
the case, Lita died. Assuming that the petition is
b i d h h ldi d f substantiated, the court should issue an order of
reconstitution:
( ) i th f P d V ld id (a) in the name of Pedro Valdez, widower
(b) in the name of Pedro Valdez, married to Lita
Marq e deceased Marquez, deceased
(c) in the name of Pedro Valdez, married to Lita
Marquez Marquez
(d) in the name of Pedro Valdez.
If theRegister of Deedsisunsurewhether or not an If the Register of Deeds is unsure whether or not an
instrument affecting registered land is registrable,
heshould he should
(a) return the document to the registrant for the
f i f h i reformation of the instrument
(b) ask the registrant to elevate the matter to the
LRA for the resolution of the issue via en consulta
(c) himself refer the matter to the LRA for the ( )
determination of the issue
(d) advisetheregistrant tofileanadverseclaimin (d) advise the registrant to file an adverse claim in
the meantime pending further study and
determinationof theissue. determination of the issue.
MayaDutchnational validlypurchasearesidential unit May a Dutch national validly purchase a residential unit
in a townhouse project constituted under the
Condominium Act?
(a) No because aliens, whether individuals or
corporations, are disqualified from acquiring public
lands, hence, they are also disqualified from acquiring
private lands
(b) Y b f l 60% f h b f (b) Yes because for as long as 60% of the members of
the condominium corporation are Filipinos, the
remainingmemberscanbeforeigners remaining members can be foreigners
(c) Yes because the unit owner is simply a member of
thecondominiumcorporationandthelandremains the condominium corporation and the land remains
owned by the condominium corporation
(d) (b) and (c). ( ) ( ) ( )
Theowner or dealer whohasbeenissueda The owner or dealer who has been issued a
registration certificate is not authorized to sell
bdi i i l t d i i it i th any subdivision lot or condominium unit in the
registered project unless he shall have first
b i d li ll h j h i h obtained a license to sell the project. What is the
consequence of the absence of the license to
sell?
(a) The absence of a license to sell renders the sale
null and void
(b) The absence of a license to sell does not affect
the validity of the contract if the owner or dealer
should thereafter secure a license to validate the
sale
(c) The absence of a license to sell subjects the
condominium developer and its officers civilly
and criminally liable for the violation
(d) The absence of a license to sell allows the ( )
vendee to rescind the contract with a right to
damages. g
If onlyaportionof thelandcoveredbyacertificate If only a portion of the land covered by a certificate
of title is conveyed by the owner, and the deed of
conveyance is presented for inscription, the Register
of Deeds of Deeds
(a) shall annotate the deed by way of memorandum
on the grantors certificate of title, original and g , g
duplicate, to serve as a notice to third persons
(b) shall not enter any transfer certificate to the
granteeuntil aplanof thelandshowingall the grantee until a plan of the land showing all the
portions or lots into which it has been subdivided
shall have been verified and approved
(c) shall issueanewcertificateof titletothegrantee (c) shall issue a new certificate of title to the grantee
for the portion conveyed and at the same cancel the
grantors certificate partially with respect only to the
portionconveyedasdescribedinthedeedof portion conveyed as described in the deed of
conveyance
(d) (a) and (b). ( ) ( ) ( )
Pedro decides to sell his property to J ose only to p p y y
discover the loss of his owner's duplicate
certificate of title covering the same. What initial
h ldP d t k ? recourse should Pedro take?
(a) Report the fact of loss to the police and then
fileapetitionfor replacement of thelost title file a petition for replacement of the lost title
before the court
(b) Sendanoticeunder oathtotheRegister of (b) Send a notice under oath to the Register of
Deeds of the province or city where the land lies
as soon as the loss is discovered
(c) Promptly file with the proper court a verified
petition for replacement of the lost title
(d) Proceed with the documentation of the sale
and then file a petition for replacement of the lost
title title.
In 1995, Pedro, a natural born Filipino, bought
anagricultural landfromJ osewhohasbeenin an agricultural land from J ose who has been in
possession thereof as owner since 1942. Pedro
migratedtoCanadawhereheacquiredCanadian migrated to Canada where he acquired Canadian
citizenship. He came back to the Philippines in
2010 and applied for the registration of the land pp g
which is now industrial in character. The
government opposed alleging that since Pedro is g pp g g
now an alien he is not qualified to apply for
registration. Is the opposition tenable? g
( ) Y b li di lifi df (a) Yes because aliens are disqualified from
acquiring lands in the Philippines
(b) Yes because even privately owned unregistered
lands are presumed to be public lands under the p p
principle that land of whatever classification belong
to the State under the Regalian doctrine g
(c) No because the land at the time of its acquisition
byPedroisdeemedalreadyaprivateland by Pedro is deemed already a private land
(d) Yes because industrial lands may only be leased
t li to aliens.
Wh h j i di i i l i h Who has jurisdiction over cases involving the
cancellation of registered emancipation patents
(EP ) tifi t f l d hi d (EPs), certificates of land ownership award
(CLOAs), and other titles issued under the
agrarianreformprogram? agrarian reform program?
(a) The Secretary of Agrarian Reform
(b) The Department of Agrarian Reform
Adjudication Board (DARAB)
(c) The ordinary courts of justice
(d) TheRTC actingasaSpecial AgrarianCourt (d) The RTC acting as a Special Agrarian Court
(SAC).
In an action for specific performance, the court p p ,
upheld the sale of the property to the plaintiff and
orderedthedefendant vendor tocomplywiththe ordered the defendant vendor to comply with the
terms and conditions of the contract. Can plaintiff,
inthesamecase askthecourt tocompel in the samecase, ask the court to compel
defendant to surrender the duplicate certificate of
titletotheRegister of Deedsfor theregistrationof title to the Register of Deeds for the registration of
the sale?
(a) No hemust fileaseparatepetitionincourt to (a) No, he must file a separate petition in court to
compel surrender of the same to the Register of
Deeds Deeds
(b) Yes, this being a necessary incident in the main
case
(c) No, the rule being that an action to compel the
surrender of the owner's duplicate certificate of title
to the Register of Deeds could only be filed with
the RTC sitting as a land registration court if there
is unanimity among the parties, otherwise, it should
be threshed out in an ordinary action
(d) Yes to avoid multiplicity of suits. ( ) p y
Pedro filed a complaint for specific performance
against J ose to compel the latter to comply with
his contractual obligation to sell to the former the
subject property. The court ruled in favor of Pedro
and directed J ose to surrender his owners
duplicate certificate of title to the Register of
D d f ll i di f i l Deeds for cancellation and issuance of a new title
to Pedro. Mario, a mortgagee, intervened and
bj t d ll i th t th i f titl t objected, alleging that the issuance of title to
Pedro will substantially impair his rights and
i t t t I M i bj ti interests as a mortgagee. Is Marios objection
valid?
(a) Yes because the mortgage directly and ( ) g g y
immediately subjects the mortgaged property
to the fulfillment of J oses loan obligation to g
Mario
(b) NosinceanylienannotatedonJ oses (b) No since any lien annotated on J oses
certificate of title shall be carried over to the
newtransfer certificateof titleof Pedro new transfer certificate of title of Pedro
(c) No because all subsequent purchasers, like
Pedro must respect theexistingmortgageon Pedro, must respect the existing mortgage on
the property until fully discharged
(d) Y b th i f titl t P d (d) Yes because the issuance of title to Pedro
raises imminent questions on the validity of
th t t th j di f M i the mortgage to the prejudice of Mario.
Tosecurealoan Pedromortgagedhistitled To secure a loan, Pedro mortgaged his titled
property to the bank. The mortgage was annotated
onthetitle Subsequently J ose claimingprior on the title. Subsequently, J ose, claiming prior
right of ownership, brought suit in the RTC to
i t titl dt llif P d titl A ti f quiet title and to nullify Pedros title. A notice of
lis pendens was annotated on Pedros title. For
f il f d hi l h b k failure of Pedro to pay his loan, the bank
foreclosed and was the successful bidder at
auction. Meantime, the RTC rendered judgment
nullifying Pedros title as well as the mortgage to y g g g
the bank. The bank claims that it is a mortgagee
and buyer in good faith. Is the bank correct? y g
(a) Nobecausethebankisatransfereependente (a) No because the bank is a transferee pendente
lite, hence the mortgage was subject to the results
f th di liti ti of the pending litigation
(b) No because no valid lien can arise from a void
title
(c) Yes because any subsequent lien or ( ) y q
encumbrance annotated at the back of the title
cannot affect the mortgage previously registered c o ec e o g gep ev ousy egseed
(d) No because Pedros title was declared void,
andthemortgage beingbut anaccessory and the mortgage, being but an accessory
contract, is also void.