Land Titles

CHAPTER 10 DECREE OF REGISTRATION AND CERTIFICATE OF TITLE
How to spot fake:

1. last 2 digits of certificate number always the same as page number
2. serial number is similar to ballots wherein series distributed to particular province. So check
with LR !roperty "ivision.
#$# shows previous %$# &umber. 'se (#race )ack *ethod+ if there is break in se,uence there is
something wrong.
1. DECREE OF REGISTRATION
!ursuant to that the admin of LR prepares and issues a decree of registration
A. Contents and Effects
1. Sec -1. "ecree of Registration .issued by the $ommissioner/
Shall bear the date0 hour0 and minute of its entry0 and shall be signed by the
$ommissioner.
minute is important because in case of 2 overlapping land0 the one issued first wins1
2t shall state whether the owner is married or unmarried0 and if married0 the name
of the husband or wife.
2f conjugal0 the decree shall be issued in the name of both spouses.
2f Unde d!"a#!l!$%0 it shall state the nature of disability0 and if a &!no0 his age.
2t shall contain the description of the land as finally determined by the court and
shall set forth the estate of the owner and show their relative priorities0 all
particular estates0 mortgages0 easements0 liens0 attachment and other
encumbrances0 including rights of tenant-farmers0 if any0 to which the land or
owner3s estate is sub4ect0 as well as any other matters properly determined in
pursuance of this "ecree.
2. #he ad&!n!"$a$o "'all "!gn the said decree and (!le !$ )!$' $'e LRA.
-. #he decree binds the land0 ,uiets title thereto0 sub4ect only to such e5ceptions or liens
as may be provided by law.
Conclu"!*e upon all persons0 inc the nat3l 6ov3t0 whether named or mentioned in
the application for registration or notice.
Such conclusiveness does not cease to e5ist when the title is transferred to a
successor.
#he decree bars the re7litigation of the ,uestion of ownership in the same
proceedings.
#he decree0 after the lapse of one year from date of its issuance0 becomes
!ncon*e$!#le.
B. Duty of administrator of LRA to issue decrees
+!n!"$e!al in the sense that they act under the order of the court and the decree
must be in conformity with court 4udgment and with the date found in the record.
I( !n dou#$0 they shall refer it to the court for they are acting as court officials.
#hey are re,3d to e5tend assistance to courts in ordinary and cadastral land
registration proceedings.
#he administrator is no$ legall% o#l!ged $o !""ue $'e decee0 where0 upon his
verification0 he finds that subject land has already been decreed and titled in
anothers name.
Canno$ #e co&,elled $'oug' &anda&u" because it is a 4udicial function of
courts and not a mere ministerial act.
-. CERTIFICATE OF TITLE
#he %$# shall be a true copy of the decree and the decree must be signed by the
admin of the LR.
#he %$# is therefore the $an"c!,$!on o( $'e decee.
#he orig of the $%# together with the owner3s duplicate certificate are thereafter
sent to the R" of the city or province where the property is situated for entry in his
reg book. Said %$# takes effect u,on $'e da$e o( en$% thereof0 and the land
covered thereby becomes registered land on that date.
#he %$# contains the
o 8ull names of all persons whose interest make up the full ownership in the
whole land
o $ivil status
o &ames of respective spouses0 if married
o $iti9enship
1 | L a n d T i t l e s F i n a l s
WO N G * B AY O N A * S A N C H E Z * C O RT I N A
o Residence
o !ostal address
o 2f property covered belongs to a con4ugal party0 the %$# is issued in the names
of both spouses.
A. Rule determining conjugal or paraphernal character of land covered by OC
*erely confirms a pre7e5isting title. %$# does not therefore establish the time of
ac,uisition of the property covered so the property may have been ac,uired during
marriage or before it.
2n determining if the property belongs to the con4ugal partnership or paraphernal
property0 it is important to note whose name or names the title is registered. .eg.
2f *arcosa Rivera married to Rafael Litam : it is &%# con4ugal but merely
descriptive of the civil status/. )&%: 2f the name in the title is (;uan dela $ru90
single+ and the property is brought into the con4ugal partnership0 the other spouse
may file that her name be added to the title.
#he presumption in rt. 1<= of the $iv$ode .all property of the marriage is
presumed to belong to the con4ugal partnership/ applies %&L> to property ac,uired
during the lifetime of the husband and wife. #his presumption cannot prevail when
the title is in the name of only one spouse and the rights of innocent -
rd
parties are
involved.
B. O!ner"s duplicate certificate of title# transfer certificate of title
1. Sec. ?1. %wner3s duplicate certificate of title : the owner3s duplicate certificate of title
shall be delivered to the registered owner or to his duly authori9ed rep.
a. 2f - o &oe ,e"on" ae eg!"$eed o)ne"0 one owner3s duplicate
certificate may be issued for the whole land
b. 2f the co7owners so desire0 a "e,aa$e du,l!ca$e may be issued to each of
them in like form0 but all outstanding certificate of title so issued shall be
surrendered whenever the RD shall register any subsequent voluntary t$n
affecting the whole land or part thereof or any interest therein. #he R" shall
note on each certificate of title a statement as to whom a copy thereof was
issued.
2. #he o)ne o( $'e land !n )'o"e (a*o and !n )'o"e na&e "a!d land !"
eg!"$eed and !n"c!#ed !n $'e ce$!(!ca$e o( $!$le has a more preferential right to
the possession of the owner3s duplicate than one whose name does not appear in the
certificate and has yet to establish his right to the possession thereof.
C. %robative value of Certificate of itle
Reg!"$a$!on doe" no$ *e"$ $!$le@ it is not a mode of ac,uiring ownership over
property.
2t is a mere evidence of such title over a particular property.
Toen" ce$!(!ca$e !" $'e #e"$ e*!dence o( o)ne"'!, o*e eg!"$eed
land.
However0 $'e "!&,le ,o""e""!on o( an OCT does not necessarily make the
holder a true owner of the property0 such as when such title includes by mistake or
oversight land which can no longer be registered under the #orrens system .eg.
Ahen the same land had already been registered and an earlier certificate for the
same land is in e5istence./
n OCT !" al"o no$ conclu"!*e o( o)ne"'!, when the issue of fraud and misrep
in obtaining it is raised or where the %$# is faulty as to its purported origin.
D. A$$!#u$e" o(. and l!&!$a$!on" on. ce$!(!ca$e" o( $!$le and eg!"$eed land"
&. 'ree from liens and encumbrances( !ith certain e$ceptions
a. Sec. ?? of !" 1B2C
Dvery owner and subse,uent purchaser of registered land shall hold the %$# (ee
(o& all encu&#ance" e5cept those noted on the %$# and any of the ff
encumbrances .a.k.a S##'#%R> L2D&S/: .annotations are usually on the 2
nd
page
of the title. #here are liens and encumbrances that need not be annotated in the
title like easements .provided by law/
1. Liens0 claims or rights arising or e5isting under the laws and the $onstitution wEc
are not re,3d by law to appear of record in the R" in order to be valid
.e5propriation : power of eminent domain/
2. 'npaid real estate ta5es levied and assessed wEin 2yrs immediately preceding the
ac,uisition of any right over the land by an innocent purchaser for value
-. ny public hgwy or private way established or recogni9ed by law0 or any gov3t
irrigation canal or lateral thereof0 if the %$# does not state the boundaries of
such.
a. !ublic servitudes in this lien refers to those existing at the time of the
acquisition of the land0 not those constructed subse,uent to such ac,uisition
?. ny disposition of the property or limitation on the use thereof by virtue of0 or
pursuant to !" 2F (Emancipation of enants ! "grarian Reform# or any other law
or regulations on agrarian reform.
b. #he rule that every reg owner receiving a $%# shall hold the same free from all
encumbrances "'all e/uall% a,,l% $o e*e% "u#"e/uen$ ,uc'a"e o( land !n
good (a!$'.
. Cla!&" and l!en" e0!"$!ng ,!o $o $'e !""uance o( COT0 e5cept those annotated
in the certificate and mentioned by law are cut off.
E0ce,$!on: *ortgage right annotated on a $%# that was nullified0 which the
mortgagee ac,uired on full reliance of such certificate that was issued as a result
of regular land proceedings0 still sub4ects the land although said lien was noted in
another $%# issued pursuant to free patent.
2. )nconvertible and indefeasible *cannot be defeated by any other document
unless you present proof that there has been fraud on the document+
,pon the e$piration of & year from the date of en$% o( $'e decee o( eg0 not
only such decree but also the corresponding $%# becomes inconvertible and
indefeasible.
E-CE%)O./
1. 2f a ,e*!ou" *al!d $!$le to the same land e5ists
2. Ahen the land covered thereby is no$ ca,a#le o( eg!"$a$!on.
-. Ahen it is established that fraud a$$ended !$" ac/u!"!$!on.
he rule on the inconvertible nature of a CO applies !hen !hat is
involved is the validity of the OC( not !hen it concerns that of a ransfer
Certificate of itle.
0. Registered land not subject to prescription
&o title to registered land in derogation of the title of the registered owner shall be
ac,uired by prescription or adverse possession.
!rescription is unavailing &%# %&L> against the reg owner but also e,ually against
the latter3s hereditary successors.
#hus0 %$D& possession under a claim of ownership for the pd. fi5ed by law is
ineffective against a #orrens title.
#he fact that the title was lost does not mean that the land ceased to be registered
land before the reconstitution of its title.
a. Right to recover possession is imprescriptible
but where the plaintiff was no$ $'e eg!"$eed o)ne. cla!&!ng $!$le onl% #%
"ucce""!on as when the $%# was still in the name of his mother0 then that
otherwise imprescriptible right of action could not be invoked. #he de(endan$ may
set up the defense of ac,uisitive prescription.
b. Laches as defense against recovery *One should not sleep on his right+
#he de(en"e o( lac'e". )'en ,o,e0 bars the registered title holder from
asserting his rights over the registered property and from recovering it.
#his e,uitable defense does not concern itself with the character of the title but
only whether by plaintiff3s unreasonable and une5plained or ine5cusable neglect0
he is thus barred to assert his claim.
( delay in the assertion of a rightG+
)ased on public policy which will be denied to a stale demand which otherwise
could be a valid claim.
+a% #e !n*o1ed $o #a econ*e%ance o( $'e land $o $'e eg. o)ne only if
there are intervening rights of -
rd
persons wEc may be affected or pre4udiced if
such land is returned to the reg. owner.
>ears of failure to assert a right depends on the circumstances.
1. Certificate of itle not subject to collateral attac2
Sec. ?H of !" 1B2C :2t cannot be altered0 modified or cancelled e5cept in a direct
proceeding
! | L a n d T i t l e s F i n a l s
#he 4uridical action re,3d to challenge the validity of title is a direct attack0 not a
collateral one.
Leyson v )ontuyan: an action is an attack on a title if its o#jec$!*e !" $o null!(%
$'e "a&e0 and thus challenge the proceeding pursuant to wEc the title was
decreed.
o D!ec$: when the ob4ect of an action is to annul or set aside such proceeding0
or en4oin its enforcement. .)&%: )oth and ) have titles over the
property./
o Ind!ec$ o colla$eal: in an action to obtain a diff. relief0 an attack on the
proceeding is nevertheless made as an incident thereof. .eg. ttack on the title
was only in defendant3s answer@ action for reformation may constitute a
collateral attack on a #orrens title./
Such action to attack a $%# may be an orig action or a counterclaim
.considered a new suit in wEc the defendant is the plaintiff and the plaintiff in
the complaint becomes the defendant/ in which a $%# is assailed as void.
3. orrens certificate presumed valid and devoid of fla!s.
#he $%# is presumed to have been regularly issued0 valid and wEo defects.
Related presumption is that the #u%e o $an"(eee o( eg. land is not aware of
any defect in the title of the property he purchased or ac,uired.
He has the right to rely upon the face of the #orrens title and to dispense with the
trouble of in,uiring further.
4. 5eneral incidents of registered land.
Sec. ?< of !"1B2C: reg. land shall be sub4 to such burdens and incidents as may
arise by operation of law.
Reg. land o)ne" ae no$ el!e*ed from the ff:
a. from any rights incident to the relation of husband and wife0 landlord and tenant@
b. from liability to attachment or levy on e5ecution@
c. from liability to any lien of any description established by law on the land and the
buildings thereon0 or in the interest of the owner in such land or building@
d. from any right or liability that may arise due to change of the law on descent@
e. from the rights of partition between co7owners@
f. from the right of gov3t 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 created by law and applicable to unreg. Land.
6. 7here CO !as obtained by trustee.
trustee who obtains a #orrens title in his name0 over property held in trust by
him for another known as the beneficiary cannot repudiate the trust by relying on
the registration0 such being one of the limitations upon the finality of title.
#he trustee could no$ ,e(oce legall% con*e% o)ne"'!, of the reg property in
her will for she is not the absolute owner.
E. S,l!$$!ng o con"ol!da$!on o( $!$le"2 "u#d!*!"!on and con"ol!da$!on ,lan"
#he reg. owners of several district parcels of land covered by one $%# may secure
separate certificates for one or more parcels of land.
3'ee "e* ,acel" o( land ae co*eed #% "e, ce$"0 he may also secure a
single cert for all those lands or sev. certs for diff. parcels thereof.
o 2n either case0 he should file a written re,uest for that purpose with the R"
concerned and surrender the owner3s duplicateEs of title.
reg owner may subdivide his property into 2 or more lots0 or consolidate sev lots
into one or more lots in accordance wE Sec. B= of !"1B2C
F. Enlage&en$ o( aea o !&,a!&en$ o( $!$le no$ allo)ed.
#he LRA &a% no$ ode o cau"e an% c'ange0 modification0 or amendment in
the contents of any $%#0 or of any decree or plan0 inc the technical desc therein0
covering any real prop reg. under the #orres.
&or order the cancellation of the said $%# and the issuance of a new one wEc
would result in the enlargement of the area covered by the $%#.
An% enlaged aea could no$ #e con"!deed a" eg. land and $'e COT
co*e!ng $'e "a&e &a% #e cancelled.
" | L a n d T i t l e s F i n a l s
CHAPTER 11 RE+EDIES
4444 REFER $o c'a$ g!*en #% S! A#ano
5I. Re&ed!e"
ggrieved party may take the ff remedies to challenge the 4udgement in a land registration
case %R validity of title issued pursuant to such.
Remedies however must be SDS%&)L> invoked wEin the reglementary E prescriptive
period allowed by 4urisprudence and e,uity
1/ Ne) T!al
Rule <F0 Ro$
*ay be filed by an aggrieved party0 whether applicant E oppositor
AEin 1B "> period for perfecting an appeal
6rounds for new trial:
i. 8*D .fraud0 accident0 mistake0 e5cusable negligence/
ii. &ewly discovered evidence:
1. must have been "2S$%IDRD" 8#DR trial
2. evidence could not have been discovered even wE RDS%&)LD "2L26D&$D
-. evidence is *#DR2L0 not merely cumulative0 corroborative or impeaching
and0 if admitted0 will probably L#DR the 4udgement
iii. ward of e5cessive damages0 insufficiency of evidence to 4ustify the decision %R
decision is against the law
7 failure of counsel of party to attend due to lack of advance notice considered accident.
2/ Rel!e( (o& 6udge&en$
Sec 20 Rule -H0 Ro$
!rayer to set aside 4udgment when it has been rendered against a party through 8*D
!etition must be filed wEin <= days 8#DR petitioner learns of 4udgment0 &" not more
than < months .1H= days/ after 4udgment entered.
*ust be accompanied wE:
o affidavits showing the 8*D relied upon
o facts constituting the petitioner3s cause of actionEdefense
o allegation of petitioner that because of such e5trinsic fraud0 he has been un4ustly
deprived of a hearingEprevented from taking appeal
*ay be availed of only when the 4udgement has become final and a new trial is &%#
available
'nlike a petition for review0 only a party that is either the applicant E oppositor may avail
of the remedy
-/ A,,eal
Land reg cases are appealable to the $ E S$ in the same manger as ordinary actions
.!"1B2C/
ppeal to $ is taken by filing notice if appeal wEin 1B days from receipt of 4udgement
%R order by counsel of the aggrieved party
ppeals to the appellate court in the e5ercise of its appellate 4urisdiction is by a
!D#2#2%& for RDI2DA
AE respect to 6%I0 notice of 4udgement that binds it is the one sent and received by
the Sol6en0 &%# the 8iscal. 1B day period is reckned from such receipt of notice.
?/ Pe$!$!on (o Re*!e)
Sec -20 !" 1B2C: "ecree of reg shall &%# be reopened E revised by reason of:
o bsence
o *inority
o %ther disability of any person
o ny proceeding in any court for reversing 4udgements
)'# can be reopened Ereviewed &%# L#DR #H& 1 >R after the date of entry of
registration if title is obtained by fraud
!etition $&&%# be entertained where an innocent purchase for value has ac,uire the
land .2! for I includes innocent lessee0 mortagee E other encumbrances for value/
!etition for review must be 82LD" not in the form of a separate action but a *%#2%&
filed in the same reg proceeding where decree was issued.
3HO +A7 FILE8
# | L a n d T i t l e s F i n a l s
o ny person0 inc gov0 deprived of land E estate E any interest therein
o ggrieved party in land reg and cadastral proceeding
o Dven homestead applicant can file
3HO +A7 NOT FILE8
o Ahen the petitioner "%DS &%# claim the land to be his private property but
part of disposable public land awarded under a public land patent
o %ppositor who abandons opposition to a reg proceeding
o %ppositor who had notice of original reg proceeding but 82LD" to put up any
claim to title
3HEN TO FILE PETITION
o wEin 1 yr from entry of decree of registration .prepared and issued by Land
Reg $ommission/
o !D#2#2%& 8%R RDI2DA %8 ;'"6D*D&# !etition filed after decision but
)D8%RD entry of decree
o !D#2#2%& 8%R RDI2DA %8 "D$RDD !etition filed after entry of decree
RE9UISITES FOR REOPENING : RE;IE3 OF DECREE
o !etitioner has real and dominical right
o He has been deprived of such
o #hrough fraud
o !etition is filed wEin a >DR from issuance of decree
o !roperty has not yet passed to innocent purchaser for value
2!I one who buys the property of another A2#H%'# notice that
some other person has right to E interest in such property and pays a
8'LL and 82R !R2$D for the same at the time of purchase
FRAUD
o %nly e5trinsic E collateral E actual fraud .&%# intrinsic fraud/ can be a ground
for a petition for review.
o D5trinsic fraud any fraudulent act of the successful party in a litigation wEc is
committed %'#S2"D the trial against the defeated party0 where the defeated
party is prevented from presenting fully and 82RL> his side
o 2ntrinsic fraud acts of a party in litigation "'R2&6 trial .e5. use of forged
instruments E per4ury in testimony/ wEc "%DS &%# affect the presentation of a
case0 but prevented a fair and 4ust determination of the case.
o Specific instances of actual fraud see pp12H712C
*isrepresentation and concealment that property is contested
pplying for registration in the name of a co7owner
8ailing to notify the party entitled to notice E inducing him not to
oppose an application
8ailure to disclose fact of physical possession
o 2t is not enough to merely allege fraud. Specific0 intentional acts to deceive E
deprive another of his right must be LLD6D" and !R%ID".
OTHER GROUNDS FOR RE;IE3 o( REG DECREE
o fatal infirmity in the decision for L$J %8 "'D !R%$DSS0 as long as no 2! for I
will be in4ured
o lack of 4urisdiction of the court
B/ Ac$!on (o Recon*e%ance
ction to transfer E reconvey the land from the registered owner to the R26H#8'L
owner.
2t does &%# aim to reopen the reg proceedings and set aside decree of reg0 but only
show that the person who secured the property is &%# the real owner.
#his applies when 1 yr from entry of decree has lapsed0 in wEc case it can no longer
open to review E attack0 even if issuance is attended by fraud. #hus0 the remedy of the
aggrieved party would be to bring an $#2%& 8%R RD$%&ID>&$D of whatever he has
been deprived of0 as long as property has not been transferred to an 2!I.
2f property has been transferred to 2!I0 aggrieved party3s remedy is an action for
damages against the applicantEperson responsible for fraud .wEin ? yrs from discovery
of fraud/.
STATUTOR7 <ASIS
$ | L a n d T i t l e s F i n a l s
o Sec C<0 !" 1B2C: &othing in this decree shall be construed to deprive the plaintiff of
any right of action against any person for such loss E damage E deprivation wEo
4oining the &ational #reasurer as party7defendant
o Remedy $&&%# be availed of when right of 2!I will be affected
3HEN TO FILE ACTION2 FOR+ OF PLEADING
o *ay be filed wEin 1 yr from issuance of the decree0 but can be filed even before the
issuance of the decree .thus0 aggrieved party need &%# wait for issuance of decree/
o ction for Recon K %R"2&R> civil suit0 brought through ordinary complaint. 2t may
also be in the nature of a counterclaim
o &%#D: *ere applicant for free patent K &%# an aggrieved party
GROUNDS FOR RECON;E7ANCE2 3HEN IT PRESCRI<ES
o 8R'"
must be filed wEin ? yrs from discovery of fraud .discovery is deemed to have
taken place from issuance of title/
&%#D: if action arises from fictitious deed of sale0 action is one for
"D$LR#2%& %8 &'LL2#> 7 imprescriptible
o 2*!L2D" E $%&S#R'$#2ID #R'S#
2f land is decreed Etitled in another3s name through mistakeEfraud0 such
person is considered a trustee of an implied trust for the benefit of persons
from whom the property comes
#here is no promise nor fiduciary relation0 trustee does &%# recogni9e any
trust and has no interest .implied trust &%# a trust in the technical sense/
!rescription and laches as defenses
action for recon ,e"c!#e" !n 10 7RS from the date adverse title to
the property is asserted by the possessor "#D of issuance of %$# or
#$# .remember: registration in the Ro" constitutes notice to the whole
world0 so discovery of fraud is deemed to have take place/ applies if
plaintiff is &%# in !%SSDSSS2%& of property .more on this later/
Lac'e" can also bar an action to enforce implied trust doctrine in
e,uity0 cannot be used to perpetuate fraud and in4ustice
Ahen reconveyance based on implied trust does &%# prescribe
if brought by registered owners E their children
if a co7heir through fraud succeeds in obtaining cert of title in his name0
to the pre4udice of his co7heirs
2f plaintiff is in !%SSDSS2%& of the property0 since the action for recon
would in effect be an $#2%& #% L'2D# #2#LD0 wEc does &%# prescribe
.he must be in concept of an owner0 &%# a mere lessee of the
property/
2f action for recon is predicated on the fact that the conveyance
complained of was I%2" .neither may laches be invoked in this case0
based on e,uity/
o DM!RDSS #R'S#
$reated by the will of the parties0 no particular words are re,uired as long as
trust clearly intended
&ot barred by prescription
H%ADIDR0 if property held in trust has been conveyed E transferred to -!s
for value who claimed adverse title for themselves0 action for recon on the
theory of trust $&&%# proper .since -!s do &%# occupy the same fiduciary
position/
o I%2" $%&#R$#
2mprescriptible if based on void contract of sale .e5. no consent on part of
vendor/
H%ADIDR0 action $&&%# prosper when property passed to 2!I
$omplaint should allege that defendant was purchaser in bad faith E has
notice of defect in title@ otherwise defendant presumed to be 2!I in good faith
</ Ac$!on (o Da&age"
%rdinary action for damages may be brought if:
i. 1 yr from date of decree has lapsed
ii. Reconveyance is &%# possible bec property has passed to 2!I and in gf
% | L a n d T i t l e s F i n a l s
ction may be brought %&L> against applicant %R persons responsible for fraud E were
instrumental in depriving him of property
ction prescribes 1= yrs frm issuance of #orrens title over property
F/ Ac$!on (o Co&,en"a$!on (o& A""uance Fund
ssurance 8und special fund .created by Sec C- and C?0 !"1B2C/ and under custody
of the &ational #reasurer to compensate0 when proper:
i. a person who sustains L%SS E "*6D or
ii. is deprived of land E any estate
7)y reason of operation of the #orrens System
*ay be availed of in case of 2&S%LID&$> of the party who procured the wrongful
registration
$ivil in char@ may be in the form of ordinary complaint for damages
3HO +A7 FILE THE ACTION2 RE9UISITE CONDITIONS
i. ggrieved party sustained loss E damage %R is deprived of land or any estate or
interest therein
ii. Such loss0 damage or deprivation was:
1. occasioned by the bringing of the land under the operation of the #orrens
System
2. arose after original registration of land
iii. Loss0 damage or deprivation was due to
1. fraud
2. any error0 omission0 mistake or misdescription in any certificate of title0 or in
any entry or memorandum in the reg book
iv. no negligence on his part
v. he is barred from bringing an action for recovery of such land0 estate or any interest
.under !"1B2CEany provision of law/
vi. action has &%# prescribed
D5: #here is &% "D!R2I#2%& %8 L&" when a person0 posing as
registered owner0 transferred land of another who ac,uired title wEc was
void. #ransferee was &%# owner of property0 so there was &%
deprivation. 7reasurer of %hils v CA
PRESCRIPTI;E PERIOD TO FILE ACTION
i. <yrs from the time the right to bring such action first occurred .Sec 1=20 !"1B2C/
ii. &%#D: "ate of issue of certificate of title K date of deprivation of land7 /esuya v
Lacopia
iii. any error in any entry or memorandum counted from date of such entry or
memorandum
AGAINST 3HO+ ACTION FILED
i. gainst the Register of "eeds of the province E city where land is situated &" the
&at #reasurer if loss0 damage or deprivation is due to the fraud0 negligence0
omission0 mistake or misfeasance of court personnel0 Ro"0 his deputy or other
employees of the Registry in performance of their respective duties
ii. gainst Ro" concerned0 &at #reas &" other persons if cause is attributable to
other persons aside from court and Ro" personnel E officials
SATISFACTION OF 6UDGE+ENT
i. ward $&&%# be more than market value of land N time plaintiff E aggrieved party
suffered loss0 damage or deprivation
ii. 2f 4udgement is against Ro"0 &ational #reasurer and any other defendants:
1. e5ecution shall first issue against such defendants other than the &at #reas and
Ro".
2. 2f e5ecution is &%# satisfied .whollyEpartly/ and officer returning the same
certifies such0 remaining amt is to be paid by the &#2%&L #RDS'RDR out of
the SS'R&$D 8'&".
-. R! 6ov is subrogated to the rights of the plaintiff against other parties
H/ Cancella$!on Su!$"
SUITS IN;OL;ING DOU<LE TITLE
i. 'sually involve situation where 2 certificates of title are issued to "288
persons covering S*D parcel of land
ii. Ahen one title is held to be superior over the other0 the other title is
declared null and void &" ordered cancelled0 even if prevailing party did
not pray for such relief
& | L a n d T i t l e s F i n a l s
iii. GR= $ertificate earlier in date *'S# prevail E is superior between original
parties. !erson holding a later title0 even if an 2!I0 may &%# validly hold
the same against the prior title.
iv. E5= if it is established that the prior title was procured through 8R'" or
was ;'R2S"2$#2%&LL> 8LAD".
v. 2ndefeasible title may also be waived by the title holder in favor of another
who holds a subse,uent certificate.
SUITS IN;OL;ING NON>REGISTRA<LE PROPERT72 CANCELLATION FOR
OTHER CAUSES
#he ff titles can be cancelled:
i. $ert of title wEc includes !')L2$ 8%RDS#0 #2*)DRL&" or &%&7
RD62S#R)LD !R%!DR#2DS cannot be barred by prescription .those
involving public forest may be pursued in ordinary action/
ii. $ertificate of titles wEc are &'LL and I%2":
1. if issued pursuant to 4udgement that is &%#
final .violative of Sec -= O -C of !"1B2C: decree shall only issue of
4udgement is final and e5ecutory/
2. if issued by a person who did &%# claim
nor applied for registration of the land
&%#D: mere fact that %$# has been voided does &%# mean that such
declaration also affects other titles derived from the same %$# but issued
in the names of other persons who have &D2#HDR been heard nor notified
.based on due process/
ANNUL+ENT OF 6UDGE+ENT
i. ;udgement in ordinary land reg E cadastral proceedings can be annulled
pursuant to Sec C0)!12C
ii. Remedy available only where %R"2&R> RD*D"2DS %8 &DA #R2L0
!D#2#2%& 8%R RDL2D8 and %#HDR !!R%!R2#D RD*D"2DS are &%
L%&6DR available .and petitioner has &% fault/
EFFECT OF DECLARATION OF NULLIT7 OF THE TITLE
i. &ot a ground for nullifying the contractual right of a purchaser0 mortgager
or transferee in good faith
C/ 9u!e$!ng o( T!$le
3HEN PROPER2 NATURE OF THE ACTION
i. rt ?F<0 $iv$ode: when there is a cloud E title to real property or any interest
therein0 by reason of any instrument0 claim0 encumbrance or record P2$DRQ wEc is
apparently IL2" but is in #R'#H and 2& 8$# 2&IL2"0 ineffective0 voidable or
unenforceable0 and may be pre4udicial to said title0 action to remove cloud or ,uiet
title may be brought
ii. $omplaint for ,uieting of title K ordinary civil remedy
iii. &ot technically 2& RD*0 nor 2& !DRS%&*0 but L'S2 2& RD* .being against the
person in respect the res or ob4ect/
iv. ;udgement conclusive only between the parties
v. L# D,uivalent to an action for recon of title wrongfully E erroneously registered in
another3s name
vi. $laimant must show that there is an instrument0 record0 claim0 encumbrance0
proceeding wEc casts a $L%'"0 ,uestion0 doubt upon owner3s title
vii. 6R%'&" 8%R 82L2&6 L# $%*!L2&#: 2$DR .note that these grounds are e5clusive
as long as wEin the purview of these reasons/
viii. D5. physical acts of intrusion not a ground for action to L#1
FOR+ OF CLOUD ON TITLE
i. $ertificate of title over land covered by another certificate cloud on title1
ii. $laim on property E ineffective Spanish title0 #"s and realty payments0 documents
purporting to indicate claim was inherited by him0 mortgage lien over land covered
by real estate mortgage cloud on title1 .can be ground for action to L#/
3HO +A7 FILE ACTION TO 9UIET TITLE
i. Registered owner of property
ii. $an also be person other than registered owner0 such as one who has e,uitable
rightEinterest over the property .(title+ does not necessarily refer to the certificate0
can connote ac,uisitive prescription by possession in concept of owner/
iii. Suitors need &%# be in possession of the property
3HEN ACTION I+PRESCRIPTI<LE
' | L a n d T i t l e s F i n a l s
i. ction to L# does &%# prescribe
ii. 'ndisturbed possession of a person gives him a continuing right to seek the aid of a
court in e,uity to ascertain and determine the nature of the adverse claim of a -!
.even if -! has #orrens title/ and its effect on his
1=/ C!&!nal Ac$!on
State may criminally prosecute for !DR;'R> the party who obtains registration through
fraud .who states false assertions in a swoern answer/
Sec 11<0 LR is applicable to LL who make false statements0 regardless of whether or
not those statements were given credence by land reg court
11/ Re*e"!on "u!$" ?unde Land Pa$en$"@> C'a, 1-
CHAPTER 1- LAND PATENTS
dministrative Registration : no difference with 4udicial registration as to effect
dmin bodies: .1/ $D&R% .2/ L*) .-/ "D&R
difference in land patents: applicant acknowledged that land is still owned by State. Ahen given
patent0 considered a giftEgrant from government.
1. Pu#l!c land ,a$en$"2 e/u!"!$e eg!"$a$!on
Registration of public land patents re,uired by Sec. 1=- !" 1B2C
Sec. 1=- $ertificate of title pursuant to patents
o !" 1B2C governs situations when 6ov3t alienate0 grant0 or convey public land to
any person
o %fficial issuing the instrument of alienation0 grant0 patent or conveyance in behalf
of gov3t has the duty
to file such instrument with R%" of the province or city where the land lies
to register such instrument like other deeds O conveyance0 where a
certificate of title shall be entered as in other cases of registered land O an
owner3s duplicate issued to the grantee
o "eed0 grant0 patent0 or instrument of conveyance from gov3t to grantee R
conveyanceE binding of land
%perate only as:
a $%&#R$# between the gov3t O the grantee
DI2"D&$D of authority of R%" to make registration
o ct of registration K operative act to affect O convey land
2n all cases0 under !" 1B2C0 registration shall be made in the %ffice of R%"
of the province or city where the land lies
o Registration fees paid by grantee
o fter due registration O issuance of certificate of title land deemed to be
RD62S#DRD" L&" to all intents O purposes under this decree
Sec. 1=-: restatement of Section 122 of ct &o. ?C< .LR/
Sec. 1=F $ &o. 1?1 .!ublic Land ct/ provides:
o ctual conveyance of land covered by all public land patents or certificates of land
grant shall be effected only as provided in Sec. 122 of ct &o. ?C<
fter registration in the %ffice of R%" concerned
A. 8inds of public land patents# to !hom granted
1. Homestead patent
2. 8ree patent
-. Sales patent
?. Special patents
S1CHF $onstitution: !hil. citi9ens may not ac,uire T 12H of agricultural land of public domain
by purchase0 homestead or grant
$ase: ) has patent. )ut in possession files an e4ectment suit against ). Aho winsU . because
re,uirement that applicant be in possessor and cultivation. ) is in fraud and misrepresentation.
(1) 9omestead %atent
a. $iti9en
b. %ver 1H y.o.E head of family
c. Aho does not own more than 12H of land in the !hils. E has not had the benefit of any
gratuitous allotment of more than 12H since the occupation of the !hils. by the '.S.
d. Resided continuously for at least 1 year in the municipality where the land is situated
1* | L a n d T i t l e s F i n a l s
e. $ultivated at least 1EB of the land applied for
can be sub4ect to land reform
*:+ 'ree %atent
SR <C?= approved on *arch 2H0 1CC= amended Sec ?? of !L O provides:
!erson entitled to have free patent issued to him for tract or tracts of land &%# DM$DD" 12H:
a. &atural7born citi9en of the !hilippines
b. &ot owner of more than 12H
c. Has continuously occupied O cultivated0 either by himself or thru his predecessors7in7
interest for at least -= years prior to the effectivity of R <C?= .approved on *arch 2H0
1CC=/ a tract or tracts of agricultural public lands sub4ect to disposition
d. !aid real ta5es while land has not been occupied by any person
!eriod for filing applications ends on "ec. -10 2===
8iling O processing of application O issuance of free patent constitute administrative mode
of confirming an imperfect title
o ;udicial mode under Section ?H.b/ of !L
*0+ /ales %atent
government acts as seller0 auctioned off. )'# doesn3t usually happen often. Sir says: no
more than 1B0=== issued in the !hilippines
.a/ Aho may purchase public agricultural land V 12H:
a. 8ilipino citi9en
b. %f lawful ageE head of a family
!rivate corps or associations are not ,ualified to purchase such land
Land applied for is sold at public auction
o warded to highest bidder
#hereafter re,uired have at least 1EB of the land broken O cultivated wEin B
years from date of the award
2ssued to him only after
full payment of purchase price
having established his actual occupancy0 cultivation0 O
improvement of at least 1EB of the land until date of such final
payment
.b/ Ahat else may be sold to 8ilipino citi9ens who meet ,ualification to purchase public lands
for agricultural purposesU
gricultural lands suitable for residential% commercial or industrial purposes0 not e5ceeding
12H
Land sold at public auction O awarded to highest bidder
o Sales patent may be issued to him after
full payment of the purchase price
completion of construction of permanent improvements appropriate for the
purpose for which the land is purchased wEin 1H months from date of
award
.c/ R" &o' ()* .took effect: ;une 1H0 1CB2/
7 !ermits SLD AE% !')L2$ '$#2%& of public lands for residential purposes
7 D5ception to the 6R that sale should be by bidding
7 Lands ac,uired under this law shall not be sub4ect to any restrictions against encumbrance or
alienation before O after issuance of patents
7 pplies %&L> 28:
area applied for V 1k m
2
purchaser meet ,ualifications specified
a. 8ilipino citi9en
b. %f legal age
c. &ot owner of a home lot in the municipality in which he resides
d. Aho has in good faith established his residence on a parcel of land of public domain of the
R!
- Ahich is not needed for public service
- Land V 1k m
2
- t a price fi5ed by "irector of Lands wE approval of the Secretary of griculture O
&atural Resources
e. DSSD&#2L $%&"2#2%&: occupant has constructed his house on the land O actually
resided therein
*1+ /pecial %atents
.a/ Ahen Special patents may be granted to &on7$hristian 8ilipinos
a. Secretary of Local 6ov3t certifies that the ma4ority of non7$hristian inhabitants of
any given reservation have advanced sufficiently in civili9ation
b. !resident may order that the lands of public domain wEin such reservation be
granted under the general provisions of !L to said inhabitants
*ay also be issued
#o cover lands that may be sold under the provisions of Sec <C O F= of !L0 which
authori9e concession of lands of public domain for educational0 charitable O similar
purposes
.b/ R &o. C2< .effective ;une 2=0 1CB-/
uthori9es the !hil. !resident to convey public land O other property in payment of
landed estates ac,uired by the 6ov3t
Section 1:
o #hru voluntary agreement or thru e5propriation proceedings
o AE written consent from owner of land
o Serve as total or partial payment of such compensation
o 2n effecting such e5change involving involving public agricultural land0 the
assessed value shall not be taken into consideration.
!ublic land conveyed under this ct limited to V 12H
Special patent may be issued by the 6ov3t in favor of the owner of the landed estate
ac,uired
%$# issued pursuant to Special !atents K concrete O conclusive evidence of an
indefeasible title to the properties covered thereof
<. Registration of patent mandatory# its effects .Sec 1=F !L/
ll land patents must be registered since conveyance of the land covered thereby is
effective only upon registration.
o *andatory to affect -
rd
parties
o bsent registration title to land not perfected0 thus0 not indefeasible
!atent becomes indefeasible as a #orrens #itle
o %nly when !#D&# 2S RD62S#DRD" .!" 1B2C/
o Sales patent: public character of land not divested by issuance of sales patent
but only until registration thereof in %ffice of R%"
%$# issued pursuant to a public land
o &ature: $ertificate of #itle .$#/ issued in a 4udicial proceeding as long as the
land covered is really part of public domain
o $# becomes indefeasible O incontrovertible upon e5piration of 1 year from date
of issuance of the order of issuance of the patent prescription can3t operate
against the registered owner
o Land covered by title
may not be sub4ect matter of cadastral proceedings
can3t be decreed to another person
-. Re"$!c$!on" on al!ena$!on: encu&#ance o( land" $!$led ,u"uan$ $o ,a$en$"2 !g'$
$o e,uc'a"e
+ec' ,,- ./"
!rohibits alienation or encumbrance of lands ac,uired under free patent or homestead
patent
o DM: 2n favor of 6ov3t or any of its branches0 units0 institution0 or legally
constituted banking corporation
from the date of approval of application
for a term of B years from O after date of issuance of the patent or
grant
!roscribes alienation0 transfer0 conveyance of any homestead .also of free patent
grants/ 8#DR B years O )D8%RD 2B years after issuance of title wEo the approval of
the Sec. of Dnvironment O &atural Resources
o Restriction applies to disposition of rights before or after issuance of patent
o !atent is deemed issued upon !R%*'L6#2%& %8 %R"DR 8%R 2SS'&$D
thereof by the "ir. of Lands
!rohibits taking of said properties for satisfaction of debts contracted before the
e5piration of said period
+ec ,,0 ./"
6ives owner7vendor of lands ac,uired under free patent or homestead patent0 his
widow0 or legal heirs the !g'$ $o e,uc'a"e the same0 wEin B years from date of
conveyance
A. Reason for prohibition ; the right to repurchase# !hen such right is lost
8undamental State policy: #o preserve O keep in the family of public land grantee that
portion of public domain wEc the State has gratuitously given to him
*andatory prohibition
o Iiolation renders conveyance null O void
o $annot ac,uire validity thru passage of time
!rohibition e5tends even to sales to homesteader3s own son or daughter or
descendants
Restriction may not be circumvented by stipulation in the "eed of Sale that actual
conveyance of land or portion thereof would be made only after the lapse of the B7yr.
period illegal O void deed
)ut when
o land to be redeemed is no longer agricultural but residential OEor commercial
o intention to repurchase is to e5ploit it for business or greater profit
right to repurchase not allowed .lost its purpose/
B. 7hen to avail of the right to repurchase or redeem# manner of e$ercising such
right
Right to repurchase .Sec 11C !L/ attaches to every alienation or encumbrance
$an be e5ercised even wEo stipulation in "eed of Sale
$an3t be waived by party entitled thereto
pplies e,ually to both voluntary O involuntary conveyances
B7year period for its e5ercise:
o Starts from date of e5ecution of deed of sale .even if full payment of purchase
price not made on such date/
'nless contrary stipulated
o $an3t be restricted by $ourt order
Suit aiming to restrict will merely suspend the period to repurchase0 O
wEc period will commence to run only after finality of decision therein
o 2n case of mortgaged land granted under homestead patent0 or free patent0
sold as e5tra74udicial foreclosure0 B7year period of redemption begins to run
from the day after e5piration of one7year period to repurchase allowed in
e5tra74udicial foreclosure
2f suit filed wEin the period0 no need to make an offer to redeem0 or
tender payment of purchase price0 or consignation of redemption price
8iling of action K formal offer to redeem
%nly the living vendor has the right of redemption
o 2f vendor dies widows O legal heirs have right
D5ercise of right e5pressed in any form or manner as long as act amounts to a demand
for reconveyance
1! | L a n d T i t l e s F i n a l s
o D.g. owner7vendor going to residence of vendee0 tendering to latter the
amount of the repurchase price
C. Other restrictions on public land grants
.Sec. 12=712- of Sec. 2 R F-=/
+ec' ,1*2
Re,uires conveyances O encumbrances made by persons belonging to the (non7
$hristian tribes+ be made only when:
o the person making the conveyance or encumbrance is able to read O
understand the language in wEc the instrument or deed is written
$onveyances O encumbrances by illiterate non7$hristians need approval by the
$ommissioner of *indanao O Sulu
+ec ,1, 3 "rt 455 +ec' ) $onstitution2
llows private corporation0 association or partnership to lease lands covered by free
patent0 homestead patent or individual sales patent
o solely for commercial0 industrial0 educational0 religious or charitable purposes
pr for a right of way
o wE consent of the grantee
o wE approval of Secretary of Dnvironment O &atural Resources
+ec' ,11
restricts disposal of lands originally ac,uired in any manner under provisions of !L to
those who are ,ualified to ac,uire lands in public domain
D. Effect of violations of the restrictions
Renders unlawful0 null O void from e5ecution any ac,uisition0 conveyance0 alienation0
transfer0 or other contract
nnuls O cancels the grant0 title0 patent or permit originally issued0 recogni9ed or
confirmed0 actually or presumptively
o $ause the reversion of the property O its improvements to the State
A. Ac$!on" aga!n"$ !&,o,e. !llegal !""uance o( ,a$en$" B $'e! coe",ond!ng CT"
Reversion0 cancellation0 reconveyance suits
A. Reversion suits ($ancellation suit or annulment suit#
%b4ectives:
o $ancellation of the $#
o $onse,uential reversion of land covered thereby to the State
"ifferent from an action for cancellation brought by a private individual not result in
reversion of land to the State
R#$ where land involved is located
Evangelista v' +antiago (1**6#
"ifference ction for reversion %rdinary civil action for
declaration of nullity of free
patent O $#s
llegations as to the
character of ownership of
realty whose title is sought
to be nullified
llegations in complaint would
admit State ownership of
disputed land
Sllegations of plaintiff3s
ownership of the contested lot
prior to issuance of such free
patent O $#
S"efendant3s fraud or mistake
in successfully obtaining these
docs of title over the parcel of
land claimed by plaintiff
S&ullity arises strictly not from
fraud or deceit but from fact
that the land is beyond the
4urisdiction of )ureau of Lands
to bestow and whatever patent
$# obtained is void
1" | L a n d T i t l e s F i n a l s
!erson entitled to relief "irector of Lands representing
the State
!laintiff alleging pre7e5isting
right of ownership over parcel of
land in ,uestion even before the
grant of title to defendant
&. 5rounds for reversion
a# 7iolation of +ections ,,-% ,1*-,1) of ./" ($om' "ct ,6,#
Renders conveyance or disposition of property void
$ause reversion of property O its improvements to the state
o )ut reversion is not automatic0 6ov3t has to take action
"oes not distinguish between e5ecutory or consummated sales
o lienation or sale of homestead patent wEin B7year prohibitory period void
o )ilateral promise to buy O sell homestead lot at certain price0 demandable wEin
B7year prohibitory period void
o State imposes a 1=7yr period from issuance of $# prohibiting sale0 alienation O
encumbrance of land forming part of a landed estate ac,uired by gov3t for
distribution to landless tenants O farmers
Ahen grantee violates void
Reversion suits may properly be instituted to revert properties involved to the
state
b# 8hen land patented 9 titled is not capable of registration (&on-registrable lands#
Land *anagement has no 4urisdiction over public forest or any lands not capable of
registration
o Ahen misled into issuing patents over non7registrable lands .issued by mistake
or oversight/:
$#s wE 4urisdictional flaw
Ioid decree or title
Aarrants institution of suits to revert lands to State
Ahere a portion of public domain .river/ has been erroneously included in a free
patent but no clear evidence of fraud
Dntire free patent should not be nullified
%nly portion of public domain should be ordered reconveyed by patentee to the
State
c# :ailure of the grantee to comply w; conditions imposed by law to entitle him to a patent or
grant
Ioids the patent
!atentee commits fraud O misrepresentation
5pso facto produce cancellation of the concession0 title0 or permit granted
.Sec. C1 !L/
!atentee cannot invoke the principle of indefeasibility of title issued pursuant to a
public land patent one year after its issuance
o grant tainted wE fraud O secured thru misrepresentation is null O void O of
no effect
D5amples of fraud O representation.ground for annulment of title/
o 8ailure of applicant to disclose in his free patent application that another
person was in possession of a portion of land applied for
o n e5panded area resulting from subdivision or consolidation survey wEc is not
wEin the area originally applied for and titled can3t be brought under #orrens
System
d/ 8hen land is acquired in violation of the $onstitution may be reverted to State
Land ac,uired:
)y alien .violation of Sec. F of rt. M22 of $onsti/
)y a private corporation0 where its !72720 if any0 has not priorly ac,uired an imperfect
title thereto .Sec. - rt M22 of $onsti/
:. 7ho institutes action for reversion
S6 in behalf of R!
1# | L a n d T i t l e s F i n a l s
o Has specific power O function to:
Represent the 6ov3t in all land registration O related proceedings
2nstitute actions for reversion to the 6ov3t of
lands of public domain O improvements thereon O
land held in violation of the $onstitution
6R: !rivate person not proper party to bring suit
o DM: S$0 in e5ercise of its e,uity 4urisdiction0 may directly resolve the issue of
alleged fraud in ac,uisition of land patent in a suit instituted by a private
person where
8acts are not disputed
rea involved is small
0. )nvestigation by Director of Lands prior to institution of the suit
"%L has:
o 2nvesitgative authority
o $onse,uential duty to initiate action for reversion0 or annulment of title issued
by the "%L
D5tends to lands that may have been ceded to a city
!L does not distinguish whether lands of public domain belong to the
nat3l gov3t or to any branch of local gov3t
"%L3s investigation precedes suit
o &ot barred by title over land previously public
if purpose of investigation is to determine whether or not fraud had
been committed in securing such title in order that appropriate action
for reversion may be filed by the 6ov3t
1. )ndefeasibility of title( prescription( laches and estoppels do not bar reversion
suit
Reversion not barred in this case when land is non7registrable property or non7
alienable land of the public domain
o "%L has no 4urisdiction to dispose such a land
"efense can3t be invoked where basis of ground for action is
o non7compliance wE the cultivation O occupation re,uirements of the law0 or
o for violation of restrictions imposed on the public land patent
o Reason: these conditions O restrictions are parts of grant@ !L e5pressly states
that any violations of specific !L provisions nullify grant or sub4ect title to
reversion suit
6ov3t is never estopped by mistakes O errors of officials or agents
6ov3t not bound by prescription or laches
o Law O public policy re,uire an unimpeded e5ercise of its sovereign function as
when it brings suit to revert illegally ac,uired public land
o "oes not apply to corporations or artificial bodies created by the State for
special purposes .same category as ordinary persons/
B. Cancellation suits
"%L has no 4urisdiction if land covered by patent was private land
o #itle issued pursuant to patent null O void
o ggrieved party may institute an action for cancellation of title
C. Action for reconveyance
!roper where patent O corresponding $# were ac,uired in breach of constructive or
implied trust
o i.e. $o7heir obtains title over portions that do not belong to him0 or when a
tenant similarly obtained title on the land he was tilling
#$ shall not peremptorily dismiss an action for reconveyance brought by a private
party based on breach of constructive or implied trust0 notwithstanding that the titled
land was previously a public land
o 6enerally0 "%L0 thru S6 is proper party to bring suit
o However0 in above7stated case0 a preliminary hearing must be held to
determine against whom fraud was committed
1$ | L a n d T i t l e s F i n a l s
2f fraud or misrepresentation was committed against the State or in
violation of law "%L proper party
2f committed against petitioner in breach of the parties3 understanding
petitioner .private person/ proper party
C. E&anc!,a$!on ,a$en$"2 cond!$!on" (o !""uance
Emancipation Decree (.D 1(< =ctober 1,% ,0(1#
#enants7farmers of private agricultural lands primarily devoted to rice O corn shall be
deemed owner of a portion constituting a family7si9e farm of BH if not irrigated O -H if
irrigated
#o implement decree0 "R shall issue in duplicate a $ertificate of Land #ransfer for
every land brought under %peration Land #ransfer
o %riginal shall be kept by tenant7farmer
o "uplicate in Registry of "ecree
o R%" maintains a special registry book: !rovincial Register of "ocuments .for
purpose of keeping said certificate/
Dmancipation !atent which may cover previously titled or untitled property is issued to
tenant :farmer by "R when tenant7famer has
o !aid total cost of the land
2n 1B years of 1B e,ual annual amorti9ation
o )ecome fully7pledged member of a duly recogni9ed farmer3s cooperation
o $omplied wE related obligations
fter Dmancipation !atent has been issued0 the R%" O "R are re,uired to do or act
as follows:
o $omplete the entries on aforementioned Dmancipation !atent
o 2f unregistered land: ssign an %$#
2f registered land: 2ssue corresponding #$# wEo re,uiring surrender of owner3s
duplicate of title to be cancelled
2f grantee dies
o "R shall determine his heirs or S7272 O notify R%" immediately
2f property covered by Dmancipation !atent or $# emanating from Dmancipation !atent
is subse,uently transferred
R%" shall effect the transfer only upon receipt of the supporting papers from
"R
&o fee0 premium0 or ta5 of any kind shall be charged or imposed in issuance of an
original Dmancipation !atent O for registration of related docs
A. Restriction on the patent
.D 1(
6R: #itle to land ac,uired pursuant to !" 2F or Land Reform !rogram of 6ov3t &%#
#R&S8DR)LD
DM:
o by hereditary succession or
o to the 6ov3t
#o ensure the beneficial effect of land ownership by tenant7farmers are not defeated
.not be shackled again by the bondage of the soil/
B. /ubse<uent dealings on lands covered by Emancipation %atents
+ec' ,*> .D ,?102 +ale of "gricultural /and< affidavit
6R: &o voluntary deed or instrument purporting to be a subdivision0 mortgage0 lease0
sale or any other mode of encumbrance or conveyance of private agricultural land
principally devoted to rice or corn or any portion thereof shall be registered
DM: 'nless accompanied by an affidavit of the vendor or e5ecutor stating that
o #he land involved is not tenanted
o 2f tenanted0 the same is not primarily devoted to rice OEor corn production
6R: 2f only a portion of the land is primarily devoted to rice OEor corn production0 O
such are so devoted is tenanted
&o deed or instrument shall be registered
DM: 'nless accompanied by an affidavit stating
1% | L a n d T i t l e s F i n a l s
o rea .si9e/ or the portion which is tenanted or portion primarily devoted to rice
OEor corn production
o O that deeds of instrument covers only the untenanted portion or that which is
not primarily devoted to rice OEor corn production
o *emorandum of said affidavit should be annotated on the $#
o R%" should cause a copy of registered deed or instrument W affidavit to be
furnished the "R Regional %ffice where land is located
D7D: ffidavit not re,uired
o Ahen tenant7farmer deals with his $# of Land #ransfer or Dmancipation !atent
in accordance wE law
!urpose of affidavit
o #o complement the restriction against transfer of title to lands ac,uired under
Dmancipation "ecree

1& | L a n d T i t l e s F i n a l s
CHAPTER 1A RECONSTITUTION OF TITLE2 OTHER PETITIONS:ACTIONS AFTER
ORIGINAL REGISTRATION
if lost : law re,uires you to notify Ro"0 then apply for reconstitution. .#$# &o R/
if fake %$#E#$# no 2!I
1. Recon"$!$u$!on o( lo"$ o de"$o%ed o!g!nal co,!e" o( ce$!(!ca$e o( $!$le
A. =eaning( purpose and nature
7restoration of instrument which is supposed to have been lost or destroyed in its original form and
condition
7the purpose of the reconstitution of title or any document is to have the same reproduced0 after
proper proceedings0 in the same form they were when the loss occurred
7the applicant must prove not only the title0 but also the time of lost0 that he was the registered
owner. if it goes beyond reconstruction and becomes alteration0 the document is null and void
7if no such %$# e5ists0 reconstituted title is a nullity
7partakes a land registration proceeding and is in rem
B. /ources of judicial reconstitution of title
?1@(o o!g!nal ce$!(!ca$e o( $!$le
a. %wner3s duplicate of the certificate of title
b. $o7owner3s0 mortgagee3s or lessee3s duplicate of said certificate
@ for a9b2 +ec 0 9 ,* of R" 1> apply' ,# publication in =fficial AaBette 1# posting and notice
c. $ertified copy of such certificate0 previously issued by the Ro" or by a legal custodian
d. uthenticated copy of the decree of registration or patent0 which was the basis of certificate
e. "eed or mortgage0 or lease0 or encumbrances containing description of property covered by the
certificate of title0 and on file with Ro"0 or an authenticated copy indicating that its original
had been registred
f. ny other document which0 in the 4udgment of the court0 is sufficient and proper basis for
reconstitution
S for c-f2 +ec ,1 9 ,) of R"1> apply' ,# publication in =A 1# posting and notice ./C+
)# notice sent to adjacent owners ! since boundaries not sure unliDe in a 9 b
?-@ (o $an"(e o( $!$le
a. Same sources as above e5cept d.
b. "eed of transfer or other document containing description of property covered by #$# and on
file with Ro"0 or authenticated copy indicating that its original had been registered and
pursuant to which the lostEdestroyed certificate was issued.
?A@ Rule on a*a!l&en$ o( Dan% o$'e docu&en$E dee&ed "u((!c!en$
7it must refer to similar documents previously enumerated therein
7 e5ample: 1/ certification from )ureau of lands 2/ decision in civil case for recovery of possession
-. Re/u!e&en$" and ,ocedue
A. %ublication of notice and posting under /ections > and &?
7re,uires that -= days )D8%RD the date of the hearing:
.1/ a notice be published in two .2/ successive issue of the %6 at the e5pense of the petitioner
.2/ notice be posted at the main entrances of the provincial building and of the municipal hall of
the municipality or city where the property is located
7Such notice should contain:
1.the number of the certificate of title
2.the name of the registered ownerEs
-.the name of the interested parties appearing in the reconstituted certificate of tiel
?.the location of the property
B.the date where all persons having interest should appear and file such claims
B. /ec > and &? on re<uired notice and publication and posting are mandatory and
jurisdictional
7 &on7compliance with such mandatory re,uirements renders proceedings void0 and thus title void.
7 &ote that under Sec C and 1=0 no re,uirement to send notices to ad4acent owners
C. Contents of petition
1. that the owner3s duplicate of the certificate of title had been lostEdestroyed
2. that no co7owner3s0 mortgagor3s or lessee3s duplicate had been issued
-. the location0 area and boundaries of the property
1' | L a n d T i t l e s F i n a l s
?. nature and description of the buildings and improvements which does not belong to the owner0
and the names and addresses of the owners of such improvements
B. the names and addresses of .a/ occupantsEpersons in possession .b/ owners of ad4oining
properties .c/all persons who may have interest
<. detailed description of encumbrances 0 if any
F. a statement that no deed affecting the property have been presented for registration0 or if any0
that the registration has not been accomplished yet
7 all documents to support claim shall be attached
7 if it is (any other document+0 shall be accompanied with a plan and technical description of the
property approved by the administrator of the LR or certified copy of description from prior
certificate
7 the court is mandated to issue a notice of the petition for reconstitution
&. %ublication of notice and posting and sending by mail under /ection &: and &0
#he $ourt shall cause the said notice to be: ll done at least -= days )D8%RD date of hearing
.1/ published in two .2/ successive issue of the %6 at the e5pense of the petitioner
.2/ posted a the main entrances of the provincial building and of the municipal hall of the
municipality or city where the property is located
.-/ sent by mail to every person in the notice
7only the registered owners or his assign or heirs may file. Ro" &%# a proper party to file petition
7publication in the local newspaper is not re,uired
D. /ection &: and &0 mandatory and jurisdictional other!ise @O)D
E. Duty of courts( and a !arning to them
7reconstitution proceedings have many times been misused as a means of divesting a property
owner of title to his property
7the duty of the court to issue the order of reconstitution is mandatory and gives him no discretion
to deny the same if all the basic re,uirements of the law have been complied with as when:
a/the petitioner is the registered owner
b/the certificate of title was in force at the time it was lost or destroyed
c/the evidence presented is sufficient
7the order of reconstitution becomes final after 1Bdays from receipt by the Register of "eeds and
the dministrator of the LR
'. Administrative reconstitution
7revived in a limited scale. may be availed only in case of:
1. substantial loss or destruction
2. due to fire0 flood or force ma4eure
-. as determined by the administrator of the LR
?.!rovided0 that the number of damage should at least be 1=X of the total number in the
possession of the Register of "eeds
B./!rovided further0 it be no less that B== certificates
*&+ /ources for administrative reconstitution
a. owner3s duplicate of the certificate
b. co7owner3s0 mortgagee3s or lessee3s duplicate of said certificate
*:+ Content of petition
*ust contain:
1. petitioner3s full name0 address and personal circumstances
2. the nature of his interest
-. title number of the certificate to be reconstituted
2t must be verified and accompanied by the sources of reconstitution0 and an affidavit of the
registered owner stating:
a. that no deed affecting the property has been presented
b. owner3s duplicate certificate is in due form without any apparent intentional alterations
or erasures
c. certificate of title is not sub4ect of litigation or investigation0 administrative or 4udicial0
regarding its genuineness or due e5ecution or issuance.
d. certificate of title was in full force and effect at the time it was lost
e. certificate is covered by a declaration regularly issued by the ssessor3s office
f. real estate ta5es have been fully paid up to at least 2 years prior to the filing of the
petition
*0+Revie! and appeal of decision
7the LR administrator may review the decision
2* | L a n d T i t l e s F i n a l s
7any appeal may be field 1Bdays after the receipt of the 4udgment
7any interested party who by 8*D has been deprived from taking part in the proceeding may file
a petition within <= days after the petitioner learns of the decision but not more than <moths from
promulgation
7the decision of the LR may be appealed by means of petition for review to the $
7petition to set aside the decision of the reconstituting officer on ground of 8*D may be filed with
the R#$
A. A&end&en$ and al$ea$!on on $'e ce$!(!ca$e
A. 5rounds for petition
7no alteration0 erasure or amendment can be made on the Registration book after the entry of the
certificate or memorandum unless an order by the R#$
7this may be filed with the R#$ by:
a/ registered owner
b/ other persons having an interest in the registered property
c/ Register of "eeds with approval of the administrator of the LR on any of the ff0 when:
1. registered interests of any description have terminated and ceased
2. new interest have arisen or been created which do not appear upon the certificate
-. any error was made in entering a certificate
?. the name of the person on the certificate has been changed
B. the owner has married or unmarried and rights will be affected
<. a corporation who owns registered land has been dissolved0 and not conveyed it within
- years after dissolution
F. reasonable ground for amendment or alteration of title
B. E$tent and limitation of court"s authority
#he court has no 4urisdiction to reopen the 4udgment of decree of registration. fter due hearing
them0 the court may only
a/order the entry or cancellation of a new certificate
b/order the entry or cancellation of a memorandum upon a certificate
c/grant any other relief upon such terms and conditions
C. Suende o( )!$''eld du,l!ca$e ce$!(!ca$e o( $!$le
A. 5rounds for petition file for mandamus
7a party in interest may file with the R#$ to compel surrender of the owner3s duplicate certificate
a. where it is necessary to issue a new certificate pursuant to any involuntary instrument which
divests the title of the registered owner against his consent
b. where a voluntary instrument cannot be registered by reason of the refusal or failure of the
holder to surrender the owner3s duplicate certificate of title
c. where the owner3s duplicate certificate is not presented for amendment or alteration pursuant t
a court order
B. Actions by the Court
7after hearing the petition0 the court may:
a. order the registered owner or any person withholding the duplicate certificate to surrender the
same and direct the entry of a new certificate
b. order the annulment of the owner3s duplicate certificate and the issuance of a new certificate
C. Remedy by motion
7a party may by motion also ask the R#$ to compel the holder of the duplicate of title to surrender
the same to the Register of "eeds for the registration of the deed of sale sub4ect of the principal
action for specific performance as a necessary incident to the main case
F. Re,lace&en$ o( lo"$ du,l!ca$e ce$!(!ca$e o( $!$le
7 2n case of loss0 destruction or theft of owner3s duplicate0 due notice under oath shall be sent by
the owner or by someone in his behalf to the Register of "eeds0 as soon discovered.
7 sworn statement of fact of such loss
7 after due hearing and notice0 new title issued
7 the petition should be filed with the R#$ where land lies
7 notice should be sent to all persons interested in the property
7 notice to Sol6en not imposed. 2t is Ro" who should re,uest for representation by So6en
7 2f not in fact lost0 no necessity and proceedings null and void for lack of 4urisdiction
7 only issues to be resolved: .1/ indeed lost .2/ person seeking replacement is the registered
owner or person in interest
CHAPTER 1C SU<SE9UENT REGISTRATION
Subs, Reg : transaction of owner with other people over his land covered by certificates of title
Ioluntary Reg: .1/ filing of the notari9ed documentEinstrument .2/ registration fee .-/ recording
in the !rimary Dntry )ook .?/ presentation of the owner3s duplicate
2nvoluntary Reg: .1/7.-/ same as voluntary reg0 only .?/ &%# included
)ad faith must be at the time of purchase.
1. Sco,e o( "u#"e/uen$ deal!ng" )!$' eg!"$eed land
a/ Ioluntary dealings: deeds0 instruments or documents which are the results of the free and
voluntary acts of the parties thereto. D5: sales0 conveyances0 or transfers of ownership over the
titled property0 mortgages and leases0 powers of attys0 and trusts.
b/ 2nvoluntary dealings: writ0 order or process issued by a court of record affecting registered land
which by law should be registered to be effective0 and also those instruments which are not willful
acts of the registered owner0 or e5ecuted without his knowledge or against his consent. D5: writs
of attachment0 in4unction0 or mandamus0 sale on e5ecution of 4udgment or sale for ta5es0 adverse
claims0 and notice of lis pendens.
A. .ecessity and effects of registration in general
a/ e5cept a will that purports to convey or affect registered lands0 the mere e5ecution of deeds of
sale0 mortgages0 leases0 or other voluntary documents server only 2 purposes: .1/ as a contract
between the parties@ and .2/ as evidence of authority of the Ro" to register such
b/ 2t is only the act of registering the instrument in the Ro" for the province or city where the land
lies which is the operative act that conveys ownership or affects the land as to -
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parties.
c/ the act of registration creates a constructive notice to the whole world
7 'nder the rule of notice0 it is presumed that the purchaser has e5amined every instrument
affecting the title. Such presumption is irrefutable. He is charged with notice of every fact shown
by the record and is presumed to have every fact which an e5amination of ht record would have
disclosed.
B. @oluntary and involuntary registration distinguished
7 Ioluntary: an 2!I of registered land becomes the registered owner0 and0 in contemplation of law
the holder of a certificate of title0 the moment he presents and files a duly notari9ed and valid deed
of sale and the same is entered in the day book .primary entry book/ and at the same time he
surrenders or presents the owner3s duplicate certificate of title covering the land sold and pays the
registration fees0 because what remains to be done lies not within his power to perform.
7 2nvoluntary: an entry in the day book of the Ro" is sufficient notice to all persons even if the
owner3s duplicate is not presented to the Ro"
7 deemed registered from the time so noted in !rimary Dntry )ook DM$D!# when sent by
registered mail0 date of mailing is considered date of filing0 and not the time of receipt.
-. ;olun$a% In"$u&en$"
A. 'ormal and procedural re<uisites for registration in general
1/ in a form sufficient in law
7 shall contain or have endorsed upon it the full name0 nationality0 residence and postal address of
the grantee0 whether unmarried or married0 and full name of spouse.
7 2f grantee is a corporation0 a recital that it is legally ,ualified to ac,uire private land.
7 ny change in residence or postal address shall be endorsed by the Ro" on the original copy of
the certificate upon receiving a sworn statement.
7 ll names and address shall be entered on all certificates.
7 2mportance of addressEes underscored by the provision which makes notices and processes
issued in relation to registered land at said address or addresses binding on the party in interest0
whether such person resides within or without the !hilippines.
2/ instruments or deeds with their copies shall be presented to the Ro"
-/ the owner3s duplicate must be presented to the Ro".
7 if more than 1 copy0 all copies must be presented.
7 owner3s production conclusive authority from registered owner to Ro" to enter a new certificate0
and it shall be binding upon owner and all those claiming under him in favor of every 2!I.
?/ payment of fees
B. Deeds of sale or conveyance and transfers
"eed of sale must be accompanied by $ertificate of uthority to Register .$R/ which is issued
by )2R after payment of capital ta5 gains.
?1@ Reg!"$a$!on )'en deed co*e" en$!e $!$led ,o,e$%2 )'en onl% ,o$!on con*e%ed.
D5ample: owns 1=h0 sells only 2h to ). *ay the deed of sale be registered in Ro" even
without subdivision planU >DS. sale is merely annotated on the back of the %$#. the %$# is not
cancelled0 it will merely say (portion of G+ sold to ). #his is done to protect interest as buyer of
that portion0 such portion may be transferred since registration is the operative act.
7 SecBH !"1B2C: 2f deed of conveyance only for a part of land0 the Ro" shall not enter any
transfer certificate to grantee until a plan of such land showing all the portions or lots into which it
has been subdivided and corresponding technical descriptions shall have been verified and
approved. *eanwhile0 such deed may only be annotated by way of memorandum upon the
grantor3s certificate of title0 and such memorandum serves as a notice to -
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persons and is
effectual to show the grantee3s title to the portion conveyed to him0 pending the actual issuance of
his corresponding certificate.
7 'pon approval0 the original plan together with certified copies of technical descriptions shall be
filed with the Ro" for annotation in the corresponding certificate of title0 and the officer shall:
1/ issue a new certificate of title to the grantee for the portion conveyed0 and at the same time
cancel the grantor3s certificate partially0 %R
2/ if grantor desires0 his certificate may be cancelled totally0 and a new one issued to him
describing the remaining portion
7 !ending approval of said plan0 no further registration or annotation of any subse,uent deed or
other voluntary instrument involving the unsegregated portion conveyed shall be effected by Ro"0
D5cept: where such unsegregated portion was purchased from the 6overnment or its
instrumentalities.
7 Subsisting encumbrances or annotations appearing in the registration book shall be carried over0
unless they are simultaneously released or discharged.
?-@ E((ec$" o( eg!"$a$!on
7 Aith respect to a voluntary of land0 the registration of the instrument is the operative act that
transmits or transfers title.
7bsent such registration0 a conveyance does not affect or bind the land
?A@ Rule $'a$ #u%e !" no$ e/u!ed $o go #e%ond $'e ce$!(!ca$e o( $!$le2 ,uc'a"e !n
good (a!$'.
preferably0 one should buy from the registered owner himself.
7 Aell7settled rule0 all persons dealing with property covered by #orrens certificate of title are not
re,uired to go beyond what appears on the face of the title
7 #he purchaser is only charged with notice of the burdens in the property which are noted on the
face of the register of the certificate of title.
7 *ere registration is not enough to ac,uire new title. 6ood faith must concur.
7 "efense of buying land in 68 applicable only when registered land is involved.
?C@ E0ce,$!on" $o $'e a#o*e ule2 #u%e" !n #ad (a!$'
Rulings which indicate instances when a buyer of registered land should look beyond the $o#:
.a/ Dgao v. $: neglect to make in,uiries and closes eyes to fact which should put a reasonable
man of guard
.b/ 8rancisco v. $: sufficiently strong indication to impel a closer in,uiry into the location0
boundaries and condition of lot0 such inc,uiry dictated of common sense and e5pected of a man of
ordinary prudence.
Santiago v. $: land sold is in possession of a person other than the vendor
.c/ Luiniano v. $: buys land not from registered owner .nor from the one in whose name the title
is registered/ but one whose rights to land has been merely annotated on the $o#
.d/ !&) v. $: $o# contains a notice of lis pendens
.e/ )ernales v. 2$: purchased with full knowledge of flaws and defects in title of vendors
.f/ Rule that buyer not re,uired to go beyond what appears of face of title0 does &%# !!L> to
)&JS since their business is affected with public interest. lso0 where party has knowledge of a
prior e5isting interest which is unregistered at the time he ac,uired a right to the same land0 his
knowledge of that unregistered interest has the effect of registration as to him.
.g/ !remiere "evelopment )ank v. $: title of land was reconstituted
?F@ Dou#le Sale
rt 1B??: Rule on double sale of immovable property:
1/ person who in 68 first recorded in the Registry of "eeds
2/ in default0 person in 68 who is first in possession
-/ in default0 person in 68 who presents oldest title
Situational D5amples:
1. owner0 sold to )0 then $ .prior in 68/ $ wins. Remedy of ) to file against for estafa
2. sold to )0 then sold to $. ) found out that $ did not register0 so he had his title registered
first. ) wins0 since 68 at the time of purchase.
2! | L a n d T i t l e s F i n a l s
-. $0 creditor of 0 so he filed a levy of attachment .already registered/. )ut land sold to )0 did not
register. Registered after levy. #hen $ had levy on e5ecution $ wins. levy of e5ecution
retroacts to date of registration of levy of attachment.
?G@ Foged docu&en$. o one ,ocued #% (aud2 )'en "uc' docu&en$ &a% #e $'e oo$ o(
*al!d $!$le
7 Sec B- of !"1B2C: 2n all cases of registration procured by fraud0 the owner may pursue all his
legal and e,uitable remedies against the parties to such fraud without pre4udice to the right of any
2!I. ny subse,uent registration procured by the presentation of a forged duplicate shall be null
and void.
7 6R: forged deed is an absolute nullity and conveys no title.
D5cept: 2t may be a root of valid title if the certificate has already been transferred from the name
of the true owner to the name indicated by the forger0 or to the name of the forger.
7-
rd
party 2!I has right to rely on the correctness of the certificate.
7 )ut cannot be applied where the owner still holds a valid and e5isting title over the same
property. #he law protects and prefers the lawful holder of registered title over the transfer of a
vendor bereft of any transmissible right.
7 #he victim or person pre4udiced by a forged instrument may bring: .a/ an action for damages
against those who caused the fraud0 or .b/ if the latter are insolvent0 an action against the
#reasurer of the !hilippines for recovery against the ssurance 8und
Situational D5amples:
1. owner3s %$# stolen by brother7in7law .)/. ) forged deed of sale and %$. Ro" issued #$# in
name of ). ) sells to buyer.
7 )efore sale0 if makes an adverse claim0 affidavit annotated on title %wner can recover thru
action for reconveyance notice of lis pendens )uyer not an 2!I since annotated
7)'# if owner abroad and no proceedings )uyer is 2!I0 becomes owner. Remedy of original
owner is criminal case and damages against forger. .forged document becomes root of valid title/
2. owner kept %$# in vault. M forged deed of sale0 filed for petition for replacement which was
granted by Ro". #$# plus forged deed of sale was registered. Sold to 2!I. 2!I a loser1 Here no
title is transferred to forger.
C. =ortgages and leases not included
D. %o!ers of Attoryneys# rusts
?1@ Reg!"$a$!on o( ,o)e o( a$$one%
S! must be registered and annotated on #$#E%$#
7 power of atty must be registred with Ro" of the province or city where the land lies. ny
instrument revoking such power of atty must be registered in like manner.
?-@ Ele&en$" o( e0,e"" $u"$ created by clear intention: imprescriptible
.a/ How trusts in registered land0 and any trust with power to sell or encumber0 are registered
Sec <B. #rusts in registered land 7 the particulars of the trusts0 conditions0 limitations or other
e,uitable interest shall not be entered on the certificate0 but only a memorandum thereof shall be
entered by the words (in trust+0 or (upon condition+0 or other apt words0 and by a reference by
number to the instrument authori9ing or creating the same.
Sec<<. #rust with power of sale0 etc : such power shall be stated in the certificate of title by the
words (with power to sell+ or (power to mortgage+ or by apt words of description. &o such
instrument shall be registered unless the enabling power is e5pressly conferred in trust instrument
or through a certified copy of such 4udgment or order by court.
?A@ I&,l!ed $u"$2 'o) e"$a#l!"'ed by operation of law0 may be proved by oral evidence
E. a$Afree e$change of land for shares of stoc2
7)2R *emorandum &o2<7C2: in cases where property is the sub4ect of ta57free e5change for
shares of stock of a corporation0 the Ro" of proper 4urisdiction may cause the registration of the
document of e5change and issue a #$# to the transferee corporation only upon presentation of a
$R .$ertificate uthori9ing Registration/ issued by the authori9ed )2R officer. #he Ro" shall
annotate at the back of the $o# to be issued a statement that the transfer is a ta57free e5change.
D5ample: Husband and wife have - children0 and a building worth 12=*. #o keep building within
family without having to pay <X ta5. #hey created corporation0 transferred ownership of the
building to corporation. then donate the shares spread over the years. #a5 avoidance.
A. In*olun$a% Deal!ng"
A. AAC9=E./
2" | L a n d T i t l e s F i n a l s
*&+ Registration
7Arit of attachment sub4ects the attached property of the adverse party as security for the
satisfaction of any 4udgment that may be recovered.
7 copy of said writ shall be filed and registered in the Ro". 2f duplicate not presented at time or
registration0 the Ro" shall within -< hours0 send notice by mail to registered owner.
*:+ Effects of attachment
7 attachment is a proceeding in rem against particular property0 the attaching creditor ac,uires a
specific lien upon the attached properties which ripens into a 4udgment against the res when the
order of sale is made.
7 #he writ of attachment is substantially a writ of e5ecution e5cept that it emanates at the
beginning0 instead of at the termination0 of a suit. 2t places the attached properties in custodial
egis0 obtaining pendente lite a lien until the 4udgment of the proper tribunal on the plaintiff3s claim
is established0 when the lien becomes effective as of the date of the levy.
7 &o rule allowing substitution of attached property0 although an attachment may be discharged
wholly or in part
72f an attachment is e5cessive0 the remedy of defendant is to apply to the court for a reduction or
partial discharge.
B. /ALE O. E-EC,)O. or for ta$es or any assessment# issuance of ne! Co
7 Sec F?. Dnforcement of liens on registered land : must be filed with the Ro" and registered in
the registration book0 and a memorandum made upon the proper $o# as lien or encumbrance.
7 Sec FB. pplication for new certificate upon e5piration of redemption period : the right of he
purchaser at such sale to petition for the issuance of a new $o# is sub4ect to the condition that
(before the entry of a new $o#0 the registered owner may pursue all legal and e,uitable remedies
to impeach or annul such proceedings.+
.1/ #a5 delin,uent land owner entitled to notice of sale
newspaper notice insufficient0 must be !DRS%&L notice
7 the collection of delin,uent ta5es is in personam0 not in rem. #hus0 it is incumbent upon city
treasurer to send notice of ta5 delin,uency and notice by public auction0 directly to the ta5 payer.
7 a ta5 sale held despite the absence of actual notice to the delin,uent land owner0 is null and void.
nd the title of the buyer therein is also null and void.
C. AD@ER/E CLA)=
7 claim or interest may be registered as an adverse claim when:
.1/ the claimant3s right or interest in registered land is adverse to the registered owner@
.2/ such right or interest arose subse,uent to the date of original registration@ and
.-/ no other provision is made in the "ecree for the registration of such right or claim.
7 mere money claim cannot be registered as an adverse claim.
*&+ 'ormal re<uisitesB
1. adverse claimant must state in AR2#2&6:
.a/ his alleged right or interest
.b/ how and under whom such alleged right or interest is ac,uired
.c/ the description of the land in which the right or interest is claimed0 and
.d/ the certificate of title number
2. such statement must be S26&D" and SA%R& to before a notary public or other officer
authori9ed to administer oath@ and
-. claimant shall state his residence or place to which all notices may be served upon him.
7 non compliance with said formal re,. renders such adverse claim non7registrable and ineffective.
*:+ %urpose of registering adverse claim
7 to appraise -
rd
persons that there is a controversy over the ownership of the land covered
thereby and to preserve and protect the right of the adverse claimant during the pendency of the
controversy.
*0+ /amples of registrable and nonAregistrable adverse claims
a/ e5pectant hereditary rights not adverse claim
b/ voluntary instrument such as sale and lease when owner refuses to surrender duplicate for
annotation registrable adverse claims
c/ lawyer3s contingent fee after original registration annotated as adverse claim after
termination of litigation involving land
7 occurences prior to the original registration and prescription or adverse possession by possessor
when land is already registed in the name of another non7registrable
*1+ %eriod of effectivity( !hen cancelled
2# | L a n d T i t l e s F i n a l s
7 adverse claim effective for a period of -= days from date of registration0 and may be cancelled:
.a/ after lapse of -= days0 upon filing by the party in interest of a verified petition. &o second
adverse claim based on the same ground may thereafter be registered by the same claimant.
.b/ before the lapse of -= days0 upon the filing by the claimant of a sworn petition withdrawing his
adverse claim
.c/ before lapse of -=days0 when party in interest files a petition in R#$ for cancellation0 and after
notice and hearing the court finds that claim is invalid. 2f court finds claim frivolous0 may fine
claimant !10===7!B0===
7 an adverse claim may subsist concurrently with a subse,uent annotation of notice of lis pendens
involving the same right or interest covered by the adverse claim0 the said claim may be validly
cancelled after the registration of such notice0 since the notice of lis pendens also serves the
purposes of the adverse claim.
D. .O)CE O' L)/ %E.DE./
*&+ .ature and purpose of the notice
7 notice of lis pendens .that real property is involved in an action/ is ordinarily recorded without
intervention of the court where the action is pending. D5tra4udicial action0 does not affect merits.
7 merely to constructively advise0 or warn0 all people who deal with the property that they so deal
with it at their own risk0 and whatever rights they ac,uire are sub4ect to the results of the action.
*:+ Cases !here notice of lis pendens is proper
a/ to recover possession of real estate
b/ to ,uiet title
c/ to remove clouds upon the title
d/ for partition
e/ to establish a right0 and e,uitable estate0 or interest in0 a specific real property
f/ to enforce a lien0 a charge or an encumbrance against it@ and
g/ any other proceeding of any kind in court directly affecting the title to the land or the use or
occupation thereof or the building thereon.
7 all a party has to do is assert a claim of possession or title over the sub4ect property
7 even on the basis of an unregistered deed of sale0 a notice of lis pendens may be annotated
*0+ 'orm of the notice and !hen it ta2es effect
7 should state the pendency of the action0 containing the names of the parties and the ob4ect of
the action or defense and the court where it is pending0 the date of the institution of the suit0 an
ade,uate description of land0 the number of $o# covering it0 and the name of the registered owner
7 entry of the notice of lis pendens in the primary entry book is sufficient registration
7 when annotated in mother or %$#0 must be carried over in all certificates subse,uently issued.
*1+ 7hen it may be cancelled
7 may be cancelled before final 4udgment upon order of the court in the ff cases:
a/ when shown that notice is for molesting the adverse party
b/ when shown that it is not necessary to protect the right of the party who caused registration
c/ where evidence so far presented by plaintiff does not bear out the main allegations of the
complaint0 and
d/ where the continuances of the trial0 for which the plaintiff is responsible are unnecessarily
delaying the determination of the case to the pre4udice of the defendant.
7 may be cancelled upon verified petition of the party who caused the registration
7 but cannot be cancelled upon the mere filing of sufficient bond by the party on whose title the
said notice is annotated.
7 deemed cancelled after final 4udgment in favor of defendant.
1. ransfer of private land to naturalAborn citiCen of the %hilippines !ho has lost his
%hilippine citiCenship
7 urban:B0===s,m %R rural: -hectares K for business or other purposes
7 may ac,uire not more than 2 lots which should be situated in different municipalitiesEcities
3. Consultas
7 the ministerial duty of the Ro" to register an instrument0 when in doubt go to LR.
7 when Ro" denies the registration0 he is re,uired to: .1/ notify the interested party in writing of
such denial0 stating the defects or legal ground0 and advise that if he does not agree he may
withdraw the instrument form the Registry0 elevate the matter by consulta withing B days from
receipt of notice of denial0 and .2/ make a memorandum of the pending consulta in the $o#.
7 the interested party man y not properly file a petition for mandamus to compel the Ro" to
register an instrument0 but must resort to the remedy of consulta.
7 the resolution of LR dmin in consulta shall be conclusive and binding upon all Ro"
2$ | L a n d T i t l e s F i n a l s
7however0 parties may appeal to $ within 1B days from notice of said resolution by filing a verified
petition for review in F legible copies with the court0 with proof of service of a copy on the adverse
party and on the LR.
2% | L a n d T i t l e s F i n a l s
CHAPTER 1F REGISTRATION OF COURT 6UDG+ENTS AND ORDERS AND RELATED
PROCESSES OR PAPERS
4udgment affecting ownership : have it registered for protection
1. 6udg&en$:Ode !n ac$!on" !n*ol*!ng o)ne"'!, o( o a((ec$!ng eal e"$a$e
a. 4udgment in an action to recover possession or ownership is entitled to registration. 2f the
4udgment does not apply to all lands embraced in the certificate0 the memorandum shall contain a
description of the land affected by the 4udgment
b. when an action is to recover ownership and an order has been e5ecuted in favor of the plaintiff0
he shall be issued a new certificate and the original certificate and the owner3s duplicate of the
former registered land shall be canceled.
c. may order to e5ecute for registration any deed or instrument to give effect to 4udgment. Dven if
minor or insane0 court may appoint suitable personEtrustee to e5ecute such instrument.
1A. 3'en "uende o( o)neH" du,l!ca$e ce$!(!ca$e !" no$ nece""a%
7the Register of "eeds need not wait for the registered owner to first surrender his duplicate
before complying with the e5ecution of a final and e5ecutory decision which is to issue title in the
name of the prevailing party.
7 surrender of duplicate is implied from e5ecutory decision0 since petitioners also parties thereto
-. 6udg&en$ !n ,a$!$!on
7the court0 in an action for partition:
a. may assign a particular portion of the land to each party
b. may order the sale of the land
c. may assign the entire land to one of the parties upon payment of the others of the sum ordered
by court
7 each owner shall have the right to have a certificate entered in his name and to receive an
owner3s duplicate
D5ample: 0 )0 $ co7owners of '&"2I2"D" share. sells to >. ) can redeem share. )'# if land
partitioned0 and sells "D82&2#D share0 then ) can3t redeem
A. No$!ce and adjud!ca$!on !n In"ol*enc% o <an1u,$c% ,oceed!ng"
7duty of the officer who is serving notice of insolvency proceeding on the debtor to file with the
Register of "eeds where land of debtor lie
7the assigneeEtrustee appointed by the court shall be entitled to the entry of a new certificate of
the debtor upon filing a certified assignment with the insolvent3s duplicate certificate0 but new
certificate shall state that he is an assigneeEtrustee in bankruptcy proceeding
C. 6udg&en$ !n e&!nen$ do&a!n
7the e5propriating agency is re,uired to file with the Register of "eeds a copy of the 4udgment in
the eminent domain case
7Ahere the fee simple is taken0 a new certificate may be issued in favor of e5propriator
F. E0$ajud!c!al "e$$le&en$ o( e"$a$e
7annotate 2 year lien for liability of estate for share of heirs or others who are unduly deprived of
partition in estate0 and for any outstanding debts of the estate
7the public instrument of e5tra4udicial settlement must be filed with the Register of "eeds
7upon the e5piration of the 2year period and presentation of a verified petition by the registered
heirs that no claim of any creditors e5ists0 the Register of "eeds shall cancel the lien noted on the
title without the need for court order
G. 6udg&en$. ode and o$'e ,a,e" ela$ed $o eg!"$eed land o e"$a$e o( a decea"ed
o)ne
Dstate of a deceased owner re,uires the filing to the Register of "eeds of the following:
1. a certified copy of the letters of administration of the estate
2. a certified copy of the order issued by the court having 4urisdiction over the estate
-. a certified copy of the partition and distribution order of the court with trial 4udgmentEorder of
court supported by evidence of payment of estate ta5 or e5emption
2& | L a n d T i t l e s F i n a l s
CHAPTER 1G RECORDING OF INSTRU+ENTS RELATING TO UNREGISTRED LAND2
CHATTEL +ORTGAGE2 CONDO+INIU+
1. In"$u&en$" !n*ol*!ng uneg!"$eed land
R--??: 'nregistered Land Law provides that there still need to be registration
2==H case: sold land to ). 2t was registered land0 but ) registered under R--??. &ow
$.reditor/ e5ecutes on land and he is the winner in public auction. $ registers under !"1B2C. Aho
prevailsU $ because ) made wrong registration under wrong law0 null and void.
7&o deed affecting lands &%# registered under the #orrens system shall be valid0 e5cept as
between parties0 unless they are recorded in Ro"
1. voluntary and involuntary instruments affecting unregistered land must also be registered
2. with respect to voluntary instruments0 it is registration thereof that makes them binding even as
against third persons
-. that a party to such instrument may0 when proper0 resort to the remedy of consulta
-. C'a$$el +o$gage
A. .ature and re<uisite registration
7personal property is recorded in the $hattel *ortgage Register as a security for the performance
of an obligation. 2t shall be deemed to cover only the property described therein and not like or
substituted property thereafter ac,uired by the mortgagor and placed in the same depository
7 registered in Ro" where mortgagor resides0 and where property is situated or normally kept.
7 recording gives validity and effect to contract as against -
rd
persons.
7 if motor vehicle0 also need to register with L#%
B. =ortgagee"s right of possession preparatory to foreclosure
7mortgagee may after -=days from the time of condition broken0 cause the mortgaged property to
be sold at public auction
7the foreclosure and actual sale of a mortgaged chattel bars further recovery by the vendor of any
balance in the outstanding obligation not so satisfied by the sale
A. Condo&!n!u&
2f foreigner buy from $ondominium $orporation0 so no violation of constitutional prohibition on
owning land. Ialid because in this case0 corporation owns land0 buyer 4ust buys unit becomes a
shareholder in the corporation
$ase: buyer fully paid0 but no $$# given because developer mortgaged it to the bank0 then
developer gone. >DS you can get clear title without paying. ffidavit of 'nderstanding: bank is
obliged to give to fully paid owner0 even if developer did not pay mortgage.
A. Concept defined
7an interest in real property consisting of a separate interest in a unit in a residential building and
an undivided interest in common in the land in which it is located
7the common areas can be owned by a corporation created for that purpose and the holders of the
separate interest are automatically the shareholders
B. Re<uisite registration
7 the ct re,uires registration in Ro" of the ff:
1. DnablingE*aster "eed: it is the recording of this deed that makes the property to be divided into
condominiums
2. declarations relating to such pro4ect are annotated upon the certificate of title and shall
constitute as a lien upon each condominium
-. 2nstrument $onveying a $ondominium: the transferee is entitled to the issuance of a
condominium owner3s copy $$# .$ondominium $ertificate of #itle/
?. &otice of ssessment : becomes a lien
B. $ourt decree directing reorgani9ation of a pro4ect
2' | L a n d T i t l e s F i n a l s
!* | L a n d T i t l e s F i n a l s

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CHAPTER 10 DECREE OF REGISTRATION AND CERTIFICATE OF TITLE

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