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AN OVERVIEW OF LAND TITLES AND DEEDS contested lots, the value of which does not exceed P100,000.00 for MTC's
and P200,000.00 for METC's.
1. Importance of the Subject
a. Man - Land Ratio IV. ORIGINAL REGISTRATION
b. Land as a finite resource
1. PD 1529 otherwise known as "The Property Registration Decree". A.) Those who by themselves or through their predecessors-in-interest
Approved June 11, 1978 codified and incorporated the following laws have been in open, continuous, exclusive and notorious possession and
related ti property registration: occupation of alienable and disposable lands of the public domain under a
bona fide claim of ownership since June 12, 1945, or earlier.
a. Act 496, The Land Registration Act
b. Commonwealth Act 141, The Public Land Act In Republic vs CA and Corazon Naguit GR No 144057, Janurary 17,
c. Act 2259, The Cadastral Act 2005, the Supreme Court held that:
d. Act 3344, System of Registration for Unregistered Lands "Sec 14(1) of PD 1529 merely requires the property sought to be
e. Act No. 1508, as amended, The Chattel Mortgage Law registered as already alienable and disposable at the time of
f. Republic Act No. 26, REconstitution of Original Certificates of Title application for registration of title is filed."
g. PD 27, Emancipation Patents, Land Reform Law
"If the State, at the time the application is made, has not yet deemed it
2. The Civil Code Provision (Articles 708 - 711) proper to release the property for alienation or disposition, the
presumption is that the government is still reserving the right to utilize
the property, hence, the need to preserve its ownership is the State
Title IX
irrespective of the length of adverse possession even if in good faith."
a. Art. 708. The Registry Property has for its object the inscription or
"However, if the property has already been classified as alieanable and
annotation of acts and contracts relating to the ownership and other
disposable, then there is already an intention on the part of the State to
rights over immovable property.
abdicate its exclusive prerogative over the property."
a.) The real purpose of the system is to quiet title of land; to put a stop C.) Those who have acquired ownership of private lands or abandoned
forever to any question of the legality of the title, except claims which were river beds by right of accession or accretion under the existing laws.
noted at the time of registration, in the certificate, or which may arise
subsequent thereto. That being the purpose of the law, it would seem that Accretion is the slow and hardly perceptible accumulation of soil deposits
once a title is registered, the owner may rest secure, without the necessity that the law grants to the riparian owner. (Binalay vs Manolo, 195 SCRA
of waiting in the portals of the courts, or sitting in the "mirador de su casa", 374)
to avoid the possibility of losing his land. (Legarda vs. Saleeby 31 Phl 590)
D.) Those who have acquired ownership of land in any other manner
b.) The main purpose of the Torrens System is to avoid possible conflicts provided by law.
of title to real estate and to facilitate transactions relative thereto by giving
the public the right to rely upon the face of the Torrens Certificate Title and
to dispense with the need of inquiring further, except when the party 2. Judicial Confirmation of Imperfect or Incomplete Title under Sec 48 (b)
concerned has actual knowledge of the facts and circumtances that should of CA 141.
impel a reasonably cautious man to make such further inquiry. (Traders
Royal Bank vs CA 315 SCRA 190)
Those who by themselves or through their predecessors-in-interest have
been in open, continuous, exclusive, and notorious possession and
2. Jurisdiction occupation of agricultural lands of the public domain under a bona fide
claim of acquisition of ownership, for at least 30 years immediately
preceding the filing of the application for confirmation of title, except when
a. Regional Trial Court prevented by war or force majeure. Those shall be conclusively presumed
Courts of First Instance (RTC) shall have exclusive jurisdiction over all to have performed all the conditions essential to a government grant and
applications for original registration of title to lands, including shall be entitled to a certificate of title under the provision of this chapter.
improvements and interest therein, and over all petitions filed after original
registration of title, with power to hear and determine all questions arising
upon such applications or petitions. (Sec 2, PD 1529) The period to avail of this provision has been extended to Dec 31, 2020
pursuant to RA 9176 , approved Nov 13, 2002 with the limitation that the
area applied for should not exceed 12 hectares.
b. Pursuant to Sec 34 of Batas Pambansa 129, the Supreme Court issued
Administrative Order No 64-93 dated April 21, 1993, authorizing METC's,
MTCC's and MTC's to hear and decide, Cadastral or Land Registration 3. Cadastral Act, Ac 2259 (Involuntary Proceedings)
cases covering Lots where there is no controversy or opposition, or Compulsory proceedings are premised on the presumption under the
Regalian Doctrine. That all Lands of whatever classifications belong to the
AN OVERVIEW OF LAND TITLES AND DEEDS. rae 2
public domain. Once instituted in court, all private claims to land are open C. All applicants must overcome the presumption that the land sought to
to question and it is to the public interest that such private claims be be registered form part of the public domain. (Republic vs CA and Naguit
settled and adjudicated. Supra)
4. Administrative Method D. Tax declarations when coupled with proof of actual possession are
strong evidence of ownership (Gonzaga vs CA SCRA 327)
Free Patent, Homestead and Sale Provisions E. A foreign national may apply for registration of title over a parcel of land
which he acquired by purchase while still a citizen of the Philippines
A.) Whenever lands of the public domain are disposed of by the DENR (Republic vs CA and Lapiña, 235 SCRA 567)
through free patent, homestead and sales, they shall be brought under the
operation of the Torrens System. F. A private corporation may apply for judicial confirmation of title to public
agricultural land because if a price of land of the public domain has been in
open, continuous, exclusive and notorious possession under a bona fide
Thus Sec 103 of PD 1529, states: claim of ownership for a period prescribed by law, the land after the lapse
of said period Ipso Jure ceases to form part of the public domain and
"Whenever public lanf is by the Government alienated, granted, or becomes private property, thus removing it from the ambit of the
conveyed to any person, the same shall be brought forthwith under the constitutional prohibition (Republic vs CA 155 SCRA 344)
operation of this Decree. It shall be the duty of the official issuing the
instrument of alienation, grant, patent or conveyance in behalf of the G. Spanish Titles - PD 892, effective Feb 16, 1976, invalidated all Spanish
Government to cause such instrument to be filed with the Register of titles and declared that they can no longer be used as evidence of land
Deeds of the province or city where the land lies, and to be registered like ownership. They shall then be treated as unregistered lands.
other deeds and conveyance whereupon a certificate of title shall be
entered as in other cases of registered land, and an owner's duplicate
issued to the grantee."
H. Judgment - Shall become final after 15 days from notice, there can be
no execution of judgment pending appeal in land registration proceedings.
B.) Emancipation Patent or Certificates of Land Ownership Awards
(CLOA)
9. Decree of Registration for the Land to be issued by the Administrator,
LRA
Whenever a tenant or farm worker is issued a patent, the same shall
also be transmitted to the Register of Deeds for registration under Sec 104
and 105 of PD 1529 and the issuance of the corresponding Certitficate of 10. Original Certificate of Title
Title, this bringing the land under the operation of the Torrens System. The land Registration Authority has devised a form where the decree and
the original certificate of title are embodied in the same document.
V. STEPS IN THE ORIGINAL REGISTRATION OF TITLE A. Best Evidence of Ownership - A Torrens Certificate of Title is the best
evidence of ownership of the land described therein.
(See Vilanueva vs CA, 198 SCRA 482
1. Survey - In Director of Lands vs. Reyes, et al, 68 SCRA 177 -182. The SC Ching vs CA, 181 SCRA 9,
ruled: Heirs of George Bofill vs CA, 237 SCRA 451,
"The applicant is not relieved from submitting in evidence the original plan Halili vs National Labor Relations Commissions, 257 SCRA 174,
Lee Tek Sheng vs CA, 292 SCRA 544)
approved by the Director of Lands as required by law. One of the
distinguishing marks of the Torrens System is the absolute certainty of the
identity of a registered land. Consequently, the primary purpose of the said B. Notice to the Whole World - A torrens title gives notice to the whole world;
requirements is to fix the exact or definite identity of the land as shown in or a Torrens title bind the whole world.
the plan and technical description." (See Egao vs CA, 174 SCRA 484,
National Grains Authority vs IAC, 157 SCRA 380,
Ching vs Malaya, 153 SCRA 412,
2. Application - Discussed earlier as to where to file. People vs Reyes, 175 SCRA 597)
3. Setting the Date of Initial Hearing The issuance of certificate of title is a constructive notice thereof to all
Not earlier than 45 days nor more than 90 days from the date of the order persons. (Serna vs CA, 308 SCRA 527, 529)
(Sec 23, PD 1529)
Registration of a deed sale in the Registry of Deeds constitutes constuctive
4. Transmittal of the Order of the Court to the LRA notice thereof to the whole world.
(See Calalang vs ROD of Quezon City, 208 SCRA 215,
People vs Pacificador, 354 SCRA 310)
5. Preparation and Issuance of the Notice of Initial Hearing
No one can plead ignorance of the registration. (Egao vs CA, 174 SCRA 484,
6. Publication, registed mail and posting (Sec 3, Pd 1529) Jacob vs CA, 244 SCRA 189)
" Sec 23 states that publication in the Official Gazette shall be sufficient to C. Unregistered Claims - A Torrens title bars all prior claims not registered
confer jurisdiction upon the Court. However, in Director of Lands vs. CA on the title.
(276 SCRA 276-287) the SC ruled that the publication in a newspaper of (See PD 1529 , Sec 44; Republic vs Umali 171 SCRA 647)
general circulation is equally a mandatory jurisdictional requirement. "The
elementary norms of due process require that before the claimed property
All claims and liens of whatever character existing against the land prior to
is taken from the concerned parties and registered in the name of the
the issuance of certificate of title are barred, if not noted on said certificate
applicant. The said parties must be given notice and opportunity to
oppose.
The registered owner of a Torrens Certificate of Title and the subsequent
purchaser for value and in good faith of registered land shall hold the
7. Opposition
certificate free from all liens and encumbrances, except those noted in said
Shall be filed by any person who claims the land or any interest therein.
certifcate and those specified by law.
D. Indefeasible - A Torrens certificate of title services as evidence of an The Torrens system only protects a title holder in good faith, and cannot
indefeasible title to the property in favor of the person whose names appear be used as shield for fraud and chicanery. Deceit is not to be
therein. countenanced; duplicity is not to be rewarded. (Philippine Commercial &
Industrial Bank vs Villalva, 48 SCRA 31)
( See Republic vs CA, 204 SCRA 160, Muyco vs CA, 204 SCRA 358, Tirado vs
Sevilla, 188 SCRA 321, Ortegas vs Hidalgo, 198 SCRA 6356, Jacob vs CA, 266 SCRA The Torrens title cannot cover up frauds. (Adille vs. CA, 157 SCRA 672)
189)
A forged instrument may become the "root of a valid title". (Torres vs CA, 186
**See SCRA 672)
PD 1529, Sec 32
Calalang vs. Register of Deeds of Quezon City, 208 SCRA 215
Reyes and Nadres vs Borbon and Director of Lands, 50 Phil 791 A fraudulent or forged document of sale may become the root of a valid title
Jacob vs Court of Appeals, 224 SCRA 189 if the certificate of title has already been transferred from the name of the
Trinidad vs IAC, 204 SCRA 524 true owner to the name of the forger or the name indicated by the forger.
Tirado vs Sevilla, 188 SCRA 321
(See Duran vs. IAC, 138 SCRA 489; De la Cruz vs Fabie, 35 Phil 14; Roman Catholic
Cagayan de Oro City Landless Residents Association, Inc, vs CA, 254 SCRA 220
Bishop vs Philippine Railway, 49 Phil. 546)
Republic vs CA, 204 SCRA 160
Muyco vs CA, 204 SCRA 358
Ortegas vs. Hidalgo, 198 SCRA 635 The doctrine that a forged instrument may become the root of a valid title
Republic vs De Guzman, 326 SCRA 267
cannot be applied where the owner still holds a valid and existing certificate
Heirs of Simplicio Santiago vs Heirs of Mariano E. Santiago, 404 SCRA 193
of title covering the same interest in a realty. (Torres vs CA, 186 SCRA 672)
The owner of the land registered under the Torrens System cannot lose it by L. Double Titles. Where two certificates of title include the same land, the
prescription certificate that is earlier in date prevails. (Garcia vs CA, 95 SCRA 380)
See:
M. Presumptions: Regular and Valid - Torrens title presumed to have been
Bishop vs CA, 208 SCRA 636
Ruvera vs CA, 244 SCRA 218 issued regularly and legally. (Salao vs Salao, 70 SCRA 65, Ching vs. Malaya, 153
J.M. Tuason and Co., Inc. vs CA, 93 SCRA 146 SCRA 412; Ofrecio vs. Lising, 159 SCRA 366, Republic vs. Umali, 171 SCRA 647;
Egao vs CA, 174 SCRA 484 People vs. Reyes, 175 SCRA 597, Bishop vs. CA, 208 SCRA 636)
Alarcon vs Bidin, 120 SCRA 390
Umbay vs Alecha, 135 SCRA 427
A strong presumption exists that a Torrens title is regularly issued and that it
Cimafranca vs IAC, 147 SCRA 611
Gallardo vs. IAC, 155 SCRA 248 is valid. (Salao vs Salao, 70 SCRA 65)
Claudel vs. CA, 199 SCRA 133
Jacob vs. CA, 224 SCRA 198
Caiña vs. CA, 239 SCRA 252
A Torrens title is presumed to have been issued regularly and legally,
Vda. de Villanueva vs CA, 351 SCRA 12 unless contradicted and overcome by clear, convincing, strong and
irrefutable proof. More than merely preponderant evidence is required.
(Ramos vs. CA, 112 SCRA 542)
F. Integrity of Titles -The integrity of the Torrens System must be protected.
Every person dealing with registered land may safely rely on the correctness
of the certificate of title issued therefore and the law will in no way oblige him Good Faith - The presumption is that the transferee of registered land is not
to go behind the certificate to determine the condition of the property. Staed aware of any defect in the title of the property he purchased. (Tajonera vs CA,
103 SCRA 467)
differently, an innocent purchaser for value, relying on a Torrens title issued, is
protected.
N. Reliance on the Title -Every person dealing with registered land may
safely rely on the correctness of the certificate of title issued therefore.
G. Not Subject to Collateral Attack - A certfificate of title shall not be subject (See Halili vs Court of Industrial Relations, 257 SCRa 174; Kho vs CA, 214 SCRA 329;
to collateral attack. It cannot be altered, modified or cancelled, except in a Legarda vs CA, 208 SCRA 642; Ibarra vs. Ibarra, Sr, 156 SCRa 616)
direct proceeding in accordance with law.
One who deals with properly registered under the Torrens System need
See. PD. 1529. Sec. 48; See also National Grains Authority vs IAC, 157 SCRA 380; not go beyond the same, but only has to rely on the title. He is charge with
Tan vs. Philippines Banking Corp., 355 SCRA 292; Windows and Orphans
Association, Inc. vs CA, 201 SCRA 165; Toyota Motor Phils. Corp vs CA, 216 SCRA
notice only of such burdens and claims as are annotated on the title.
(Domingo vs. Roces, 401 SCRA 197)
236)
H. Fraudulent Registration -The person in whose name the land is Exception: This principle does not apply when the party has acual
fraudulently registered holds it as a mere trustee, with the legal obligation to knowlege of facts and circumstances that would impel a reasonably
reconvey the properry and the title thereto in favor of the true owner. (Pajarillo cautious man to make such inquiry or when the purchaser has knowledge
vs IAC, 176 SCRA 340) of a defect or the lack of title in his vendor or of sufficient facts to induce a
reasonably prudent man to inquire into the status of the title of the property
in litigation. One who falls withing the exception can neither be dominated
A Torrens title cannot be used as a shield for fraud or for enriching a an innocent purchaser for value nor a puchaser in good faith. (Domingo vs.
person at the expense of another. (Vda. De Recinto vs Inciong, 77 SCRA 196; Roces, 401 SCRA 197)
Legarda and Prieto vs Saleeby, 31 Phil 590)
An innocent purchaser for value has every right to rely on the correctness
The Torrens system was not designed to shield and protect one who had of the title. (A.D. Guerrero vs. Juntilla, 173 SCRA 572; Gevero vs IAC, 189 SCRA
committed fraud or misrepresentation and thus holds title in bad faith. 201)
(Walstrom vs. Mapa, Jr., 181 SCRA 431)
AN OVERVIEW OF LAND TITLES AND DEEDS. rae 4
He is not required to explore further than what the Torrens title on its face Intrinsic Fraud -refers to acts of a party in a litigation during trial which
indicates, in quest for any hidden defect or inchoate right that may did not affect the presentation of the case, but did not prevent a fair and
subsequently defeat his right thereto. (National Grains Authority vs. IAC, 157 just determination of the case. (Sterling Investment Corp vs Ruiz, 30
SCRA 380; Duran vs. IAC 138 SCRA 489) SCRA 318)
Where the title is in the name of the vendor when the land is sold, the C. The title has not passed to the hands of an innocent purchaser for
vendee for value has the right to rely on what appears on the title. value.
Where innocent third persons relying on the correctness of the certificate 5. Action of Reconveyance
of title issued, acquired rights over the property, the court cannot disregard Sec 96 of PD 1529 states: "that nothing in this decree shall be construed
such rights and order the total cancellation of the certificate for that would to deprive the plaintiff of any right of action which he may have againnst
impair public confidence in the certificate of title, otherwise everyone any person for such loss or damage or deprivation (of land or of any estate
dealing with property registered under the Torrens System would have to or interest therein) without joining the National Treasurer as party-
inquire in every instance as to whether the title had been regularly or defendant."
irregularly issued by the court.
A. Grounds:
A mortgagee has the right to rely on what appears in the certificate of title 1. Fraud
and in the absence of anything to excite suspicion, he is under no 2. Implied or Constructive Trust
obligation to lock beyond the certificate and investigate the title of the 3. Void Contract
mortgagor appearing on the face of said certifcate.
B. When to Avail
A person dealing with registered land has a right to rely on the Torrens 1. On the ground of fraud - 4 yrs from discovery
certificate of title without the need of inquiring further, except when he has 2. Implied Constructive Trust presribes in 10 years
actual knowledge of facts and circumstances that would impel a
reasonably cautious man to make such inquiry or when he has knowledge
of a defect of the lack of title of the other party or of sufficients to induce a C. The period is to be reckoned from the date of issuance of the original
reasonably prudent man to inquire into the status of the title of the property certificate of title.
in litigation.
D. If the party is in actual possession of the property, the action does not
See Sandoval vs CA, 260, SCRA 283 prescribe.
State Investment House, Inc. vs CA, 254 SCRA 368
Tiburcio vs PHHC, L-13479, October 31, 1959
Capitol Subd., Inc. vs Province of Negros Occidental, 7 SCRa 60 6. Action for Damages. If the property has been passed to an innocent
Luz vs Manipon, 381 SCRA 788 purchaser for value, the aggrieved party may bring an ordinary action for
damages against the applicant. (Sec 32, PD 1529)
Where the Torrens title is in the name of the vendor, the vendee has the
right to rely on what appears on the title; and, in the absence of anything to 7. Action for Compensation from Assurance Fund.
arouse suspicion, the vendee has no obligation to look beyond the title. Any person who sustains loss or damage, or is deprived of land or any estate
or interest byb reason of the operation of the Torrens System may file an
action for compensation against the Assurance Fund. (Sec 93 and 93 of PD
(See: Pino vs CA, 198 SCRA 434 1529)
Centeno vs CA, 139 SCRA 545
Chit, Sr. vs Benelda Estate Dev Corp, 353 SCRA 424
Republic vs CA, 306 SCRA 81 VIII. VOLUNTARY DEALINGS WITH REGISTERED LANDS
1. The act of registration is the operative act to convey or affect the land
insofar as third persons are concerned.
O. Titles Derived from a Void Title are Also Void
If a certificate of title is void, all subsequent certificates of title derived 2. Entry along produces the effect of registration whether the transaction is
therefrom are also void because of the truism that the "spring cannot rise voluntary or involuntary as long as registrant complies with all the
higher than its source." requirements. (DBP vs RD of Nueva Ecija, 162 SCRa 450)
See
3. The production of the owner's duplicate whenever any voluntary instrument
De Santos vs IAC, 157 SCRA 295
Calalang vs Register od Deeds of Quezon city, 231 SCRA 88 is presented for registration shall be conclusive authority from the registration
Mathay vs CA, 295 SCRA 556 shall be conclusive authority from the registered owner to the Register of
Deeds to enter a new certificate or to make a memorandum of registration.
(Sec 53 PD 1529)
This truism is in accord with the Latin maxim, "Nemo potest pius juris ad
allum transferre quam ipse habet," "No one can transfer a greater right to
another than he himself has." 4. The "Mirror Principle"
A purchaser is not required to explore beyond what the record in the registry
indicates on its face, in quest for any hidden defect or inchoate right which
may subsequently defeat his title thereto. (Chu Sr vs Benelda Estate Dev. Corp,
VII. REMEDIES OF PERSONS AGGRRIEVED IN A LAND REGISTRATION 353 SCRA 424)
PROCEEDINGS
5. Prior physical delivery or possession is not legally required and the
1. New Trial - Rule 37, Rules of Court execution of the Deed of Sale is deemed equivalent to delivery. (Power and Ind.
Corp. vs CA, 274 SCRA 59)
2. Relief from Judment - Sec 2, Rule 38 of the Rules of Court
6. Even if only part of the property has been sold or alienated within the
prohibited period of 5 years such alienation is sufficient cause for the reversion
3. Appeal - Sec 33 PD 1529 provides that judgment or orders of the court in
of the whole estate to the state (Republic vs CA 281, SCRA 639)
land registration cases are appeallable to the Court of Appeals and the
Supreme Court in the same manner as in ordinary actions.
IX. INVOLUNTARY DEALINGS
4. Petition of Review - Sec 32 of PD 1529
1. ADVERSE CLAIM
A. Petition may be filed within one year from the entry of such decree of
registration. Even after the lapse of thirty days as provided under Sec. 70 of PD 1529,
an adverse claim may be cancelled only upon order of the court. (Sajonas
B. On the ground of Actual or Extrinsic Fraud. vs CA, 258 SCRA 79)
Extrinsic Fraud -refers to any fraudulent act of the successful pary in 2. LIS PENDENS
litigation which is committed outside the trial of a case against the
defeated party whereby said defeated party is prevented from A notice of lis pendends is not confined only to cases involving the title to
presenting fully and fairly his side of the case. or possesion of real property, but applies to suits brought to establish an
AN OVERVIEW OF LAND TITLES AND DEEDS. rae 5
" A notation of lis pendends neither affects the merits of a case nor creates
a right or a lien."
“The mortgagor shall have the right to redeem the property until
but not after, the registration of the certificate of foreclosure sale,
with the applicable Register of Deeds which is no case shall be
more than three months after forclosure, whichever is earlier."