ATENEO CENTRAL BAR OPERATIONS 2007
Civil Law
SUMMER REVIEWER
LAND TITLES
LAND TITLE is the evidence of the owner’s right or
extent of interest, by which he can maintain control
and as a rule assert right to exclusive possession and
enjoyment of property.
DEED is the instrument in writing by which any real
estate or interest therein is created, alienated,
mortgaged, or assigned, or by which title to any real
estate may be affected in law or equity.
LAND REGISTRATION is a judicial or administrative
proceeding whereby a person’s claim over a
particular land is determined and confirmed or
recognized so that such land and the ownership
thereof may be recorded in a public registry.
TORRENS SYSTEM is a system for registration of
land under which, upon the landowner’s application,
the court may, after appropriate proceedings, direct
the issuance of a certificate of title.
Legarda v. Saleeby, 31 Phil 590 (1915)
PURPOSES: QUIP-CC
1. To quiet title to the land and to stop forever any
question as to the legality of said title
2. To relieve the land of unknown claims
3. To guarantee the integrity of land titles and to
protect their indefeasibility once the claim of
ownership is established and recognized
4. To give every registered owner complete
peace of mind
5. To issue a certificate of title to the owner which
shall be the best evidence of his ownership of
the land
6. To avoid conflicts of title in and to real estate
and to facilitate transactions.
Capitol Subdivision, Inc. v. Province of Negros
Occidental, 7 SCRA 60 (1963)
The registration of property is to: (1) avoid possible
conflicts of title in and to and
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facilitate transactions
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public the right to rely upon the face of the Torrens
certificate of title and to dispense with the need of
inquiring further, EXCEPT when the party concerned
has actual knowledge of facts and circumstances that
should impel a reasonably cautious man to make
such further inquiry.
—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie
Tajan, John Paul Lim; Subject Head: Shelly Lim; Pledgees: Nicole Batingana, Timothy Joseph Lumauig—
NATURE OF TORRENS SYSTEM
• Judicial in character and not merely
administrative
• Proceeding is in rem (binding upon the whole
world)
CONCEPT OF TORRENS SYSTEM
• Does not create or vest title
• Only confirms (does not confer) ownership
TORRENS TITLE is a certificate of ownership issued
under the Torrens System, through the Register of
Deeds, naming and declaring the owner of the real
property described therein, free from all liens and
encumbrances except such as may be expressly
noted there or otherwise reserved by law.
• GENERAL RULE: A title once registered
cannot be impugned, altered, changed,
modified, enlarged, or diminished
• EXCEPTION: Direct proceeding permitted by
law, usually for the protection of innocent third
persons
PROBATIVE VALUE OF THE TORRENS TITLE
• Torrens Title may be received in evidence in all
courts in the Philippines, and shall be
conclusive as to all matters contained therein,
principally as to the identity of the land owner
except so far as provided in the Land
Registration Act.
TYPES OF TORRENS CERTIFICATES OF TITLE
1. Original Certificate of Title: the first title
issued in the name of the registered owner by
the Register of Deeds (ROD) covering a parcel
of land which had been registered by virtue of a
judicial or administrative proceeding.
2. Transfer Certificate of Title: the title issued
by the ROD in favor of the transferee to whom
the ownership of the already registered land
had been transferred by virtue of a sale or
other modes of conveyance.
MODES OF ACQUIRING TITLE:
1. Public Grant • A conveyance of public
land by government to a
private individual
2. Acquisitive • Must be OCEN: in open,
Prescription continuous, exclusive, and
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notorious possession
• If in good faith & with just
title: 10 yrs. uninterrupted
possession is required
• If in bad faith & without just
title: 30 yrs. continuous
possession is required
• Only available if the land
possessed is public land
that is alienable and
disposable
• A property registered under
the provisions of PD 1529
is not subject to
prescription
• Prescription is unavailing
not only against the
registered owner, but also
against his hereditary
successors
3. Accretion Requisites:
1. The deposit of soil or
sediment be gradual and
imperceptible,
2. It is the result of the curret
of the waters (river/sea),
and
3. The land where accretion
takes place is adjacent to
the banks of rivers or the
sea coast
• Accretion to registered
lands need new registration
• No human intervention
• The current causing the
alluvial deposit must be
from a river. If it is from the
sea, the deposit will pertain
to the state. (Government
of the Phils. v. Cabangis
53 phil 112 [1929])
4. Reclamation • Filling of submerged land
by deliberate act and
reclaiming title thereto
• Must be initially owned by
government
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transferred to private
owners
5. Voluntary • Private grant
Transfer • Voluntary execution of
deed of conveyance
• Contractual relationship
between the parties
• Consensual
6. Involuntary • No consent from the owner
Alienation of land
• Forcible acquisition by the
State
7. Descent or • Hereditary succession to
Devise the estate of deceased
owner
8. Emancipation • To ameliorate the sad
Patent/Grant plight of tenant-farmers
(Certificate of Land • Such grant is not
Ownership Award) transferable except by
hereditary succession
LAWS IMPLEMENTING LAND REGISTRATION
1. Property Registration Decree (P.D. 1529, as
amended)
2. Cadastral Act (Act 2259, as amended)
3. Public Land Act (Commonwealth Act 141, as
amended)
4. Emancipation Decree (P.D. 27, as amended)
5. Comprehensive Agrarian Reform Law of 1988
(R.A. 6657, as amended)
ADMINISTRATION OF THE TORRENS SYSTEM
1. LAND REGISTRATION AUTHORITY (LRA)
• Agency charged with the efficient execution
of the laws relative to the registration of
lands, under the executive supervision of
the DOJ
• Consists of an Administrator assisted by 2
Deputy Administrators
FUNCTIONS OF THE LRA: SAC
1. Extend speedy and effective assistance to
the Dept. of Agrarian Reform, the Land
Bank, and other agencies in the
implementation of the land reform program
of the government
2. Extend assistance to courts in ordinary and
cadastral land registration proceedings
3. Be the central repository of records relative
to original registration of lands titled under
the Torrens system, including the
subdivision and consolidation plans of titled
lands
2. REGISTER OF DEEDS (ROD)
• Constitutes a public repository of records of
instruments affecting registered or
unregistered lands and chattel mortgages
in the province or city wherein such office
is situated
• Headed by the Register of Deeds, assisted
by a Deputy
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FUNCTIONS OF THE ROD: IPDI verified and acknowledges before a notary public or
1. Immediately register an instrument other public officer authorized by law to take
presented for registration dealing with real acknowledgement.
or personal property which complies with
the requisites for registration NOTE: When the ROD is in doubt as to the proper
2. Shall see to it that said instrument bears action to take on an instrument or deed presented to
the proper documentary and science him for registration, he should submit the question to
stamps and that the same are properly the Administrator of the LRA en consulta (Section
cancelled 117, PD 1529).
3. If the instrument is not registerable, he
shall deny the registration thereof and NON-REGISTRABLE PROPERTIES
inform the presentor of such denial in Article 420 1. Those intended for public use,
writing, stating the ground or reason NCC such as roads, rivers, torrents,
therefore, and advising him of his right to ports and bridges constructed
appeal by consulta in accordance with Sec. by the State, banks, shores,
117 of PD 1529 roadsteads, and others of
4. Prepare and keep an index system which similar character
contains the names of all registered 2. Those which belong to the
owners and lands registered State, without being for public
use, and are intended for some
Baranda v, Gustilo, 165 SCRA 757 (1988) public service or for the
The function of the ROD with reference to registration development of the national
of deeds, encumbrances, instruments, and the like is wealth.
ministerial in nature. Arts. 5 & 6, 1. Rivers and their natural beds;
Water Code 2. Continuous or intermittent
Ledesma v. Villaseñor, 13 SCRA 494 (1965) (PD 1067 ) waters of springs and brooks
It is enough that in the ROD’s opinion an instrument running in their natural beds
is registrable for him to register it. The act being an and the beds themselves;
administrative act does not contemplate notice to and 3. Natural lakes and lagoons;
hearing of interested parties. 4. All other categories of surface
waters such as water flowing
over lands, water form rainfall
Almirol v. ROD of Agusan, G.R. No. L-22486, Mar.
whether natural or artificial, and
20, 1968
water from agriculture runoff,
The determination of whether a document is valid or
seepage and drainage;
not is a function that belongs to a court of competent
5. Atmospheric water;
jurisdiction, and not to the ROD.
6. Subterranean or ground water;
7. Seawater;
Balbin v. ROD, 28 SCRA 12 (1969)
Instances when the ROD may validly deny Found in private lands:
registration of a voluntary instrument: 8. Continuous or intermittent
1. Where there are more than 1 copy of the owner’s waters rising on such lands;
duplicate certificate of title and not all such copies 9. Lakes and lagoons naturally
are presented to the ROD waters rising on such lands;
2. Where the voluntary instrument bears on its face 10. Rain water and falling on such
an infirmity lands;
3. Where the validity of the instrument
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a. Notice of pending suit must be given to 12. Waters in swamps and
parties marshes
b. Registration may be suspended Regalian Forest or timberland, public forest,
Doctrine under forest reserves lands, mineral
Gallardo v. IAC, 155 SCRA 248 (1987) the 1935, 1973, lands
The ROD may also refuse to register a private and 1987
document since Section 112 of PD 152 provides that Constitution
deeds of conveyances affecting lands should be

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Bureau of Forestry v. CA, 153 SCRA 351 (1987)
As provided for under Sec. 6 of CA 141, which was
lifted from Act 2874, the classification or
reclassification of public lands into alienable or
disposable, mineral, or forest lands is now a
prerogative of the Executive Department of the
government and not the courts. With these rules,
there should be no more room for doubt that it is not
the court which determines the classification of lands
of the public domain into agricultural, forest or
mineral but the Executive Branch of the government,
through the Office of the President.
Republic v. Vera, 120 SCRA 210 (1983)
A parcel of forest land is within the exclusive
jurisdiction of the Bureau of Forestry and beyond the
power and jurisdiction of the cadastral court to
register under the Torrens system.
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA
361 (2002)
The State has an imprescriptible right to cause the
reversion of a piece of property belonging to the
public domain if title has been acquired through
fraudulent means.
Republic v. Southside Homeowners Association
Inc. (SHAI) G.R. No. 156951 & 173408, Sep. 22,
2006
FACTS:
Proclamation No 423 which established a military
reservation known as Fort William McKinley – later
renamed Fort Bonifacio Military Reservation, was
issued by former President Carlos Garcia. Areas
specified in the Proclamation were withdrawn from
sales and settlements and were reserved for military
purposes. Several presidential proclamations would
later be issued excluding certain defined areas from
the operation of Proclamation 423.
What is mainly sought to be declared as a nullity in
this petition is the title over the parcels of land that
are referred to as JUSMAG housing are in Fort
Bonifacio being occupied by active and retired
military officers and their families.
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corporation organized mostly
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officers, was able to secure title in its name over the
bulk, if not the entire, JUSMAG area. The TCT was
issued by the Rizal Registry on the basis of a
notarized deed of sale purportedly executed by then
Land Management Bureau Director Abelardo Palad
Jr. The investigation conducted by the DOJ, however,
reported land scams at the FBMR and also finding
that the signature of Palad was forged.
In 1993, then Pres Ramos ordered the OSG to
institute an action towards the cancellation of TCT
15084 in SHAI’s name as well as the title acquired by
the Navy Officer’s Village Association (NOVA) over a
bigger parcel of land within the reservation.
ISSUE:
Whether the land sold was alienable.
HELD:
NO. As regards the issue of inalienability, the Court
upheld the contention of the Republic that the
JUSMAG area is inalienable, the same having not
effectively been separated from the military
reservation and declared as alienable and
disposable. Until a given parcel of land is released
from its classification as part of the military
reservation zone and reclassified by law or by
presidential proclamation as disposable and
alienable, its status as part of a military reservation
remains, even if incidentally it is devoted for a
purpose other than as a military camp or for defense.
SHAI had not pointed to any proclamation or
legislative act for that matter segregating the property
from the reservation and classifying the same as
alienable lands of public domain. Furthermore, the
Constitution also forbids private corporations from
acquiring any kind of alienable public land except
through lease for a limited period. The whole
conveyance process was also suspicious since the
whole process was accomplished only in one day.
TYPES OF REGISTRATION:
1. Original Registration
2. Subsequent Registration
ORIGINAL REGISTRATION UNDER PD 1529 is a
proceeding brought before the RTC (as a land
registration court) to determine title or ownership of
land on the basis of an application for registration or
answer by a claimant in a cadastral registration.
KINDS OF JUDICIAL REGISTRATION:
1. Judicial/Voluntary/Ordinary – by filing with
the proper court; application by the private
individual himself
2. Administrative/Involuntary/Cadastral –
compulsory registration initiated by the
government
PROCEDURE IN ORDINARY LAND
REGISTRATION: SFD-TP-SAHJ-DECT
1. Survey of land by the Bureau of Lands or a
duly licensed private surveyor
a. Survey plan must be duly approved by the
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Director of Lands.
2. Filing of application for registration by the
applicant
a. With all muniments of titles and copies
thereof with survey plan approved by
Bureau of Lands
MUNIMENTS OF TITLE are instruments or
written evidence which applicant holds or
possesses to enable him to substantiate and
prove title to his estate
b. Always filed at the RTC of the place where
land is situated
c. Indorsed to the MTC if there is no
controversy over the land or if its value is
less than 100,000
d. In cases of delegated jurisdiction to the
MTC, appeal is directed to the CA
e. If land is situated between boundaries of 2
provinces, application must be filed:
• When boundaries are not defined: in
the RTC of the place where it is
declared for taxation purposes;
• When boundaries
separate plan for each portion must be
made by a surveyor and a separate
application for each lot must be filed
with the appropriate RTC
3. Setting of the date of initial hearing of
application by the RTC
a. Within 5 days, set hearing 45-90 days from
date of order
4. Transmittal of the application and the date of
the initial hearing, with all the documents or
other evidences attached thereto, by the Clerk
of Court to the LRA
5. Publication of notice of the filing of the
application and the date and place of the
hearing in the Official Gazette
• The three notices
mandatory.
a. Publication of notice of initial hearing
i. Once in the Official Gazette (this
confers jurisdiction upon the court)
ii. Once in a newspaper of general
circulation
• Purpose of publication:
- To TIFF
confer jurisdiction
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- To charge the whole world with
knowledge of the application of the
land involved, and invite them to take
part in the case and assert and prove
their rights over the subject land
b. Mailing
• Within 7 days after publication of said
notice in the OG, mailing of notice to:
i. Persons named in the notice
ii. Sec. of Public Highways, Provincial
Governor, and Mayor, if the applicant
requests to have the line of a public
way or road determined
iii. Sec. of Agrarian Reform, Solicitor
General, Director of Lands, Director of
Fisheries, and Director of Mines, if the
land borders on a river, navigable
stream, or shore, or on an arm of the
sea where a river or harbor lies
iv. Other persons as the court may deem
proper
c. Posting
• Posting in conspicuous place on
subject land and on bulletin board of
municipal building at least 14 days
before initial hearing
6. Service of notice by the sheriff upon contiguous
owners, occupants and those known to have
interests in the property
7. Filing of answer to the application by any
are defined: person whether named in the notice or not
8. Hearing by the court
9. Promulgation of judgment by the Court
10. Issuance of the decree declaring the decision
final and instructing the LRA to issue a decree
of confirmation and registration
• DECREE– issued by LRA after finality of
judgment; contains technical description of
land.
i. Decrees dismissing application
ii. Decrees of confirmation and
registration
• Subject only to appeal
11. Entry of the decree of registration in the LRA
• 1 year after the date of entry, it becomes
incontrovertible and amendments will not be
required are allowed except clerical errors. It is deemed
conclusive as to the whole world.
• Puts an end to litigation
• Purpose of Torrens system is protected
12. Sending a copy of the decree of registration to
the corresponding ROD
13. Transcription of the decree of registration in the
registration book and issuance of the owner’s
over the land duplicate original certificate of title to the
applicant by the ROD upon payment of the
prescribed fees
NOTE: Noncompliance with the requisites will make
the Certificate of Title (CT) issued invalid and
cancellable by the courts.
WHO MAY APPLY IN ORDINARY REGISTRATION
PROCEEDINGS UNDER PD 1529: OPAL
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1. Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive, notorious possession of
alienable and disposable lands of the public
domain under a bona fide claim of ownership
since June 12, 1945 or earlier
2. Those who acquired ownership of private land
by prescription under the provisions of existing
laws
3. Those who acquired ownership of private lands
or abandoned river beds by right of accession
or accretion under the existing laws
4. Those who have acquired ownership of land in
any manner provided for by law
NOTE: All these persons must be natural-born
Filipino citizens. However, by way of exception
juridical persons may apply for registration of leased
agricultural and disposable lands not exceeding
1,000 hectares in area for a period of 25 years and
renewable for not more than 25 years (Sec. 3,
Article XII, 1987 Constitution), and except when the
land has been previously acquired by prescription by
a natural person and subsequently transferred to a
juridical entity (in this case, a corporation may apply
for judicial confirmation of title).
LIMITATION TO OWNERSHIP OF LAND BY
CORPORATION:
1. Private Lands
a. At least 60% Filipino (Sec. 7, Article XII,
1987 Constitution)
b. Restricted as to extent reasonably
necessary to enable it to carry out purpose
for which it was created
c. If engaged in agriculture, it is restricted to
1,024 hectares.
2. Patrimonial Property of the State (Sec. 3,
Article XII, 1987 Constitution)
a. Lease (CANNOT own land of the public
domain) for 25 years renewable
b. Limited to 1,000 hectares
c. Apply to both Filipinos & foreign
corporations
PERSONS WHO CANNOT PROPERLY FILE AN
APPLICATION FOR REGISTRATIONQuickTime™ and a OF LAND:
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1. Public land sales applicant admits he is not the
owner in his application
2. Mortgagee or his successor-in-interest to the
mortgage when mortgage is assigned (pactum
commissorium)
3. Antichretic creditor since he holds not in the
concept of an owner
4. Person or entity whose claim of ownership to
land had been previously denied in a
reivindicatory action and the right of ownership
thereto of another is upheld by the courts
FORM OF THE APPLICATION
(Sec. 15, PD 1529)
• In writing
• Signed by the applicant or person duly
authorized in his behalf
• Sworn to before an officer authorized to
administer oath for the province or city where
the application was actually signed
• If there is more than 1 applicant, they shall be
signed and sworn to by and in behalf of each.
CONTENTS OF APPLICATION
(Sec. 15, PD 1529): D-CAEM-ARF
1. Description of the land applied for together
with the buildings and improvements; the
plan approved by Director of Lands and the
technical descriptions must be attached
2. Citizenship and civil status of the applicant
• if married, name of spouse, and
• if the marriage has been legally
dissolved, when and how the marriage
relation was terminated
3. Assessed value of the land and the buildings
and other improvements based on the last
assessment for taxation purposes
4. Mortgage or encumbrance affecting the land
or names of other persons who may have an
interest therein, legal or equitable
5. Manner of acquisition of land
6. Full names and addresses of all occupants of
the land and those of the adjoining owners, if
known, and if not known, the applicant shall
state the extent of the search made to find
them
7. If the application describes the land as
bounded by a public or private way or road, it
shall state whether or not the applicant
claims any portion of the land within the limits
of the way or road, and whether the applicant
desires to have the line of way or road
determined (Sec. 20, PD 1529)
8. The court may require facts to be stated in
the application in addition to those prescribed
by the Decree not inconsistent therewith and
may require the filing of additional papers
9. If the applicant is a non-resident of the
Philippines, he shall file an instrument
appointing an agent residing in the Phils. and
shall agree that service of any legal process
shall be of the same legal effect as if made
upon the applicant within the Philippines
(Sec. 16, PD 1529)
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WHERE TO FILE APPLICATION
• GENERAL RULE: RTC of the province or city
where the land is situated.
− File together with application all original
muniments of titles or copies thereof and a
survey plan of the land approved by the
Bureau of Lands
Averia v. Caguioa, 146 SCRA 459 (1986)
PD 1529 has eliminated the distinction between the
general jurisdiction vested in the RTC and the
limited jurisdiction conferred upon it by the former
law when acting merely as land registration court.
Aimed at avoiding multiplicity of suits, the change
has simplified registration proceedings by
conferring upon the RTCs the authority to act not
only on original applications but also those filed
after original registration, with power to hear and
determine all questions arising upon such
applications or petitions.
• If there are several parcels of land situated in
different provinces/cities but belong to one
owner, he must file in RTC of each
province/city where different parcels of land are
located for registration purposes
• EXCEPTION: Delegated jurisdiction of the
MTC to hear and determine cadastral or land
registration cases covering lots where
− there is no controversy or opposition, or
− contested lots, the value of which does not
exceed 100,000
AMENDMENTS IN ORDINARY REGISTRATION
PROCEEDINGS
1. Striking out one or more The court may strike
of the parcels of land out at any time
applied for or by a
severance of the
application
2. Substantial change in New technical
boundaries, increase in description and new
area, inclusion of publication and notice
additional land are necessary
3. Joinder, substitution, or File motion with court
discontinuance of any of
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4. Decrease in area File motion with court;
no need for new
publication or notice
Benin v. Tuason, 57 SCRA 531 (1974)
Under Section 23 of Act 496, the registration court
may allow, or order an amendment of the application
for registration when it appears to the court that the
amendment is necessary and proper.
Under Section 24 of the same act, the court may at
anytime order an application to be amended by
striking out one or more parcels or by severance of
the application. The amendment may be made in
application or in the survey plan, or in both since the
application and survey plan go together.
If the amendment consists in the inclusion in the
application for registration an area or parcel of land
not previously included in the application for
registration of an area or parcel of land not previously
included in the original application, as published, a
new publication of the amended application must be
made. The purpose of the new publication is to give
notice to all persons concerned regarding the
amended application. Without a new publication, the
registration court cannot acquire jurisdiction over the
area or parcel of land that is added to the area
covered by the original application, and the decision
of the registration court would be a nullity insofar as
the decision concerns the newly included land. The
reason is because without a new publication, the law
is infringed with respect to the publicity that is
required in registration proceedings, and third parties
who have not had the opportunity to present their
claim might be prejudiced in their rights because of
failure of notice.
But if the amendment consists in the exclusion of a
portion of the area covered by the original application
and the original plan as previously published, a new
publication is not necessary. In the latter case, the
jurisdiction of the court is not affected by the failure of
a new application.
DOCTRINE OF NON-COLLATERAL ATTACK OF
DECREE OR TITLE
• A decree of registration and registered title
cannot be impugned, enlarged, altered,
modified, or diminished either in collateral or
direct proceeding after the lapse of the 1-year
period prescribed by the law.
If transaction is BEFORE If transaction is AFTER
Issuance of Decree Issuance of Decree
• Record instrument in • Register directly with
ROD in same ROD for purpose of
manner as if no canceling such title
application was and issuing a TCT
made
• Present instrument
to RTC, with a
motion praying that
the same be
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considered in
relation to the
pending application
REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor
3. Apply for the remedy desired
4. Signed and sworn to by him or by some other
duly authorized person
GENERAL DEFAULT SPECIAL DEFAULT
When no person When a party appears at
appears and answers initial hearing without
within time prescribed having filed an answer and
asks court for time to file
answer but failed to do so
within period allowed
JUDICIAL CONFIRMATION OF IMPERFECT OR
INCOMPLETE TITLE UNDER THE PUBLIC LAND
ACT
• In rem, judicial proceedings
• The decree of registration issued is conclusive
and final
• Governed by court procedure and law of
evidence
WHEN TO FILE
• Extended up to December 31, 2020, as
provided in Sec. 2 of RA 9176
Director of Lands v. Abairo, 90 SCRA 422 (1979)
FACTS:
Petitioner contended that CFI of Isabela should have
dismissed the application for registration based on an
imperfect or incomplete title because it has no
jurisdiction over it inasmuch as it was filed on March
1, 1971, that is, after December 31, 1968, the expiry
date for filing such kind of application under RA 2061.
The latest extension of the period to December 31,
2020 within which to file said applications, as
provided in Sec. 2, RA 9176, shall apply where the
area applied for does not exceed 12 hectares.
ISSUE:
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Whether or not the application is valid despite being
filed after the period expired and before the extension
was granted.
HELD:
YES. It is clear from the law itself that those who
applied for judicial confirmation of their title at
any time prior to the cut-off date of December 31,
1976 did so on time, even if such application was
filed during the intervening period from January
1, 1969 to June 18, 1971. Respect should be given
to the obvious intention of the lawmaker in extending
the period for filing such applications time and again,
to give full opportunity to those who are qualified
under the law to own disposable lands of the public
domain and thus reduce the number of landless
among the citizenry.
LIMITATION TO AREA APPLIED FOR:
• Maximum of 12 hectares (Sec. 3, RA 6940)
WHO MAY BE APPLICANTS: FFPL
1. Filipino citizens who by themselves or through
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 acquisition since June 12,
1945, or prior thereto, or ever since time
immemorial (Oh Cho v. Dir. Of Lands, 75 Phil
890 [1946])
2. Filipino citizens who by themselves or through
their predecessors-in-interest have been, prior
to the effectivity of PD 1073 (January 25,
1977), in open, continuous, exclusive and
notorious possession and occupation of
agricultural lands of the public domain under a
bona fide claim of acquisition of ownership, for
at least 30 years, or at least since January 24,
1947 (RA 1942, Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
3. Private corporations or associations which had
acquired lands, formerly part of the alienable
and disposable lands of the public domain,
from Filipino citizens who had possessed the
same in the manner and for the length of time
indicated in 1 and 2 above (Dir. Of Lands v.
IAC and ACME, 146 SCRA 509 [1986]).
4. Natural born citizens of the Philippines who
may have lost their Philippine citizenship, who
have acquired disposable and alienable lands
of the public domain from Filipino citizens who
had possessed the same in the manner and for
the length of time indicated in 1 and 2 above
(Republic v. CA, 235 SCRA 567 [1994]).
NOTE: A private corporation may institute
confirmation proceedings under Sec. 48(b) of CA 141
if at the time of the institution of the registration
proceedings, the land was already private land
(Director of Lands v. IAC and ACME, 146 SCRA
509 [1986]).
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• As long as the land is already considered as
having become “private” through prescription,
a corporation may institute confirmation
proceedings. Having a PRIVATE character
(no longer public), the land would no longer
be barred by the Constitution to be owned by
a corporation. Land has already become
PRIVATE, ipso jure, when previously
acquired by prescription by a natural person.
Natividad v. CA, 202 SCRA 439 (1991)
Determinative of this issue is the character of the
parcels of land – whether they were still public or
already private – when the registration proceedings
were commenced. If they are already private lands,
the constitutional prohibition against acquisitions by a
private corporation would not apply.
WHAT APPLICANT MUST PROVE:
• The land is alienable and disposable land of
the public domain, and
• His possession was for the length of time and
in the manner and concept required by law
NOTE: Form, Contents, Notice, Mailing, Posting
Requirements are the same as those required in
original registration under PD 1529.
Director of Lands v. CA, 106 SCRA 426 (1981)
A judicial declaration that a parcel of land is public,
does not preclude even the same applicant from
subsequently seeking a judicial confirmation of his
title to the same land, provided he thereafter
complies with the provisions of Sec. 48 of CA 141, as
amended and as long as said public land remains
alienable and disposable.
PROOF OF PRIVATE OWNERSHIP: STOP
1. Spanish title (inadmissible and ineffective proof
of ownership in land registration proceedings
filed after Aug. 16, 1976)
2. Tax declarations and tax payments (not
conclusive evidence of ownership, must be
coupled with proof of actual possession for the
period required by law)
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4. Presidential issuances and legislative acts
(constitutive of a fee simple title or absolute title
in favor of the grantee, a law ceding full
ownership to a government institution)
Santiago v. SBMA, GR No. 156888, November 20,
2006
FACTS:
Rodriguez is claiming to be the sole heir and
administrator of the estate of Hermogenes Rodriguez
who, in his lifetime, was the owner of parcels of land
registered in his name under a Spanish title.
Rodriguez leased the parcels of land to Santiago and
Mateo for a period of 50 years. By virtue of the
lease, Santiago is presently occupying the land.
SBMA, on the other hand, is claiming possessory, if
not proprietary, rights over the parcels of land, by
using them for its own commercial and other
purposes.
ISSUE:
Whether or not Spanish Titles are still admissible as
evidence of ownership of lands
HELD:
No.
Although PD 892 reads: “Whereas, Spanish titles to
lands which have not yet been brought under the
operation of the Torrens system, being subject to
prescription, are now ineffective to prove ownership
unless accompanied by proof of actual
possession…,” petitioners cannot claim that they can
still present the Spanish title as proof of ownership
since they were in actual possession.
Actual proof of possession only becomes necessary
because Spanish titles are subject to prescription.
The holder of a Spanish title may still lose his
ownership of the real property to the occupant who
actually possesses the same for the required
prescriptive period. Because of this inherent
weakness, the applicant for registration of his
Spanish title under the Torrens system must also
submit proof that he is in actual possession of the
real property by virtue of prescription. Taking the
law as a whole, it has clearly set a deadline for
the filing of applications for registration of ALL
Spanish titles under the Torrens system (i.e., 6
months from its effectivity or on 14 August 1976),
after which, the Spanish titles may no longer be
presented to prove ownership. Therefore, the
fact that petitioners were in actual possession of
the property when they filed the complaint with
the RTC on April 29, 1996 does not exclude them
from the application of PD 892, and their Spanish
title remain inadmissible as evidence of their
ownership of the property, whether in a land
registration proceeding or in an action to remove
a cloud on or to quiet title. However, this does
not bar holders of Spanish titles from claiming
ownership of real property on some other basis,
such as those provided in PD 1529 or in the
Public Land Act. For sure, Spanish titles can no
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longer be countenanced as indubitable evidence
of land ownership.
JUDGMENT is a decision of court constituting its
opinion after taking into consideration the evidence
submitted.
• It becomes final upon the lapse of 15 days
counted from the receipt of notice of the
judgment.
• However, notwithstanding the lapse of the 15-
day period from receipt of judgment by the
parties, the court continues to retain control
over the case until the expiration of 1 year after
the entry of decree of registration by the LRA
(Republic v. Assosacion Benevola de Cebu,
178 SCRA 692 [1989]).
POST-JUDGMENT INCIDENTS
1. Writ of Possession: order to sheriff to deliver
the land to the successful party litigant; no
prescription against: (1) the loser and (2)
anyone unlawfully and adversely occupying
• When writ may not issue: When a party
entered into property after issuance of final
decree, is not an oppositor in registration
proceeding, and is in possession of land for
at least 10 years
2. Writ of Demolition: the complement of writ of
possession; to demolish improvements
introduced by oppositor or his successor in
interest
MEANS TO RECOVER POSSESSION:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reivindicatoria
DECREE OF REGISTRATION :
• The decree issued by the LRA pursuant to the
order of the court.
• Binds the land, quiets title thereto, subject only
to such exceptions or liens as may be provided
by law
• Conclusive upon all persons including the
government QuickTime™ and a
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CONTENTS OF THE DECREE: DMD-DO
1. Date, hour and minute of its entry
2. Whether the owner is married or unmarried,
and if married, the name of the spouse;
provided that if the land is conjugal property,
the decree shall be issued in the name of both
spouses
3. If the owner is under disability, the nature of
such disability, and if a minor, his age
4. Description of the land and shall set forth the
estate of the owner, and also show their
relative easements, liens, attachments, and
other encumbrances
5. Other matters to be determined in pursuance of
the law
PROCESS OF ISSUING THE OCT:
1. Within 15 days from finality of order of
judgment directing registration of title – court
orders the LRA to issue decree of registration
and certificate of title
2. Clerk of court will send order of court and
copies of judgment
3. Writ of Demolition may be issued. The court
has authority to order, as a consequence of the
writ of possession issued by it, the demolition
of improvements introduced by the defeated
oppositor or his successor-in-interest
4. Administrator will issue a decree of registration
and original and duplicate of OCT that is
signed by the Administrator, entered and file
decree of registration in LRA
5. Send to ROD the original and duplicate of title
and certificate for entry in his registration book
6. Enter in record book, dated, signed, numbered
and sealed to take effect upon date of entry
7. ROD to send notice to registered owner ready
for delivery after payment of fees
8. ROD shall send duplicate and note on each
certificate of title to whom it is issued
9. Original copy to be filed in ROD
10. Bound in consecutive order
ATTRIBUTES AND LIMITATIONS ON
CERTIFICATES OF TITLE AND REGISTERED
LANDS:
1. Free from liens and encumbrances
a. Claims and liens of whatever character
existing against the land prior to the
issuance of the certificate of title are cut off
by such certificate and the certificate so
issued binds the whole world, including the
government.
b. EXCEPTIONS: CNT-PD
i. Those noted on the certificate
ii. Liens, claims, or rights arising or
existing under the laws and the
Constitution, which are not by law
required to appear on record in the
Register of Deeds in order to be valid
iii. Unpaid real estate taxes levied and
assessed within 2 years immediately
preceding the acquisition of any right
over the land by an innocent purchaser
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for value
iv. Any public highway, or private way
established or recognized by law, or
any government irrigation, canal or
lateral thereof, if the certificate of title
does not state the boundaries of such
highway or irrigation canal or lateral
thereof have been determined
v. Any disposition of the property or
limitation on the issue thereof pursuant
to PD 27 or any other law or
regulations on agrarian reform
2. Incontrovertible and indefeasible
a. GENERAL RULE: Upon expiration of 1
year from and after the entry of the decree
of registration in the LRA, the decree and
the corresponding certificate of title
becomes incontrovertible and indefeasible.
b. EXCEPTIONS: PNF
i. If previous valid title of the same land
exists
ii. When land covered is not capable of
registration
iii. When acquisition of certificate is
attended by fraud
Arguelles v. Timbancaya, 72 SCRA 193
(1976)
The rule on the incontrovertible nature of a
certificate of title applies when what is involved
is the validity of the OCT, not when it concerns
that of the TCT.
3. Registered land not subject to prescription
a. Even adverse, notorious and continuous
possession under claim of ownership for
the period fixed by law is ineffective against
a Torrens title (JM Tuason and Co. Inc. v.
CA, 93 SCRA 146 [1979]).
b. The fact that the title to the land was lost
does not mean that the land ceased to be
registered land before the reconstitution of
its title. It cannot perforce be acquired by
prescription (Ruiz v. CA, 79 SCRA 525
[1977]).
c. Laches may be invoked to bar
reconveyance of landandto
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owner only are if needed
thereto see
arethis intervening
picture. rights of
third persons which may be affected or
prejudiced if such land is returned to the
registered owner (De Lucas v. Gamponia,
100 Phil 277 [1956]).
Feliciano v. Spouses Zaldivar, GR No. 162593,
Sep. 26, 2006
FACTS:
Remigia Feliciano filed a complaint against the
spouses Zaldivar for the declaration of nullity of
TCT No. T-17993 and reconveyance of the
property covered therein. The said title is registered
in the name of Aurelio Zaldivar.
Remigia alleged that she was the registered owner
of a lot, part of which is that covered by both the
above TCT and TCT No. 8502. It was originally
leased to Pio Dalman, Aurelio’s father-in-law. She
attempted to mortgage the lot to Ignacio Gil, but the
mortgage did not push through. She vehemently
denies ever executing a joint affidavit confirming
the sale to Gil and insists that TCT No. 8502 was
never lost.
The Zaldivars, on the other hand, claimed that
Aurelio bought the property from Dalman who, in
turn, bought the same from Gil in 1951. Gil
allegedly purchased the property from Remegia,
the sale of which was evidenced by the joint
affidavit of confirmation of sale that Remegia and
her uncle purportedly executed before a notary
public in 1965. Aurelio then filed a petition for the
issuance of a new owner’s duplicate copy of TCT
No. T-8502 because when they asked Remegia
about it, she claimed it had been lost. A petition for
partial cancellation of the said TCT was granted
and TCT No. 17993 was issued in Aurelio’s name.
They also allege that they and their predecessors-
in-interest have been occupying the said property
since 1947, openly, publicly, adversely, and
continuously or for 41 years already.
ISSUE:
Who is the real owner of the subject lot?
HELD:
Remegia is the real owner.
With respect to the claim of acquisitive
prescription, it is baseless when the land
involved is a registered land since no title to
registered land in derogation of that of the
registered owner shall be acquired by adverse
possession. Consequently, proof of possession
by the Zaldivars is both immaterial and
inconsequential.
Neither can the spouses rely on the principle of
indefeasibility of TCT No. 17993 by virtue of the
fact that TCT No. 8502 in the name of Remegia
has remained valid. Remegia’s title, thus,
prevails over Aurelio’s, especially considering
that the latter was correctly nullified by the RTC
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as it emanated from the new owner’s duplicate
TCT No. 8502, which, in turn, was procured by
Aurelio through fraudulent means.
Laches has not set in against Remegia as she
merely tolerated the occupation by the
Zaldivars of the subject lot. Therefore,
Remegia’s right to recover possession was
never barred by laches.
4. Certificate of title not subject to collateral
attack
a. Sec. 48 of PD 1529 provides that “a
certificate of title shall not be subject to
collateral attack. It cannot be altered,
modified, or cancelled except in a direct
proceeding in accordance with the law.”
5. Torrens Certificate presumed valid and
devoid of flaws
a. GENERAL RULE: Torrens Certificate of
Title is presumed to have been regularly
issued, valid, and without defects. The
buyer has the right to rely upon the face of
the Torrens title and dispense with the
trouble of inquiring further.
b. EXCEPTION: When he has actual
knowledge of facts and circumstances that
would impel a reasonably cautious man to
make inquiry.
Erasusta, Jr. v. CA, GR No. 149231, July 17, 2006
FACTS:
Lucena de los Reyes (petitioner’s mother) sold 2
lots to Fortunato Amorin. Amorin took possession
of such properties. Later, however, Pacific Bank
demanded that the Amorins vacate the properties,
claiming that such property had been foreclosed by
such Bank. As it turned out De Los Reyes was
deceived by a certain Benjamin Valenzuela, to
whom she entrusted the documents evidencing her
rights over the lots, the latter fraudulently
transferred the rights over the lots to his name.
Valenzuela mortgaged such properties to Pacific
Bank. Respondent Bank foreclosed and bought the
properties. The Amorins filed an action for
Recovery of Ownership with Damages. CA
declared respondent Bank an and
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for value entitled toarethe protection
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better right over the lots than the Amorins.
ISSUE:
Whether or not the Bank is an innocent purchaser
for value whose title must be upheld.
HELD:
NO. While, it is a familiar doctrine that a forged or
fraudulent document may become the root of a
valid title, if the property has already been
transferred from the name of the owner to that of
the forger, the same is not true. This doctrine
serves to emphasize that a person who deals with
registered property in good faith will acquire good
title from a forger and be absolutely protected by a
Torrens title.
It cannot be overemphasized that respondent
Bank, being in the business of extending loans
secured by real estate mortgage, is familiar with
rules on land registration. As such, it was, as here,
expected to exercise more care and prudence than
private individuals in their dealing with registered
lands. Accordingly, given inter alia the suspicion-
provoking presence of occupants other than the
owner on the land to be mortgaged, it behooved
respondent Bank to conduct a more exhaustive
investigation on the history of the mortgagor’s title.
That respondent Bank accepted in mortgage the
property in question notwithstanding the existence
of structures on the property and which were in
actual, visible and public possession of a person
other than the mortgagor, constitutes gross
negligence amounting to bad faith.
In the absence of such inquiry, the respondent
Bank cannot and should not be regarded as a
mortgagee/purchaser in good faith.
6. General incidents of registered land
• Registered land or the owners thereof are
not relieved from the following:
a. From any rights incident to the relation
of husband and wife, landlord and
tenant
b. From liability to attachment or levy on
execution
c. From liability to any lien of any
description established by law on the
land and buildings thereon, or in the
interest of the owner in such land or
buildings
d. From any right or liability that may arise
due to change of the law on descent
e. From the rights of partition between co-
owners
f. From the right of the government to
take the land by eminent domain
g. From liability to be recovered by an
assignee in insolvency or trustee in
bankruptcy under the laws relative to
preferences
h. From any other rights or liabilities
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created by law and applicable to been executed even

unregistered land without his knowledge or
7. Where certificate of title is obtained by a against his consent
trustee • Sale • Attachment
a. Trustee who obtains a Torrens title in his • Real property mortgage • Injunction
name, over property held in trust by him • Lease • Mandamus
for another cannot repudiate the trust • Pacto de retro sale • Sale on execution of
relying on the registrations, such being • Extra-judicial settlement judgment or sales for
one of the limitations upon the finality of • Free patent/homestead taxes
title • Powers of attorney • Adverse claims
b. Trustee could not perforce legally convey • Trusts • Notice of lis pendens
ownership of the registered property in An innocent purchaser for Entry thereof in the day
her will for she is not the absolute owner value of registered land book of the ROD is
thereof becomes the registered sufficient notice to all
owner the moment he persons even if the
SUBSEQUENT REGISTRATION presents and files a duly owner’s duplicate
• Where incidental matters after original notarized and valid deed certificate of title is not
registration may be brought before the land of sale and the same is presented to the ROD
registration court by way of motion or petition entered in the day book
filed by the registered owner or a party in and at the same time he
interest. surrenders or presents
• Rules as to the necessity and effects of the owner’s duplicate
registration in general certificate of title covering
1. Except a will that purports to convey or the land sold and pays
affect a registered land, the mere execution the registration fees
of the deeds of sale, mortgage, or lease or Need to present title to No presentation
other voluntary documents serve only 2 record the deed in registry required; annotation in
purposes: & to make memorandum entry book is sufficient
a. as a contract between the parties on title
thereto, and
b. as evidence of authority to the ROD to VOLUNTARY DEALINGS
register such documents Operative Act: registration by owner, if deed is not
2. It is only the act of registering the registered, it is binding only between parties
instrument in the ROD of the province or • GENERAL RULE: Where there is nothing on
city where the land lies which is the the certificate of title to indicate any cloud or
operative act that conveys ownership or vice in the ownership of the property, or any
affects the land insofar as third persons are encumbrance thereon, the purchaser is not
concerned. required to explore further than what the
3. The act of registration creates a Torrens title upon its face indicates in quest for
constructive notice to the whole world of any hidden defect or inchoate right that may
such voluntary or involuntary instrument or defeat his right thereto (Fule v. Legare, 7
court writ or process. SCRA 351 [1963]).
• Every person dealing with registered land may
VOLUNTARY INVOLUNTARY safely rely on the correctness of the certificate
DEALINGS DEALINGS of title issued therefore and the law will in no
Refer to deeds, Refer to such writ or way oblige him to go behind the certificate to
instruments, or orderandora process issued
QuickTime™
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documents which areare needed toby ascourt
see thi picture. of record
a decree in a registration proceeding is infected
results of the free and affecting registered land with nullity, still, an innocent purchaser for
voluntary acts of the which by law should be value relying on a Torrens title issued in
parties thereto registered to be pursuance thereof is protected (Cruz v. CA &
effective, and also to Suzara, 281 SCRA 491 [1997]).
such instruments which • Although generally a forged or fraudulent deed
are not the willful acts of is a nullity and conveys no title, however, there
the registered owner are instances where such a fraudulent
and which may have document may become the root of a valid title.

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One such instance is where the certificate of
title was already transferred from the name of
the true owner to the forger, and while it
remained that way, the land was subsequently
sold to an innocent purchaser (Fule v. Legare,
7 SCRA 351 [1963]).
• EXCEPTIONS: BOB-IM-LK
1. Where the purchaser or mortgagee is a
bank/financing institution, the general rule
that a purchaser or mortgagee of the land
is not required to look further than what
appears on the face of the title does not
apply (Dela Merced v. GSIS, 365 SCRA 1
[2001]).
2. The ruling in Fule v. Legare cannot be
applied where the owner still holds a valid
and existing certificate of title covering the
same property because the law protects
the lawful holder of a registered title over
the transfer of a vendor bereft of any
transmissible right (Tomas v. Tomas, 98
SCRA 280 [1980]).
3. Purchaser in bad faith (Egeo v. CA, 174
SCRA 484 [1989])
4. Sufficiently strong indications to impel
closer inquiry into the location, boundaries,
and condition of the lot (Francisco v. CA,
153 SCRA 330 [1987]).
5. Where a person buys land not from the
registered owner but from one whose rights
to the land has been merely annotated on
the certificate of title (Quiniano v. CA, 39
SCRA 221 [1971]).
6. Purchases land with a certificate of title
containing a notice of lis pendens
7. Purchaser had full knowledge of flaws and
defects in the title (Bernales v. IAC, 166
SCRA 519, [1988]).
PROCESS OF REGISTRATION: (GENERALLY)
1. File the instrument creating or transferring the
interest and the certificate of title with ROD,
including:
a. Owner’s duplicate
b. Payment of fees and documentary stamp
tax
c. Evidence of full QuickTime™
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d. Document of transf
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ee this additional copy for
city/provincial assessor
2. ROD shall make a memorandum on the
certificate of title, signed by him
3. Issuance of the TCT
REGISTRATION OF REAL PROPERTY
MORTGAGE:
1. Execution of deed in a form sufficient in law
(public instrument)
2. Registration with ROD where the land lies
a. Present deed of mortgage together with
b. Owner’s Duplicate and affidavit of good
faith
c. Payment of fees
d. ROD shall enter upon original certificate of
title and upon duplicate a memorandum
(date, time of filing, signature, file number
assigned to deed)
e. ROD to note on the deed the date and time
of filing, and reference to volume and page
of the registration book in which it was
registered
3. No duplicate need be issued
REGISTRATION OF CHATTEL MORTGAGE:
1. Execution of document
2. Present the document together with affidavit of
good faith
3. Payment of fees
4. ROD enters in Day Book in strict order of their
presentation chattel mortgages and other
instruments relating thereto (primary process)
5. ROD thereafter enters in a more detailed form
the essential contents of the instrument in the
Chattel Mortgage Register (complementary
process)
EFFECT OF REGISTRATION:
1. Creates a lien that attaches to the property in
favor of the mortgagee
2. Constructive notice of his interest in the
property to the whole world
EFFECT OF FAILURE TO REGISTER:
• Valid between parties but void against 3rd
persons
• If instead of registration, it is delivered, it shall
be a pledge and not a chattel mortgage (if no
chattel mortgage deed executed)
• Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH:
• Statement that:
1. Mortgage is made to secure obligation
specified
2. That it is a valid and just obligation
3. That it is not entered into for purposes of
fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD
FAITH:
• Vitiates mortgage as against creditors and
subsequent encumbrancers
• Mortgage is not valid as between parties
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• No need to be in public document
REGISTRATION OF LEASE
• It is the lessee, not the lessor, who is required
to initiate the registration.
1. File with ROD the instrument creating lease
together with owner’s duplicate of certificate of
title
2. ROD to register by way of memorandum upon
certificate of title
3. No new certificate shall be issued
NOTE: When there is prohibition in mortgaged
property as regards subsequent conveyances, etc.,
leasehold cannot be registered in the title thereof
EFFECT OF REGISTRATION:
1. Creates a real right but without prejudice to rights
of 3rd persons
2. If it is not registered, it is valid as between parties
but not to 3rd persons without notice
MAY ALIENS REGISTER LEASE? YES
1. May be granted temporary rights for
residential purposes
2. Limit: 25 years, renewable for another 25
years
WHO ELSE MAY REGISTER? Builder in Good Faith
REGISTRATION OF TRUST
1. Implied Trust: present a sworn statement
claiming interest by reason of an implied trust
with description of land and reference to the
number of certificate shall be registered in
ROD
2. Express Trust: instrument creating the trust
does not prohibit registration
REGISTRATION OF APPOINTED TRUSTEE BY
COURT
• Certified copy of decree shall be presented to
ROD and surrender duplicate certificate
• Cancel duplicate & new certificate shall be
entered by ROD
INVOLUNTARY DEALINGS: QuickTime™ and a
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• Transactions areaffecting land
needed to see this picture.
in which
cooperation of registered owner is not needed,
or even against his will
1. ATTACHMENT
• A writ issued at the institution or during
progress of an action commanding the sheriff
to attach the property, rights, credits, or
effects of the defendant to satisfy demands
of the plaintiff
• Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
REGISTRATION OF ATTACHMENT/OTHER
LIENS:
1. Copy of writ in order to preserve any lien, right,
or attachment upon registered land may be
filed with ROD where land lies, containing
number of certificate of title of land to be
affected or description of land
2. ROD to index attachment in names of both
plaintiff and defendant or name of person for
whom property is held or in whose name
stands in the records
3. If duplicate of certificate of title is not
presented:
a. ROD shall, within 36 hours, send notice to
registered owner by mail stating that there
has been registration and request him to
produce duplicate so that memorandum
may be made
b. If the owner neglects or refuses to comply,
the ROD shall report the matter to the court
c. The court, after notice, shall enter an order
to owner to surrender certificate at the time
and place named therein
4. Although notice of attachment is not noted in
duplicate, notation in book of entry of ROD
produces the effect of registration already.
EFFECTS OF REGISTRATION OF ATTACHMENT:
REEA
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments, one that is
earlier in registration is preferred
4. If it is not registered, actual knowledge is the
same as registration
2. EXECUTION SALE
• To enforce a lien of any description on
registered land, any execution or affidavit to
enforce such lien shall be filed with ROD
where land lies
• Register in registration book & memorandum
upon proper certificate of title as adverse
claim or as an encumbrance
• To determine preferential rights between 2
liens: priority of registration of attachment
a. TAX SALE
• Sale of land for collection of delinquent
taxes and penalties due the government
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• In personam (all persons interested shall
be notified so that they are given an
opportunity to be heard)
• Notice to be given to delinquent tax
payer at his last known address
• Publication of notice must also be made
in English, Spanish, and local dialect,
posted in a public and conspicuous place
in the place where the property is
situated and at the main entrance of the
provincial building
• Sale cannot affect rights of other lien
holders unless given the right to defend
their rights: due process must be strictly
observed
• Tax lien superior to an attachment
• There is no need to register a tax lien
because it is automatically registered
once the tax accrues
• But the sale of registered land to
foreclose a tax lien needs to be
registered
PROCEDURE OF REGISTRATION OF TAX SALE:
1. Officer’s return shall be submitted to the ROD
together with the owner’s duplicate title
2. Register in the registration book
3. Memorandum shall be entered in the certificate
as an adverse claim or encumbrance
4. After a period of redemption has expired and
no redemption made (2 years from registration
of auction sale), title must be cancelled and
new title will be issued
5. Before the cancellation, notice shall be sent to
registered owner, to ask him to surrender title
and show cause why it shall not be cancelled
3. ADVERSE CLAIM
Sajonas v. CA, 258 SCRA 79 (1996)
ADVERSE CLAIM is a notice to third persons
that someone is claiming an interest on the
property or has a better right than the registered
owner thereof. The disputed land is subject to the
outcome of the dispute.
• Claim is adverse when:
1. A claimant’s right or interest
QuickTime™ and a
TIFF (Uncompressed) decompressor
in registered
land is adverse to the registered owner;
are needed to see this picture.
2. Such right arose subsequent to date of
original registration
3. No other provision is made in the Decree
for the registration of such right or claim
(Sec. 70, PD 1529)
Sanchez v. CA, 69 SCRA 327 (1976)
A mere money claim cannot be registered as an
adverse claim.
• Actual knowledge is equivalent to registration
of adverse claim.
• No 2nd adverse claim based on the same
ground may be registered by the same
claimant.
FORMAL REQUISITES OF AN ADVERSE CLAIM
FOR PURPOSES OF REGISTRATION: WNR
a. Adverse claimant must state the following in
writing:
1. his alleged right or interest
2. how and under whom such alleged right or
interest is acquired
3. the description of the land in which the right
or interest is claimed
4. the certificate of title number
b. Such statement must be signed and sworn to
before a notary public
c. Claimant shall state his residence or place to
which all notices may be served upon him
NOTE: Noncompliance with said formal requisites
renders such adverse claim non-registrable and
ineffective.
PERIOD OF EFFECTIVITY; WHEN CANCELLED
• The adverse claim shall be effective for a
period of 30 days from the date of registration
and it may be cancelled:
a. After the lapse of 30 days, upon the filing
by the party-in-interest of a verified petition
for such purpose
b. Before the lapse of said 30 days, upon the
filing by the claimant of a sworn petition
withdrawing his adverse claim
c. Before the lapse of the 30-day period,
when a party-in-interest files a petition in
the proper RTC for the cancellation of the
adverse claim and, after notice and
hearing, the court finds that the claim is
invalid. If the court also finds the claim to
be frivolous, it may fine the claimant the
amount of not less than 1,000 pesos nor
more than 5,000 pesos, in its discretion
Diaz-Duarte v. Ong, 298 SCRA 388 (1998)
For this purpose, the interested party must file with
the proper court a petition for cancellation of adverse
claim, and a hearing must also first be conducted.
The Register of Deeds cannot on its own
automatically cancel the adverse claim.
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Ty Sin Tei v. Dy Piao, 103 Phil 858, G.R. No. 11271,
May 28, 1958
An adverse claim may exist concurrently with a
subsequent annotation of a notice of lis pendens.
Villaflor v. Juezan, 184 SCRA 315 (1990)
When an adverse claim exists concurrently with a
notice of lis pendens, the notice of adverse claim may
be validly cancelled after the registration of such
notice, since the notice of lis pendens also serves the
purpose of the adverse claim.
4. NOTICE OF LIS PENDENS
Heirs of Marasigan v. IAC, 152 SCRA 253 (1987)
The purpose of the notice of lis pendens is to
constructively advise, or warn all people who deal
with the property that they so deal with it at their own
risk, and whatever rights they may acquire in the
property in any voluntary transaction are subject to
the results of the action, and may well be inferior and
subordinate to those which may be finally determined
and laid down therein.
• It merely creates a contingency and not a lien
WHEN NOTICE OF LIS PENDENS IS PROPER:
RQCPO
1. To recover possession of real estate
2. To quiet title thereto
3. To remove clouds upon the title thereof
4. For partition, and
5. Any other proceeding of any kind in court
directly affecting the title to the land or the use
of occupation thereof or the building thereon.
EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in
dispute during the pendency of the suit
2. It may still be alienated but the purchaser is
subject to the final outcome of pending suit
3. ROD is duty-bound to carry over notice of lis
pendens on all new titles to be issued
CANCELLATION OF LIS PENDENS: M-NUVD
• Before final judgment, the court may order
the cancellation: QuickTime™ and a
TIFF (Uncompressed) decompressor
1. After showing that notice
are needed is picture.
to see this only for purpose of
molesting an adverse party
2. When it is shown that it is not necessary to
protect the right of the party who caused the
registration thereof
3. When the consequences of the trial are
unnecessarily delaying the determination of the
case to the prejudice of the other party
4. ROD may also cancel by verified petition of
party who caused such registration
5. Deemed cancelled when certificate issued by
clerk of court stating manner of disposal of
proceeding is registered
LIS PENDENS HAS NO APPLICATION TO THE
FOLLOWING:
1. Preliminary attachment
2. Proceedings for the probate of wills
3. Levies on execution
4. Proceedings for administration of estate of
deceased persons and
5. Proceedings in which the only object is the
recovery of a money judgment
OTHER PARTIES WHO NEED TO REGISTER:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING
FOR INSOLVENCY
• Duty of the officer serving notice to file
copy of notice to ROD where the property
of debtor lies
• Assignee elected or appointed by court
shall be entitled to entry of a new certificate
of registered land upon presentment of
copy of assignment with the bankrupt’s
duplicate certificate of title
• New certificate shall not state that it is
entered to him as assignee or trustee in
insolvency proceedings
Judgment/Order Vacating Insolvency
Proceedings
• Order shall also be registered
• Surrender title issued in name of
assignee & debtor shall be entitled to
entry of new certificate
2. GOVERNMENT IN EMINENT DOMAIN
• Copy of judgment filed in ROD which
states description of property, certificate
number, interest expropriated, nature of
public use
• Memorandum shall be made or new
certificate of title shall be issued
CADASTRAL REGISTRATION is a proceeding in
rem initiated by the filing of a petition for registration
by the government, not by the persons claiming
ownership of the land subject thereof, and the latter
are, on the pain of losing their claim thereto, in effect,
compelled to go to court to make known their claim or
interest therein and to substantiate such claim or
interest
• The government does not seek registration of
the land in its own name
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• The objective of the proceeding is the Purpose Petitioner Government

adjudication of title to the lands involved in the comes to court asks the court to
proceeding to confirm his settle and
title and seeks adjudicate the
PROCEDURE: NN-CP-PAHD-DI the registration title of the land
1. Notice of cadastral survey published once in of the land in his
OG and posted in conspicuous place with a name
copy furnished to the mayor and barangay Person who Landowner Government
captain requests the
2. Notice of date of survey by the Bureau of Land survey
Management and posting in bulletin board of Effect of • no adverse • if none of the
the municipal building of the municipality or judgment claim applicants can
barrio, and he shall mark the boundaries of the • if the applicant prove that he is
lands by monuments set-up in proper places fails to prove his entitled to the
thereon title, his land, the same
3. Cadastral survey application may shall be
4. Filing of petition be dismissed declared public
5. Publication (twice in successive issues of OG), without (res judicata)
mailing, posting prejudice (no
6. Filing of answer res judicata)
7. Hearing of the case
8. Decision PATENTS
9. Issuance of the decree and certificate of title CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
• The classification is the exclusive prerogative
NOTE: The cadastral court is not limited to mere of executive and not by judiciary
adjudication of ownership in favor of one or more • Anyone who applies for confirmation of
claimants. If there are no successful claimants, the imperfect title has the burden of proof to
property is declared public land. Additionally, while overcome the presumption that the land sought
the court has no jurisdiction to adjudicate lands to be registered forms part of public domain
already covered by a Certificate of Title, it is (Regalian doctrine)
nonetheless true that this rule only applies where
there exists no serious controversy as to the UNDER THE CONSTITUTION:
certificate’s authenticity vis-à-vis the land covered 1. Agricultural – only one subject to alienation
therein (Republic v. Vera, 120 SCRA 210 [1983]). 2. Forest or timber
3. Mineral lands
PD 1529 Cadastral 4. National park
Nature Voluntary Compulsory UNDER THE PUBLIC LAND ACT:
Applicant Landowner Director of 1. Alienable/disposable:
Lands a. Agricultural
Lands covered • usually • all classes of b. Residential, commercial, industrial
involves private lands are c. Educational, charitable
land included d. Town sites and for public and quasi-
• it may also public uses
refer to public 2. Timber lands: inalienable
agricultural 3. Mineral lands: inalienable
lands if the • If patent or title is issued, it is void ab
object ofQuickTim
the e™ and a
TIFF (Uncompressed) decompressor initio for lack of jurisdiction
action is to see this picture.
are needed
• It is not subject to acquisitive prescription
confirmation of even if in possession for long time, it will
an imperfect title not ripen into ownership
Parties Applicant and Government, • Except: mineral lands and forest lands
opponent Landowners acquired before inauguration of
must come to Commonwealth in November 15, 1935
court as because there are vested rights which
claimants of are protected
their own lands

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1. Action for partition because it is not a

FISHPONDS conveyance
• Before: It was included in the definition of 2. Alienations or encumbrances made in favor of
agriculture, therefore the conversion of the government
agricultural land to fishponds did not change
character of land ERRING HOMESTEADER NOT BARRED BY PARI
• Now: It has a restricted meaning; Fishponds DELICTO
have a distinct category and cannot be • Pari delicto rule does not apply in void
alienated but may be leased from government contracts
• Violation of prohibition results in void contract
WHEN GOVERNMENT GRANT DEEMED • Action to recover does not prescribe
ACQUIRED BY OPERATION OF LAW:
1. Deed of conveyance issued by government KINDS TO WHOM REQUIREMENTS
patent/grant GRANTED
2. Registered with the ROD: mandatory, it is the HOMESTEAD To any • does not own
operative act to convey and transfer title PATENT Filipino more than 12
3. Actual physical possession, open and citizen over hectares of land in
continuous the age of 18 the Philippines or
• Land ceased to be part of public domain & years or has not had the
now ownership vests to the grantee head of a benefit of any
• Any further grant by Government on same family gratuitous
land is null and void allotment of more
• Upon registration, title is indefeasible than 12 hectares
• must have
TITLE ISSUED PURSUANT TO REGISTRATION resided
OF PATENT: continuously for at
1. Indefeasible when registered, and deemed least 1 year in the
incorporated with Torrens system 1 year after municipality where
the issuance of patent the land is situated
2. May not be opened 1 year after entry by LRA • must have
(otherwise, confusion and uncertainty on the cultivated at least
government system of the distribution of 1/5 of the land
public lands may arise and this must be applied for
avoided) FREE PATENT To any • does not own
Except: if it is annullable on ground of fraud, natural born more than 12
then it may be reopened even after 1 year citizen of the hectares of land
because registration does not shield bad faith Philippines • has continuously
• The court, in the exercise of its equity (filing ended occupied and
jurisdiction, may direct reconveyance Dec. 31, cultivated, either
even without ordering cancellation of title 2000) by himself or his
predecessors-in-
HOMESTEAD RESTRICTIONS: interest, tracts of
1. Cannot be alienated within 5 years after disposable
approval of application for patent agricultural public
2. Cannot be liable for satisfaction of debt within 5 land for at least 30
years after approval of patent application years prior to
3. Subject to repurchase ofdechompressor
eirs within 5 years
QuickTime™ and a
TIFF (Uncompressed)
March 28,1990
after alienation are
whenneeded to see this picture.
allowed already • paid real property
4. No private corporation, partnership, association taxes on the
may lease land unless it is solely for property while the
commercial, industrial, educational, religious or same has not
charitable purpose, or right of way (subject to been occupied by
consent of grantee and approval of Secretary any person
of Environment & Natural Resources) • grant will be
limited to 12
EXCEPTIONS: hectares only

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SALES Citizens of • to have at least resided therein

PATENT the 1/5 of the land • no public auction
Philippines of broken and required
lawful age or cultivated within 5 • not subject to
head of the years from the any restriction
family may date of the award against
purchase (public auction) encumbrance or
public • shall have alienation
agricultural established actual SPECIAL To Non- • Secretary of the
land of not occupancy, PATENT Christian DILG shall certify
more than 12 cultivation, and Filipinos that the majority of
hectares improvement of at under the the non-Christian
least 1/5 of the Public Land inhabitants of any
land until the date Act given reservation
of such final have advanced
payment sufficiently in
• for agricultural civilization
lands suitable for
residential, PROCEDURE FOR REGISTRATION OF PUBLIC
commercial or LANDS: IFEFI
industrial 1. Official issues an instrument of conveyance
purposes, patent 2. File the instrument with ROD
is issued only 3. Instrument is to be entered in books and
after: owner’s duplicate to be issued
1.) full payment of • Instrument is only a contract between
purchase price, Government and private person and
and does not take effect as conveyance if
2.) completion of unregistered, it is registration which is
the construction of operative act of conveying land; evidence
permanent of authority for ROD to register
improvements 4. Fees to be paid by grantee
appropriate for 5. After issuance of certificate of title, land is
purpose for which deemed registered land within the purview of
the land is the Torrens system
purchased (must
be completed RESTRICTION ON ALIENATION/ENCUMBRANCE
within 18 months OF LANDS TITLED PURSUANT TO PATENTS:
from date of 1. Lands under free patent or homestead patent
award) is prohibited from being alienated/encumbered,
To any • does not own a except if in favor of the government, within 5
citizen of home lot in the years from and after the issuance of the patent
legal age for municipality in or grant (Republic v. Heirs of Felipe Alejaga,
residential which he resides Sr., 393 SCRA 361 [2002])
purposes • in good faith, 2. Transfer or conveyance of any homestead after
established his 5 years and before 25 years after the issuance
residence on a of the title without the approval of the DENR
QuickTime™ and parcel
a
TIFF (Uncompressed) decompressor
of land of Secretary
are needed to see this ppublic
icture. domain not 3. Lands acquired under emancipation patents
needed for public issued to landless tenants and farmers must
service not be alienated or encumbered within 10
• not more than years from issuance of the title
1000 sq. m. 4. Conveyances and encumbrances made by
• occupant must persons belonging to the “non-Christian tribes”
have constructed may be made only when the person making the
his house on the conveyance or encumbrance is able to read
land and actually and understand the language in which the

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instrument or deed is written. If illiterate, must REMEDIES AVAILABLE TO AGGRIEVED PARTY

be approved by the then Commissioner of IN REGISTRATION PROCEEDINGS
Mindanao and Sulu MOTION TO • before judgment
LIFT/SET ASIDE • FAME and with valid defense
NATURE OF TITLE TO PUBLIC LANDS ORDER OF DEFAULT • under oath
CONVEYED: INDEFEASIBLE AND CONCLUSIVE MOTION FOR NEW • 15 days from notice of
• In absence of registration, title to public land is TRIAL judgment
not perfected and therefore not indefeasible GROUNDS:
• In case of 2 titles obtained on same date, the a. Fraud, accident, mistake,
one procured through a decree of registration excusable negligence
is superior than patent issued by director of (FAME) which ordinary
lands prudence could not have
• 2 titles procured by one person: one from guarded against
homestead patent, and one from judicial b. Newly discovered evidence
decree and sold to 2 different persons, the one c. Award of excessive
who bought it for value and in good faith and damages, or insufficiency
who registered first shall have preference of evidence to justify
decision, or that the
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA decision is against the law
361 (2002) APPEAL • 15 days from notice of
A free patent obtained through fraud or judgment
misrepresentation is void. Furthermore, the one-year • To the CA/SC
prescriptive period provided in the Public Land Act RELIEF FROM • 60 days after petitioner learns
does not bar the State from asking for the reversion JUDGMENT of judgment, but not more than
of property acquired through such means. 6 months after judgment was
entered
Once a patent is registered and the corresponding REQUISITES:
certificate of title issued, the land covered by them a. FAME, with affidavit of
ceases to be part of the public domain and becomes merit; in case of extrinsic
private property. Further, the Torrens Title issued fraud, state that deprived of
pursuant to the patent becomes indefeasible a year hearing or prevented from
after the issuance of the latter. However, this appealing
indefeasibility of a title does not attach to titles b. After judgment
secured by fraud and misrepresentation. Well-settled c. Person deprived of right is
is the doctrine that the registration of a patent under party to case
the Torrens System does not by itself vest title; it PETITION FOR • Within 1 year after entry of
merely confirms the registrant’s already existing one. REVIEW OF decree of registration
Verily, registration under the Torrens System is not a REGISTRATION • it will not prosper if transferred
mode of acquiring ownership. DECREE to innocent purchaser for value
GROUNDS:
Therefore, under Section 101 of Commonwealth Act a. actual or extrinsic fraud,
No. 141, the State -- even after the lapse of one year committed outside trial,
-- may still bring an action for the reversion to the preventing petitioner from
public domain of land that has been fraudulently presenting his side
granted to private individuals. Further, this b. fatal infirmity in the decision
indefeasibility cannot be a bar to an investigation by for want of due process
the State as to howTIFF
the title has been
QuickTime™ and a
(Uncompressed) decompressor
acquired, if the c. lack of jurisdiction of the
purpose of the investigation is to determine whether
are needed to see this picture. court
fraud has in fact been committed in securing the title. REQUISITES:
Section 118 of Commonwealth Act No. 141 a. Petitioner has a real and
proscribes the encumbrance of a parcel of land dominical right
acquired under a free patent or homestead within five b. He has been deprived of
years from its grant. The prohibition against any such right
alienation or encumbrance of the land grant is a c. Through actual or extrinsic
proviso attached to the approval of every application. fraud
d. The petition is filed within 1

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year from the issuance of entry or memorandum in

the decree the registration book
e. The property has not been d. There was no negligence
passed on to an innocent on his part
purchaser for value e. He is barred or precluded
ACTION FOR • available so long as property under the provisions of PD
RECONVEYANCE not yet passed to innocent 1529 or under the
purchaser for value provisions of any law from
• by aggrieved party, whose bringing an action for the
land was registered wrongly to recovery of such land or the
another person estate or interest therein;
• before issuance of decree, or f. The action has not
within/after 1 year from entry prescribed: must be
• action in personam instituted within a period of
• if based on implied trust, it 6 years from the time the
must be instituted within 10 right to bring such action
years, and imprescriptible if by first occurred-which is the
registered owner or his date of issue of the
children, co-heir, or plaintiff in certificate of title
possession g. Execution first against
• if based on expressed trust person responsible for
and void contract, fraud; if insolvent, against
imprescriptible national treasury
• if based on fraud, it must be CANCELLATION • Where 2 certificates are
instituted within 4 years from SUITS issued to different persons
the discovery of the fraud covering the same land, the
RECOVERY FOR REQUISITES: title earlier in date must
DAMAGES a. Person is wrongfully prevail, unless procured by
deprived of his land by fraud or is jurisdictionally
registration in name of flawed
another (actual or • The later title should be
constructive fraud declared null and void and
b. No negligence on his part ordered cancelled
c. Barred/ precluded from • It is the aggrieved party that
bringing an action (after 1 institutes the action
year from decree) • In case of non-registered
d. Action for compensation land, must be filed by the
has not prescribed OSG for cancellation of title
ACTION FOR REQUISITES: or reversion to State
COMPENSATION a. The aggrieved party • Voiding or cancellation of
FROM THE sustained loss or damage, OCT does not affect
ASSURANCE FUND* or is deprived land or any derivative TCTs if their
estate or interest therein holders not given
b. Such loss, damage or opportunity to be heard and
deprivation was occasioned defend their title
by the bringing of the land ANNULMENT OF • May only be availed of
under
QuickTime™the andoperation
a
TIFF (Uncompressed) decompressor
of the JUDGMENT when the ordinary remedies
are neeTorrens
ded to see this system
picture. or arose of new trial, petition for
after the original registration relief, or other appropriate
of the land remedies are no longer
c. The loss, damage or available through no fault of
deprivation was due to the petitioner (Linzag v.
fraud, or any error, CA, 291 SCRA 304
omission, mistake, or [1998]).
misdescription in any REVERSION SUIT • The objective is the
certificate of title or in any

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cancellation of the
certificate of title and the
consequential reversion of
the land covered in the land
grant to the State
• GROUNDS:
a. Violation of Sections
118, 120, 121 and 122
of the Public Land Act
(ex. alienation or sale of
homestead executed
within the 5 year
prohibitory period)
b. When land patented
and titled is not capable
of registration
c. Failure of the grantee to
comply with conditions
imposed by law to
entitle him to a patent or
grant
d. When area is an
expanded area
e. When the land is
acquired in violation of
the Constitution (e.g.
land acquired by an
alien)
• Indefeasibility of title,
prescription, laches, and
estoppel do not bar
reversion suits
QUIETING OF TITLE • Brought to remove clouds
on the title to real property
or any interest therein, by
reason of any instrument,
record, claim,
encumbrance, or
proceeding which is
apparently valid or effective
but is in truth and in fact
invalid, effective, voidable
or unenforceable, and may
be prejudicial to said title
(Art. 476, Civil Code)
• An ordinary civil remedy
TIFF•(UncoAside
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mpressed) decompressor
are needed to see this picture.
owner, a person who has
an equitable right or
interest in the property may
likewise file such action
(Mamadsul v. Moson, 190
SCRA 82 [1990])
• Imprescriptible if plaintiff is
in possession; if not, must
be brought within 10 years
from loss of possession
CRIMINAL ACTION • The State may criminally
prosecute for perjury the
party who obtains
registration through fraud,
such as by stating false
assertions in the sworn
answer required of
applicants in cadastral
proceedings (People v.
Cainglet, 16 SCRA 749
[1966] )
ASSURANCE FUND
• State creates a fund for the compensation of
persons injured by divesting/cutting off of rights
due to the indefensibility of title; following that
act of registration is operative act by which
State transfers title
• It is created to relieve innocent persons from
harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to
land.
• Upon entry of certificate in name of owner or
TCT, ¼ of 1% shall be paid to the ROD based
on assessed value of land as a contribution to
the assurance fund
• If there is yet no assessment, a sworn
declaration of 2 disinterested persons on the
value of the land, subject to determination by
court, is required.
• Money shall be in the custody of the National
Treasurer who shall invest it until principal plus
interest aggregates to 500,000. The excess
shall be paid to the Assurance Fund and be
included in the annual report of Treasurer to
Secretary of Budget
WHO IS ENTITLED:
1. Claimant must be owner, purchaser or
encumbrancer in good faith who suffered
actual damage by loss of land. In short, he is
deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to
recover said land
4. Action to recover from assurance fund has
not prescribed
LOSS/DAMAGES SHOULD NOT BE DUE TO
FOLLOWING REASONS:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of
area in certificate of title
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LOSS/DAMAGES SHOULD BE DUE TO THE
FOLLOWING REASONS:
1. Omission, mistake, misfeasance of
ROD or clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in
4. certificate of title,
duplicate or entry in books
5. Cancellation
AGAINST WHOM ACTION IS FILED:
1. Action due to deprivation of land due to
mistake, negligence, omission of ROD, etc:
ROD and National Treasurer as defendants;
Sol-Gen must appear
2. Private persons involved should also be
impleaded
LIABILITY:
1. Satisfy claims from private persons first
2. When unsatisfied: secondarily liable is the
National Treasurer who shall pay through the
assurance fund; thereafter Government shall
be subrogated to rights of plaintiff to go
against other parties or securities
MEASURE OF DAMAGES:
• Based on amount not greater than fair
market value of land
• Amount to be recovered not limited to
500,000 which is maintained as standing
fund
• If fund is not sufficient, National Treasurer is
authorized to make up for deficiency from
other funds available to Treasury even if not
appropriated
WHERE AND WHEN TO FILE ACTION AGAINST
ASSURANCE FUND:
1. Any court of competent jurisdiction: RTC in
city where property lies or resident of plaintiff
2. Action prescribes in 6 years from time
plaintiff actually suffered loss
3. If plaintiff is minor, insane or imprisoned, he
has additional 2QuickTime™
years andafter a
TIFF (Uncompressed) decompressor
removed toare needed file to see
action
this picture.notwithstanding
expiration of regular period
PETITIONS AND MOTIONS AFTER ORIGINAL
REGISTRATION:
1. LOST DUPLICATE CERTIFICATE
• Sworn statement that certificate is lost to
be filed by person in interest with ROD
• Petition to court for the issuance of new
title
• After notice and hearing, the court is to
order issuance of new title with
memorandum that it is issued in place of
lost certificate (duplicate)
• If false statement, he can be charged with
the complex crime of estafa through
falsification of public document
2. ADVERSE CLAIM IN REGISTERED LAND
• Different from lis pendens:
• Lis pendens has no expiration period but
adverse claim is only for 30 days:
• Lis pendens is a notice that property is in
litigation while adverse claim signifies that
somebody is claiming better right
• Recent ruling: adverse claim can only be
removed upon court order, therefore, it is
considered to be the more permanent and
stable one as compared to lis pendens
3. PETITION SEEKING SURRENDER OF
DUPLICATE TITLE
• In voluntary and involuntary conveyances:
when the duplicate cannot be produced,
the party must petition the court to compel
the surrender of duplicate certificate of title
to ROD
• After hearing, the court may order issuance
of a new certificate and annul the old
certificate
• The new certificate shall contain an
annotation regarding the annulment of the
old certificate
4. AMENDMENT AND ALTERATION OF
CERTIFICATE OF TITLE
• A certificate of title cannot be altered,
amended except in direct proceeding in
court; summary proceeding
• Entries in registration books are not
allowed to be altered except by order of
court
• Grounds:
1. New interest that does not appear on
the instrument have been created
disability is
2. Interest have been terminated or
ceased
3. Omission or error was made in
entering certificate
4. Name of person on certificate has been
changed
5. Registered owner has married
6. Marriage has terminated
7. Corporation which owner registered
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land has dissolved and has not
conveyed the property within 3 years
after its dissolution
8. What corrections are permitted in title
(which does not include lands included
in original; technical description as long
as original decree of registration will
not be reopened and rights or interest
of persons not impaired; old survey
was incorrect; substitution of name of
registered owner)
a. Alterations which do not impair rights and
b. Alterations which impair rights: with consent
of all parties
c. Alterations to correct obvious mistakes
5. RECONSTITUTION OF ORIGINAL
CERTIFICATE OF TITLE
• The restoration of the instrument which is
supposed to have been lost or destroyed in
its original form and condition, under the
custody of ROD
• Purpose: to have the same reproduced,
after proper proceedings in the same form
they were when the loss or destruction
occurred (Heirs of Pedro Pinote v. Dulay,
187 SCRA 12 [1990])
• As consequence of war, the records have
been destroyed
• When reconstituted, the new title have the
same validity as old title
• Kinds:
a. Judicial
• File a petition with the RTC
• To be published in OG for 2
consecutive issues and on main
entrance of municipality for at least
30 days before hearing
• In rem proceedings
• Court is to order reconstitution if it
deemed fit; and issue an order to
ROD
• The lack of essential data is fatal
SOURCES OF JUDICIAL
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1. FOR OCT (in this order):
a. Owner’s duplicate of the certificate
of title
b. Co-owner’s, mortgagee’s or
lessee’s duplicate of said
certificate
c. Certified copy of such certificate,
previously issued by the ROD
d. Authenticated copy of the decree
of registration or patent, as the
case may be, which was the basis
of the certificate of title,
e. Deed of mortgage, lease, or
encumbrance containing
description of property covered by
the certificate of title and on file
with the ROD, or an authenticated
copy thereof indicating that its
original had been registered
f. Any other document which, in the
judgment of the court, is sufficient
and proper basis for reconstitution.
2. FOR TCT
a. Same as sources a, b, and c for
reconstitution of OCT
b. Deed of transfer or other document
containing description of property
covered by TCT and on file with
the ROD, or an authenticated copy
thereof indicating its original had
been registered and pursuant to
which the lost or destroyed
certificate of title was issued
c. Same as sources (e) and (f) for
reconstitution of OCT
b. Administrative
• May be availed of only in case of:
1. Substantial loss or destruction
of the original land titles due to
fire, flood, or other force
majeure as determined by the
Administrator of the LRA
2. The number of certificates of
title lost or damaged should be
at least 10% of the total
number in the possession of
the Office of the ROD
3. In no case shall the number of
certificates of title lost or
damaged be less than 500,
and
4. Petitioner must have the
duplicate copy of the certificate
of title (RA 6732)
NOTES:
• The law provides for retroactive application
thereof to cases 15 years immediately preceding
1989
• When the duplicate title of the landowner is lost,
the proper petition is not reconstitution of title, but
one filed with the court for issuance of new title in
lieu of the lost copy
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SOURCES FOR ADMINISTRATIVE
RECONSTITUTION:
a. Owner’s duplicate of the certificate of title
b. Co-owner’s, mortgagee’s, or lessee’s
duplicate of said certificate
CONTENTS OF PETITION
1. That the owner’s duplicate of the certificate
of title had been lost or destroyed
2. That no co-owner’s, mortgagor’s, or
lessee’s duplicate had been issued
3. The location, area and boundaries of the
property
4. The nature and description of the buildings
or improvements, if any, which do not
belong to the owner of the land, and the
names and addresses of the owners of
such buildings or improvements
5. The names and addresses of the (a)
occupants or persons in possession of the
property, (b) of the owners of the adjoining
properties and (c) of all persons who may
have any interest in the property
6. A detailed description of the encumbrance,
if any, affecting the property
7. A statement that no deeds or other
instruments affecting the property have
been presented for registration, or, if there
be any, the registration thereof has not
been accomplished, as yet
PUBLICATION, MAILING AND POSTING IN
PETITIONS FOR RECONSTITUTION OF TITLE:
• Notice thereof shall be published twice in
successive issues of the OG
• Must be posted on the main entrance of the
provincial building and of the municipal
building of the municipality or city where the
land is situated
• To be sent by registered mail or otherwise, at
the expense of the petitioner, to every person
named in said notice
• This should be done at least 30 days prior to
the date of hearing.
MWSS v. Sison, 124 SCRA 394 (1983)
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of the Official Gazette, the service of the notice of
hearing to the adjoining owners and actual occupants
of the land, as well as posting of the notices in the
main entrance of the provincial and municipal
buildings where the property lies at least 30 days
prior to the date of the hearing, as prescribed by
Section 13 of the law (RA 26), are mandatory and
jurisdictional requisites… If an order if
reconstitution is issued without any previous
publication as required by law, such order of
reconstitution is null and void. Even the publication of
the notice of hearing in a newspaper of general
circulation like the Manila Daily Bulletin, is not a
substantial compliance with the law because Section
13 specifies OG and does not provide for any
alternative medium or manner of publication.
Manila Railroad Company v. Moya, 215 Phil. 593
(1984)
Notice must be actually sent or delivered to parties
affected by the petition for reconstitution. The order
of reconstitution, therefore, having been issued
without compliance with the said requirement, has
never become final as it was null and void.
Puzon v, Sta. Lucia Realty and Development, Inc.,
353 SCRA 699 (2001)
Service of notice of the petition for reconstitution filed
under RA 26 to the occupants of the property, owners
of the adjoining properties, and all persons who may
have any interest in the property is not required if the
petition is based on the owner’s duplicate certificate
of title or on that of the co-owner’s, mortgagee’s, or
lessee’s.
Republic v. Sanchez, G,R, No. 146081, July 17,
2006
FACTS:
Sanchez sought for reconstitution of titles alleged to
have been destroyed by a fire which razed the Office
of the ROD in June 1988. The reconstitution of the
title is based on Sanchez’s duplicate title. They
submitted to the RTC a Report allegedly signed by
the Chief of the Reconstitution Division of the LRA
stating that the technical description of the lot does
not overlap previously plotted properties. Without
serving notices of the petition to adjoining owners,
the RTC then granted the petition for reconstitution.
After the decision became final, LRA submitted to the
Court another report claiming that the first report was
fake and recommends that the RTC set aside its
decision. LRA also claims that the notice of the
petition should have been served on adjoining
owners as one of the jurisdictional requirements
since the Authentic LRA Report found Sanchez’s title
to be a fake title.
ISSUE:
Whether the trial court acquired jurisdiction over the
case
HELD:
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No. The source of the petition for reconstitution in
the case at bar was petitioner’s duplicate copies of
the TCTs. As a general rule, Sections 9 and 10 of
RA 26 will apply and not Sections 12 and 13.
Section 9 and 10 or RA 26 require that 30 days
before the hearing, (1) a notice be published in 2
successive issues of the OG at the expense of
the petitioner, and (2) such notice be posted at
the main entrances of the provincial building and
of the municipal hall where the property is
located. The notice shall state the following: (1)
the number of the certificate of title, (2) the name
of the registered owner, (3) the names of the
interested parties appearing in the reconstituted
certificate of title, (4) the location of the property,
and (5) the date on which all persons having an
interest in the property must appear and file such
claims as they may have.
In petitions for reconstitution where the source is the
owner’s duplicate copy, notices to adjoining owners
and to actual occupants of the land are not required.
But Puzon is not applicable here. There is no report
from a pertinent government agency challenging the
authenticity of the duplicate certificates of title
presented in Puzon.
Sections 12 and 13 of RA 26 must apply because
the owner’s duplicate is claimed by the LRA to be
spurious. The failure to meet any of the
necessary publication, notice of hearing and
mailing requirements did not vest jurisdiction of
the case to the court. Thus, the judgment
rendered by the RTC is void and will never
become binding or final as it is a nullity right from
the very start. It may be challenged at any time.
Feliciano v. Spouses Zaldivar, GR No. 162593.
September 26, 2006
FACTS:
Remigia Feliciano filed a complaint against the
spouses Zaldivar for the declaration of nullity of TCT
No. T-17993 and reconveyance of the property
covered therein. The said title is registered in the
name of Aurelio Zaldivar. QuickTime™ and a
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Remigia alleged that she was the registered owner of
a lot, part of which is that covered by the above TCT,
and with TCT No. 8502. It was originally leased to
Pio Dalman, Aurelio’s father-in-law. She attempted
to mortgage the lot to Ignacio Gil, but the mortgage
did not push through. She vehemently denies that
she and her uncle never executed a joint affidavit
confirming the sale, and that TCT No. 8502 was
never lost.
The Zaldivars, on the other hand, claimed that
Aurelio bought the property from Dalman who, in
turn, bought the same from Gil in 1951. Gil allegedly
purchased the property from Remegia, the sale of
which was evidenced by the joint affidavit of
confirmation of sale that Remegia and her uncle
purportedly executed before the notary public in
1965. Aurelio then filed a petition for the issuance of
a new owner’s duplicate copy of TCT No. T-8502
because when they asked Remegia about it, she
claimed it had been lost. A petition for partial
cancellation of the said TCT was granted and TCT
No. 17993 was issued in Aurelio’s name. They also
allege that they and their predecessors-in-interest
have been occupying the said property since 1947,
openly, publicly, adversely, and continuously or for 41
years already.
ISSUE:
Who is the real owner of the subject lot?
HELD:
Remegia is the real owner.
The trial court correctly held that the CFI which
granted Aurelio’s petition for issuance of new
owner’s duplicate copy of TCT No. 8502 did not
acquire jurisdiction. It has been consistently held
that when the owner’s duplicate certificate of title
has not been lost, but is in fact in the possession
of another person, then the reconstituted
certificate is void, because the court that
rendered the decision had no jurisdiction.
Consequently, the issuance of TCT No. 17993 is
also void, emanating as it did from the void TCT
No. 8502 in Aurelio’s name. The indefeasibility of
a Torrens title does not apply where fraud
attended the issuance of the title, such as when it
was based on void documents.
6. REGISTRATION OF TRANSACTION
EVIDENCED BY LOST DOCUMENT
• ROD is forbidden to effect registration of
lost or destroyed documents
• Steps by interested parties:
1. Procure an authenticated copy of lost
or destroyed instrument
2. Secure an order from court
OFFENSES IN LAND REGISTRATION:
1. Larceny
2. Perjury: false statement under oath
3. Fraudulent procurement of certificate
4. Forgery
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a. Forging of seal in ROD, name, signature or

handwriting of any officer of court of ROD
b. Fraudulent stamping or assistance in
stamping
c. Forging of handwriting, signature of
persons authorized to sign
d. Use of any document which an impression
of the seal of the ROD is forged
5. Fraudulent sale: sale of mortgaged property
under the misrepresentation that it is not
encumbered; deceitful disposition of property
as free from encumbrance

SYSTEM OF REGISTRATION FOR

UNREGISTERED LANDS

• System of registration for unregistered land

under the Torrens System (Act 3344)
• Before: covers voluntary dealings
• Now: it includes involuntary dealings
• Effect: if prospective, it binds 3rd persons after
registration but yields to better rights of 3rd
person prior to registration (limited effect to 3rd
parties)
• Reason: no strict investigation involved
• Subsequent dealings are also valid if recorded
• ROD keeps day book and a register, and an
index system is also kept
• Procedure:
1. Presentment of instrument dealing in
unregistered land
2. If found in order, register
3. If found defective, then registration is
refused writing his reason for refusal

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