You are on page 1of 15

-hdd-

AN UPDATE ON THE LAW


LAND TITLES AND DEEDS
ATTY LINDA L. MALENAB-HORNILLA
Undersecretary, Department of Justice

ORIGINAL REGISTRATION OF LAND UNDER THE TORRENS SYSTEM

Private lands may be brought under the operation of the Torrens System
Land Registration thru: (1) ordinary or voluntary land registration
proceedings under Act No. 496 and Sections 14 to 33 of P. D. No. 1529, and
under Section 48(b) of C.A. No. 141, as amended, otherwise known as the
Public Land Act, (2) compulsory proceedings under Act No. 2259,
otherwise known as the Cadastral Act of 1913, and (3) Sections 35 to 38
of P. D. No. 1529. (cadastral)
ORIGINAL REGISTRATION OF LAND UNDER THE TORRENS SYSTEM

Public lands granted by way of homestead, sales or free patent under


the Public Land Act are likewise brought under the Torrens System upon
registration of the patent and issuance of the corresponding certificate of
title by the Register of Deeds. Registration of such lands under the Torrens
System is automatic and compulsory. The same could be said of an
emancipation patent issued by the Department of Agrarian Reform when
such patent covers an unregistered private agricultural land devoted to rice
and corn, by virtue of P. D. No. 266.
Who applies?

In an ordinary land registration proceedings under Act 496 and Sections 1433, P. D. No. 1529, only those who claim to own the land in fee simple
may apply, i.e., those who acquired ownership of the land by titulo real
(royal grant), titulo de composicion con el estado (adjustment title), titulo de
concession especial (special grant), titulo de compra (title by purchase
during the Spanish Colonial Period, or thru the different forms of accession
under the Civil Code and special laws, like accretion, avulsion, abandonment
of river bed, formation of lands in non navigable rivers and reclamation.
ORIGINAL REGISTRATION OF LAND UNDER THE TORRENS SYSTEM

the use of Spanish titles as evidence in land registration proceedings is


proscribed by P. D. No. 892 as February 16, 1976

Spanish titles are now hard to find and if there is any it would probably be of
doubtful genuineness or validity.

-hdd-

ORIGINAL REGISTRATION OF LAND UNDER THE TORRENS SYSTEM

Most, if not all, ordinary applications for land registration is based on


possession and occupation, tax declaration and tax realty receipts, and
nothing more. Tax declaration and realty tax receipts are not evidence of a
grant of land from the State.

The Supreme Court has repeatedly held that they are not conclusive
evidence of ownership. Nevertheless the Supreme Court has also
consistently held that they are good indicia of possession in the concept of
an owner. [Ramos-Balallo vs. Ramos, 470 SCRA 533 (January 23, 2006)]
IMPERFECT/INCOMPLETE TITLE

The title to the land is imperfect or incomplete, invoke Section 48(b) of C. A.


no. 141, as amended, otherwise known as the Public Land Act, which
provides:

citizens of the Philippines, occupying the lands of the public domain or


claiming to own such lands or an interest therein, but whose title have not
been perfected or completed, may apply to the Court of First Instance of the
province where the land is located for confirmation of their claims and the
issuance of a certificate of title under the Land Registration Act

Judicial confirmation or legalization of imperfect or incomplete title

This is referred to as judicial confirmation

or legalization of imperfect or incomplete title to public agricultural lands


under Section 48(b) of the Public Land Act.

it requires the concurrence of the following elements, to wit;

Judicial confirmation or legalization of imperfect or incomplete title

The applicant must be a Filipino citizen. This is in keeping with the provision
of Section 2, Article XII of the 1987 Constitution which limits the acquisition
and enjoyment of our natural resources to Filipino citizens. However, in
Director of Lands vs. Lapena, the Supreme Court held that there is nothing
to prevent a foreign national from applying for judicial confirmation of the
imperfect title to a tract of land that he purchased while he was still a
Filipino from one who had been in possession and occupation of the land for
the period and to the manner prescribed by Section 48(b) of the Public Land
Act, for then the land has ceased to be public land.

-hdd-

Judicial confirmation or legalization of imperfect or incomplete title

a private corporation may file an application for judicial confirmation of


imperfect title under Section 48(b) of the Public Land Act for the reason that
alienable and disposable public land held by a possessor, personally or
through his predecessor-in-interest, openly continuously and exclusively for
the prescribed statutory period is converted to private property by mere
lapse or completion of said period, ipso jure.

Judicial confirmation or legalization of imperfect or incomplete title

The proceedings would not originally convert the land from public to private
land but only confirm such a conversion already affected by operation of law
from the moment the required period of possession became complete.
[Director of Lands vs. Acme Plywood and Veneer Corp. & IAC, 146
SCRA 509.

Judicial confirmation or legalization of imperfect or incomplete title


PERIOD AND CHARACTER OF POSSESSION AND OCCUPATION

The applicant has been in open, continuous, exclusive and notorious possession
under a bona fide claim of acquisition of ownership since June 12, 1945.

Judicial confirmation or legalization of imperfect or incomplete title

The area applied for shall not exceed 144 hectares.

The land has been classified as alienable and disposable.

The application must be filed not later than December 31, 2020. [See also
Republic vs. Estonilo, 476 SCRA 265 (November 25, 2005); Republic vs.
Enciso, 474 SCRA 700 (November 11, 2005); Carlos vs. Republic, 468 SCRA
709, (August 31, 2005)]
CADASTRAL PROCEEDINGS

THE TITLE OF OWNERSHIP ON THE LAND IS VESTED UPON THE OWNER


UPON EXPIRATION OF THE PERIOD TO APPEAL FROM THE DECISION OR
ADJUDICATION BY THE CADASTRAL COURT

The land had become a registered property which could not be acquired by
adverse possession and, therefore, beyond the jurisdiction of the Land
Management Bureau, to subject it to a free patent. The free patent issued by
the DENR and the certificate of the title issued by the Register of Deeds are

-hdd-

null and void. [Calimpong vs. Heirs of Filomena Gumela, 468 SCRA 441
(March 31, 2006), citing De la Merced vs. CA, 5 SCRA 240]

CADASTRAL PROCEEDINGS

The President of the Philippines or his alter ego, the Director of Lands, has
no authority to grant a free patent for land that has ceased to be a public
land and has passed to private ownership; and a title so issued is null and
void. The nullity arises not from the fraud or deceit, but from the fact that
the land is not under the jurisdiction of the Bureau of Lands. [Calimpong vs.
Heirs of Filomena Gumela, 468 SCRA 441 (March 31, 2006), citing De la
Merced vs. CA, 5 SCRA 240]

REMEDIES OF
PROCEEDINGS

AGGRIEVED

PARTIES

IN

LAND

REGISTRATION

1. PETITION TO REVIEW OR REOPEN A DECREE OF REGISTRATION

Section 38 of Act 496 recognizes the right of a person deprived of land to


institute an action to reopen or revise the decree of registration obtained by
actual fraud.

REMEDIES OF
PROCEEDINGS

AGGRIEVED

PARTIES

IN

LAND

REGISTRATION

Fraud is two kinds: actual or constructive.

Actual or positive fraud proceeds from an intentional deception practiced


by means of the misrepresentation or concealment of a material fact.

Constructive fraud is construed as a fraud because of its detrimental


effect on public interests and public or private confidence, even though the
act is not done with an actual design to commit positive fraud or injury upon
other persons
REMEDIES OF
PROCEEDINGS

AGGRIEVED

PARTIES

IN

LAND

REGISTRATION

Prescription does not run against the State and the latter may still bring an
action, even after the lapse of one year, for the reversion of the land to the
public domain, of land which have been fraudulently granted to private
individuals. [Republic vs. Guerrero, 485 SCRA 424 (March 28, 2006)]

-hdd-

REMEDIES OF
PROCEEDINGS

AGGRIEVED

PARTIES

IN

LAND

REGISTRATION

2.
ACTION FOR RECONVEYANCE - In action for reconveyance, a decree of
registration is respected as incontrovertible. What is sought instead is the transfer
of the property or its title which has been wrongfully or erroneously registered in
another person's name, to its rightful or legal owner, or to one who has a better
right. [Naval vs. CA, 483 SCRA 102 (February 22, 2006)]

An action for reconveyance does not prescribed when the plaintiff is in


possession of the land to be reconveyed. [Naval vs. CA, 483 SCRA 102
(February 22, 2006); see also Cuizon vs. Remoto, 472 SCRA 274 (October 11,
2005)]

The fraudulent registration of a parcel holds the person in whose name the
land is registered as a mere trustee of an implied trust for the benefit of the
person from whom the property comes. Registration alone without good
faith is not sufficient. Good faith must concur with registration for such prior
right to be enforceable. [Portes, Sr. vs. Arcala, 468 SCRA 343 9august 30,
2005)]
PRESUMPTIVE
INDEFEASIBILITY,
CONCLUSIVENESS
INCONTOVERTIBILITY OF A TORRENS TITLE

AND

T.C.T. No. M-19968 and T.C.T. No. 19973, being genuine and valid, on their
face, are incontrovertible, indefeasible and conclusive against the
petitioners and the whole world. Thus, the unregistered deed of sale and the
subdivision contract upon which petitioners rely, cannot prevail over the
certificate of title in the name of Cruz. To hold otherwise is to defeat the
primary object of the Torrens System which is to make the Torrens title
indefeasible and valid against the whole world. [Santos vs. Cruz, 484 SCRA
66 (March 3, 2006)]

EXCEPTION TO THE RULE OF INDEFEASIBILITY OF A TORRENS TITLE

A title emanating from a free patent which was secured through fraud and
misrepresentation does not become indefeasible, precisely because the
patent from whence the title sprung is itself void and of no effect
whatsoever. [Heirs of Carlos Alcaraz vs. Republic 464 SCRA 280 (July 28,
2005)]

-hdd-

PRESUMPTIVE
INDEFEASIBILITY,
CONCLUSIVENESS
INCONTOVERTIBILITY OF A TORRENS TITLE

AND

If a property covered by a Torrens title is involved, the presumptive


conclusiveness of such title should be given due weight, and in the absence
of strong compelling evidence to the contrary, the holder thereof should be
considered the owner of the property in controversy until his title is nullified
or modified in an appropriate ordinary action. [Pacioles, Jr. vs. ChuatocoChing, 466 SCRA 90 (August 9, 2005)]
IMPRESCRIPTIBILITY OF TORRENS TITLE

It is not disputed that at the core of this controversy is a parcel of land


registered under the Torrens system. In a long line of cases, we have
consistently ruled that lands covered by a title cannot be acquired by
prescription or by adverse possession. So it is that in Natalia Realty Corp. vs.
Vallez, et al., we held that a claim of acquisitive prescription is baseless
when the land involved is a registered land because of Article 1126 of the
Civil Code and Section 47 of P.D. No. 1529. [Ragudo vs. Fabella Estate
tenants Association, Inc., 466 SCRA 136(August 9, 2005)]
PRESUMPTIVE
INDEFEASIBILITY,
CONCLUSIVENESS
INCONTOVERTIBILITY OF A TORRENS TITLE

AND

But a party's alleged possession of a transfer certificate of title and actual


possession of subject land, although strong proof of ownership, are not
necessarily conclusive where the assertion of the proprietary rights is
founded on a dubious claim of ownership. [Estate of Salvador Serra vs.
Heirs of Primitivo Hernaez, 466 SRCA 120 (August 9, 2005); see also Bejoc
vs. Cabreros, 464 SCRA 78 (July 22, 2005)]
A VOID TITLE MAYBE THE SOURCE OF A VALID TITLE IN THE HANDS
OF AN INNOCENT PURCHASER FOR VALUE

If the evidence show that the free patent and O.C.T. issued to petitioners'
predecessors-in-interest is valid and/or Lot No. 89 is not inside T.C.T. No.
257152, then judgment should be rendered in favor of petitioners; and
whether the latter acted in good faith or bad faith, will no longer be a
decisive issue in the case. On the other hand, if the title of petitioners'
predecessors-in -interest is declared void, the defense of good faith may still
be available to petitioners' who claim to be purchasers in good faith and for
value. [Tan vs. Dela Vega, 484 SCRA 538 (March 10, 2006)]
A TORRENS TITLE IS NOT SUBJECT TO COLLATERAL ATTACK

-hdd-

It is well settled that the Torrens title cannot be collaterally attacked; the
issue on the validity of title, i.e., whether or not it was fraudulently issued
can only be raised in an action expressly instituted for the purpose. It has
been invariably stated that the real purpose of the Torrens System is to quiet
title to land to stop forever any question as to its legality. Once a title is
registered, the owner may rest secure, without the necessity of waiting in
the portals of the court, or sitting in the mirador a su casa to avoid the
possibility of losing his hand.

Respondents application for registration of a parcel of land already


covered by a Torrens title is actually a collateral attack against petitioners
title, not permitted under the principle of indefeasibility of a Torrens title.

A decree of registration that has become final shall be deemed conclusive


not only on the questions actually contested and determined, but also upon
matters that might be litigated or decided in the land registration
proceedings. Thus, it is too late for the respondents to question petitioners
titles considering that the certificates of title issued to the latter have
become incontrovertible after the lapse of one (1) year from the date of
registration. [Fil-estate Management, Inc. Supra]
POSSESSION OF TITLED PROPERTY ADVERSE TO REGISTERD OWNER
IS NECESSARILY TAINTED WITH BAD FAITH

Good faith consists in the belief of the builder that the land he is building on
is his and his ignorance of any defect or flaw in his title. In the instant case,
when the verification survey report came to the petitioners knowledge, their
good faith ceased. The survey report is a profession of encroachment of
respondents titled property. It is doctrinal in land registration law that
possession of titled property adverse to the registered owner is necessarily
tainted with bad faith [Cajayon vs. Batuyong, 482 SCRA 461 (February 16,
2006)]
CONTINUING, SPECIAL AND LIMITED JURISDICTION OF THE LAND
REGISTRATION COURT OVER PETITIONS FILED AFTER ORIGINAL
REGISTRATION OF TITLE

The Regional Trial Court has the authority to act, not only on the application
for original registration of title to land, but also on all petitions filed after
original registration of title. The Court of Appeals, therefore, erred on ruling
that the Regional Trial Court, Branch 255, Las Pinas City, has no jurisdiction
over LRC Case No. M-228 on the ground that the land subject to
respondents application for registration was already registered in the

-hdd-

Registry of Deeds of Las Pinas City. [Fil-Estate Management, Inc. vs. Trono,
482 SCRA 578(February 17, 2006)]
REGALIAN DOCTRINE; FOREST LAND NON-REGISTRABLE AS PRIVATE
LANDS; HOMESTEAD

Under the Regalian Doctrine, all lands of the public domain belong to State,
and those lands not appearing to be clearly within private ownership are
presumed to belong to the state. Lands of the public domain are classified
into agricultural, forest or timber, mineral lands and national parks.
Alienable and disposable lands of the public domain shall be limited to
agricultural lands.
REGALIAN DOCTRINE; FOREST LAND NON-REGISTRABLE AS PRIVATE
LANDS; HOMESTEAD

C. A. No. 141 (1936) or the Public Land Act, as amended by P.D. 1073
(1977), remains to be the general law governing the classification and
disposition of alienable lands of the public domain It enumerates the
different modes of acquisition of these lands and prescribes the terms and
conditions to enable private persons to perfect their title to them.
HOMESTEAD

A homestead patent is one of the modes to acquire title to public lands


suitable for agricultural purposes. Under the Public Land Act, a homestead
patent is one issued to any citizen of this country, 18 years of age or head of
family, and who is not the owner of more than 24 hectares of land in the
country. To be qualified, the applicant must show that he has resided
continuously for at least one (1) year in the municipality where the land is
situated and must have cultivated at least one-fifth of the land applied for.
[Ramos-Balallo vs. Ramos, 479 SCRA 533 (January 23, 2006)]

A homestead patent once registered under the Land Registration Act


becomes as indefeasible as a Torrens title. [Portes Sr. vs. Arcala, Supra]
FOREST LAND

Public forest lands or forest reserves, unless declassified and released by


positive act of the Government so that they may form part of the disposable
lands of the public domain, are not capable of private appropriation. The
rules on confirmation of imperfect title do not apply. Forests, in the context
of both the Public Land Act and the Constitution classifying lands of the
public domain into agricultural, forest or timber, mineral lands and national

-hdd-

parks, do not necessarily refer to a large tract of wooded land or an


expense covered by dense growth of trees or underbrush. (Republic vs.
Naguiat, 479 SCRA 585 (January 24, 2006)
FORESHORE LAND

Foreshore land has been defined as that which lies between the high and low
watermarks, and that is alternately wet and dry according to the flow of the
tide. In other words, it is that strip of land between high and low water, the
land left dry by the flux and re-flux of the tide. In the present case, although
corners 3 and 4 of lot 2833 have been shown to adjoin the sea, they have
not been proven to be covered by water during high tide. Hence, the
property cannot be considered foreshore land. [Republic vs. Lensico, 466
SCRA 361 (August 9, 2005)]
PROBATIVE VALUE OF A TAX DECLARATION

Time and again, we have held that although tax declarations or realty tax
payments are not conclusive evidence of ownership, nevertheless, they are
good indicia of possession in the context of an owner, for no one is in his
right mind would be paying taxes for a property that is not in his actual or at
least constructive possession. (Ramos-Balallo vs. Ramos, 479 SCRA 533 (Jan.
23, 2006)
Quieting of Title

The settled rule is that an action for quieting of title is imprescriptible, as in


the instant case, where the person seeking relief is in the possession of the
disputed property. A person in actual possession of a piece of land under
claim of ownership may wait until his possession is disturbed or his title is
attacked before taking any step to vindicate his right, and that the
undisturbed possession gives him the continuing right to seek the aid of the
Court of Equity to ascertain and determine the nature of the adverse claim
of a third party and its effect on his title.
Payment of taxes

Only a positive and categorical assertion of their supposed rights against


petitioners would rule out the application of laches. It means taking the
initiative by instituting means to wrest possession. Respondents payment
of taxes alone, without possession, could hardly be considered as an
exercise of ownership. What stands out is their overwhelming passivity by
allowing petitioners to exercise acts of ownership and to enjoy the fruits of

-hdd-

the litigated lot for 32 years without any interference. (Rumarate vs.
Hernandez, 487 SCRA 317 [April 18, 2006])
Effective Possession

The statement of an immediate neighbor of a disputed property as to who


he observed was in effective possession of the same commands great
weight and respect. (Buduhan vs. Pakurao, 483 SCRA 116 (Feb. 22, 2006)]
JUDICIAL RECONSTITUTION OF LOST OR DESTROYED ORIGINAL
CERTIFICATE OF TITLE

Jurisprudence dictates that the jurisdictional requirements must be complied


with before the court can act on the petition and grant the reconstitution of
title prayed for.

The petitioner to prove compliance with the following requirements:

NOTICE OF PETITION

Publication

The notice of petition be published at the expense of the petitioner twice in


successive issues in the Official Gazette, and posted in the main entrance of
the provincial building and the municipal building of the municipality or city
in which the land is located at least thirty (30) days prior to the date of
hearing

Jurisdictional Requirements

The notice must state the number of the lost or destroyed certificate of title,
if known, the name of the registered owner, the name of the occupants and
persons in possession of the property, the owner of adjoining properties and
all other interested parties, the location, area, and boundaries of the
property ad the date on which all persons having any interest therein must
appear and file their claim or objection to the petition.

Jurisdictional Requirements

The notice must state the number of the lost or destroyed certificate of title,
if known, the name of the registered owner, the name of the occupants and
persons in possession of the property, the owner of adjoining properties and
all other interested parties, the location, area, and boundaries of the
property ad the date on which all persons having any interest therein must
appear and file their claim or objection to the petition.

-hdd-

Jurisdictional Requirements

A copy of the notice must also be sent, by registered mail or otherwise, at


the expense of the petitioner, to every person named (i.e. the occupants or
persons in possession of the property, the owner of adjoining properties and
al other interested parties whose address is known, at least 30 days prior to
the date of the hearing;

Jurisdictional Requirements

At the hearing, the petitioner must submit proof of publication, posting and
service of notice as directed by the court.

The
non-observance
of
the
requirement
reconstitution proceedings in the trial court.

Jurisdictional Requirements

The purposes of the stringent and mandatory character of the legal


requirements of publication, posting and mailing are to safeguard against
spurious and unfounded land ownership claim, to apprise all interested
parties of the existence of such action and give them enough time to
intervene in the proceeding. Substantial compliance with the jurisdictional
requirements is not enough. [Govt of the Phil. Vs. Aballe, 435 SCRA 308
(Mar 24, 2006)]

Judicial Reconstitution

In case the reconstitution is to be made exclusively from source enumerated


in Section 2 (f), (any other doc) the petition shall be accompanied by a plan
and technical description of the property duly approved by the General Land
Registration Office, or with a certified copy of the description taken from the
prior certificate of title covering the same property. [Cabello vs. Republic,
467 SCRA 330 (Aug. 18, 2005)]

invalidates

the

PETITION FOR ISSUANCE OF REPLACEMENT OF A LOST


OWNERS
DUPLICATE CERTIFICATE OF TITLE AND RECONSTITUTION OF LOST
ORIGINAL CERTIFICATE OF TITLE ON FILE WITH THE REGISTER OF
DEEDS

The applicable law in applying for a replacement of and owners duplicate


certificate of title is P.D. 1529 (Section 109); R.A. No. 26 applies only in cases
of reconstitution of lost original certificate on file with the Register of
Deeds.

-hdd-

When the reconstituted certificate is void, the court that rendered the
decision has no jurisdiction.

No valid transfer certificate of title can issue from a void T.C.T., unless an
innocent purchaser for value had intervened.

JUDICIAL RECONSTITUTION

As a rule, the annotation of an affidavit of loss on a reconstituted certificate


might be defective and inferior to an already existing certificate of title.

The remedy to nullify an order granting reconstitution is a petition for


annulment under Rule 47 of the Rules of Court. [Eastworld Motor Industries
Corp. vs. Skunac Corp., 478 SCRA 420 (Dec. 16, 2005)]

the only issues to be resolved In a petition for issuance of a second


owners duplicate copy of the certificate of title in replacement of a
lost one

Whether o not the original owners duplicate copy of the certificate of title
had indeed been lost.

Whether the petitioner seeking the issuance of a new owners duplicate title
is the registered owner or another person-in-interest.

UNDER THE TORRENS SYSTEM, REGISTRATION IS THE OPERATIVE


ACT THAT AFFECTS AND CONVEYS THE LAND INSOFAR AS THIRD
PERSONS ARE CONCERNED

Respondents contention that the unregistered buyers rights over the


property is superior to that of the judgment obligor has not basis. The fact
that the contracts to buy and sell are unregistered and the properties in
question are still in the name of the respondent underline the fact that the
sales are not absolute. [DSM Construction and Development Corp. vs. CA,
478 SCRA 618 (Dec. 19, 2005)]
IMMUNITY OF A TORRENS TITLE FROM COLLATERAL ATTACK

An action is deemed as an attack on a title when the object of the action or


proceeding is to nullify the title, and thus challenge the judgment pursuant
to which the title is decreed. A third party complaint is in the nature of an
original complaint. The third party complaint for the cancellation of transfer
certificate of title, being in the nature of an original complaint for
cancellation of transfer certificate of title, it therefore constitutes a direct
attack of such TCT. [Sarmiento vs. CA, 479 SCRA 99, (Sept. 16, 2005)]

-hdd-

IMMUNITY OF A TORRENS TITLE FROM COLLATERAL ATTACK

An action is deemed as an attack on a title when the object of the action or


proceeding is to nullify the title, and thus challenge the judgment pursuant
to which the title is decreed.

A third party complaint is in the nature of an original complaint. The


third party complaint for the cancellation of transfer certificate of title, being
in the nature of an original complaint for cancellation of transfer certificate
of title, it therefore constitutes a direct attack of such TCT. [Sarmiento vs.
CA, 479 SCRA 99, (Sept. 16, 2005)]
MIRROR PRINCIPLE OF THE TORRENS SYSTEM

When dealing with land that is registered and titled, buyers are not required
by law to inquire further than what the Torrens certificate indicates on its
face.

The presence of anything that excites or arouses suspicion should then


prompt the buyer to look beyond the vendors certificate and investigate the
title appearing on the face of that certificate. [Domingo vs. Reed, 477 SCRA
227, (Dec. 9, 2005); Planters Development Bank vs. Garcia, 477 SCRA 185
(Dec. 9, 2005)]
MIRROR PRINCIPLE OF THE TORRENS SYSTEM

However, this rule does not apply to banks. Banks are required to exercise
more care and prudence than private individuals in dealing even with
registered properties for their business is affected with public interest.
(Keppel Bank Philippines, Inc. vs. Adao, 473 SCRA 372 (Oct. 19, 2005)]
ADMINISTRATIVE RECONSTITUTION OF CERTIFICATE OF TITLE

The LRA properly ruled that the reconstitution officer should have confined
himself to the owner's duplicate certificate of title prior to the reconstitution.
Section 3 of Republic Act No. 26 clearly provides: Section 3: Transfer
certificates of titles shall be reconstituted from such of the sources
hereunder enumerated as may be available in the following order (a) the
owner's duplicate of the certificate of title."

Since respondents' source of reconstitution is the owner's duplicate


certificate of title, there is no need for the reconstituting officer to require
the submission of the plan, much less deny the petition on the ground that
the submitted plan appears to be spurious. By enumerating the hierarchy of
sources to be used for the reconstitution, it is the intent of the law to give

-hdd-

more weight and preference to the owner's duplicate certificate of title over
the other enumerated sources."

"The factual finding of the LRA that respondents' title is authentic, genuine,
valid, and existing, while petitioners' title is sham and spurious, as affirmed
by the two divisions of the Court of Appeals, is conclusive before this Court."

"In reconstitution proceedings, the LRA is bound to determine from the


evidence submitted which between or among the titles is genuine and
existing to enable it to decide whether to deny or approved the petition.
Without such authority, the LRA would be a mere robotic agency clothed
only with mechanical powers." [Manotok IV vs. Heirs of Homer Barque, 477
SCRA 339 (December 12, 2005)]

DISSENTING OPINION REGISTERED BY JUSTICE CARPIO

The majority opinion patently violates Section 48 of P.D. No. 1529 which
expressly states that a Torrens title cannot be canceled except in a direct
proceeding in accordance with law. Only the proper trial court in an action
directly attacking the validity of a Torrens title can cancel a Torrens title after
trial on the merits.

The reconstitution of a certificate of title is far from being a ministerial act.

In accordance with paragraph 8 of LRA Circular No. 13, the reconstituting


officer or the register of deeds shall issue an order of reconstitution only
after appropriate verification which means that he must be convinced that
the certificate of title is genuine and not spurious. Thus, the reconstituting
officer must go beyond the owners co-owner's duplicate certificate of title to
determine whether the title is genuine. The process of verification allows the
reconstituting officer to counter check with other government agencies to
determine the validity of the title to be reconstituted.

The LRA has jurisdiction to review on appeal decisions on petitions for


reconstitution. However, it is not within its powers and functions to declare a
title void. The LRA, in its 24 June 1998 Resolution, recognized that only the
Regional Trial Court could declare a title fraudulently reconstituted. Clearly,
LRA's jurisdiction to act on petitions for administrative reconstitution does
not include the power to declare a title sham so spurious or to order the
cancellation of a certificate title.

-hdd-

The LRA exceeded its jurisdiction when it declared that Manotok, et. al's title
is sham and spurious. The LRA itself acknowledged that only the RTC could
declare a title fraudulently reconstituted. By ruling on the validity of Manotok
et al's title, the LRA assumed the function of the RTC. The LRA also
preempted whatever decision the RTC may render on the matter.

Respondent relies solely on its reconstituted title which, by itself, does not
determine or resolve the ownership of land covered by the lost or destroyed
title. The reconstitution of a title is simply the re-issuance of a lost duplicate
certificate of title in its original form and condition. It does not determine or
resolve the ownership of land covered by the lost or destroyed title. A
reconstituted title, like the original certificate of title, by itself does not vest
ownership of the land or estate covered thereby.

The determination of the authenticity of documents and veracity of the


claims of both parties requires a trial on the merits. The LRA exceeded its
jurisdiction when it made a conclusive finding on the validity of the titles of
the parties. Such function falls under the exclusive original jurisdiction of the
RTC under Section 19 of BP. Blg. 129. The Court of Appeals should not have
resolved the factual issues by adopting as its own the LRA's finding. The
Court accords respect, if not finality, to factual findings of an administrative
body. However, this rule does not apply when the administrative body has
no jurisdiction to make a conclusive factual finding particularly when the
findings might conflict with findings of the tribunal or agency which has
jurisdiction on the matter. [Monotok IV vs. Heirs of Homer Barque, Supra]
ADVERSE CLAIMS

The general rule is that a person dealing with registered land is not required
to go behind the register to determine the condition of the property.
However, such person is charged with notice of the burden on the property
which is noted on the face of the register or certificate of title. A person who
deals with registered land is bound by the liens and encumbrances including
adverse claim annotated therein. [Navotas Industrial Corp. vs. Cruz, 469
SCRA 530 (September 12, 2005)]

You might also like