Professional Documents
Culture Documents
lawphilreviewer.wordpress.com/2014/07/31/civil-law-land-titles-memory-aid/
Land Title – evidence of right of owner or extent of his interest, by which means he can
maintain control and as a rule assert right to exclusive possession and enjoyment of property.
Deed – instrument in writing which any real estate or interest therein is created, alienated,
mortgaged or assigned or by which title to any real estate may be affected in law or equity.
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
Types of estates:
a. Estate for years – lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period – lease running from month to month or year to year with
automatic renewal
1/30
Recording – does not guarantee the title; need to examine other docs
Purpose of Registration:
Advantages:
Purpose of Torrens Law: quiet title to land – once registered, owner might rest secure
1. Grantor
2/30
2. Heirs & devisees
3. Persons with actual notice
1. Private lands
2. At least 60% Filipino to acquire private land
3. Restricted as to extent reasonably necessary to enable it to carry out purpose which it
was created
4. If engaged in agricultural – restricted to 1,024 ha.
5. Patrimonial property of state
6. Lease for 25 years renewable
7. Limited to 1,000 ha.
8. Apply to both Filipinos & foreign cos.
3/30
Form & Contents of Application:
Muniment of Title – instruments or written evidences which applicant hold or posses to enable
him to substantiate & prove title to his estate
Register directly with REGISTER OF DEEDS for purpose of canceling such title &
issuing a TCT.
Notice in conspicuous place in land & bulletin board of municipality – 14 days before
hearing
Requisites of Opposition:
General Default
Special Default
Party appears at initial hearing without having filed an answer and ask court for time to
file answer but failed to do so within period allowed.
1. RTC
2. Refer to referee – commissioner
Proceedings for Ordinary Registration (Land registration Act) /Proceeding for judicial
confirmation of Imperfect title under the Public land act
Decree – issued by land registration authority containing technical description of land; issued
after finality of judgment
Judgment – decision of court constituting its opinion after taking into consideration the
evidence submitted
Writ of Possession – order to sheriff to deliver the land to the successful party litigant; no
prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying
Person entered into property after decree- non claimant; had been there for 10 years
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
Res Judicata:
1. Motion for new trial – must be brought within 15 days from notice of judgment
2. Fraud, accident, mistake, excusable negligence which ordinary prudence could not have
guarded
3. Newly discovered evidence which could not be discovered & produced at trial
4. Evidence insufficient to justify decision, decision is against the law
5. Appeal – must be brought 15 days from notice of judgment
6. Review of decree of registration – available to party deprived of day in court; became
non-party due to misrepresentation; invoke actual fraud; before expiration of 1 year;
specific acts intended to deceive; will no longer prosper if already transferred to innocent
purchaser for value
7. Plaintiff is owner of land registered in name of defendant
8. Registration procured through actual fraud
9. Property has not issued to innocent purchaser for value
10. Action is filed within 1 year after issuance of decree of registration
6/30
11. Relief from judgment – 60 days – 6 months after entry of order; available to party to
case, FAME; after judgment; person deprived of right is party to case
12. Reconveyance – action in personam; available so long as property not passed yet to
innocent purchaser for value; bad faith or with notice of defect
13. Recovery for damages
14. Person is wrongfully deprived of his land by registration in name of another – actual or
constructive fraud
15. No negligence on his part
16. Barred/ precluded from bringing an action
17. Action for compensation has not prescribed
Torrens Title – certificate of ownership issued under the Torrens System of registration by the
government through road naming & declaring owner in fee simple of property described therein
free from all liens except those expressly noted.
Process:
1. Within 15 days from finality of order of judgment directing registration of title – court to
order Land registration Admin to issue decree of registration and certificate of title
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & duplicate of OCT – signed by
Administrator, entered & file decree of registration in LRA
4. Send to Register of Deeds – original & duplicate of title & certificate for entry in his
registration book
5. Enter in record book, dated, signed, numbered & sealed – take effect upon date of entry
6. Register of Deeds to send notice to registered owner ready for delivery after payment of
fees
7. Register of Deeds shall send duplicate & note on each certificate of title to whom it is
issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order.
Annotations at Back of Certificate – need court order; otherwise null & void
Operative Act – registration by owner; deed not registered – binding only between parties
Process of Registration:
7/30
1. File instrument creating or transferring interest and certificate of title with Register of
Deeds
2. Owner’s duplicate
3. Payment of fees & documentary stamp tax
4. Evidence of full payment of real estate tax
5. Document of transfer – 1 copy additional for city/provincial assessor
6. Register of Deeds shall make a memorandum on the certificate of title, signed by him
7. Issue TCT
Voluntary dealings
Need to present title – to record the deed in registry & to make memorandum on title.
Involuntary dealings
1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status
6. Whether or not corporation:
b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -
Year, month, day, time, minute of reception of instrument; Registered from time of entry
e. Documents are numbered & indexed & indorsed with reference to certificate of title– public
records
Kinds:
8/30
2. Legal – Created by operation of law
3. Judicial – results from a judgment
4. Equitable – pacto de retro in form but mortgage in essence
Essential Requisites:
Special Characteristics:
Public document only May be in private document provided there is affidavit of good faith
Subject Matter
Forms:
If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to
registered owner:
Owner refuses to comply within reasonable time; Register of Deeds to notify court &
court may enter order requiring owner to produce certificate
Assignment must also be registered since registration is operative act to affect land
If not recorded – valid as to parties but not to 3rd parties, right not protected against
somebody who registers & procures better right
No need to secure permission of mortgagee
Understood unless prohibited in contract
1. Property is mortgaged
2. There is stipulation for automatic appropriation
1. Discharge
1. Abandon security & prosecute his claim by sharing in general distribution of assets of the
estate
2. Foreclose mortgage by making executor party defendant
3. Foreclose it in due time
Parties in Foreclosure Suit: all persons claiming interest subordinate in right to mortgagee
Foreclosure
1. JUDICIAL
2. EXTRA-JUDICIAL
Right of Redemption
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
To be exercised within 1 year after registration of sale
Deed of Mortgage:
Requires only description to enable parties & other persons to identify the subject matter
1. Execution of document
2. Payment of fees
3. Register of Deeds enters in DAY BOOK in strict order of their presentation chattel
mortgages & other instruments relating thereto (primary process)
4. Register of Deeds thereafter enters in a more detailed form the essential contents of the
instrument in the Chattel Mortgage Register (complementary process)
Effect of Registration:
1. Creates a lien – attaches to the property whoever holds it; binding on subsequent
purchasers
2. Constructive notice
Assignment of Mortgage
Foreclosure of Mortgage
The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1. Judicial
2. Extra-judicial – only if there is stipulation/authority
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in municipality where property is to
be sold designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
3. Public auction
4. 30 days after sale, officer makes a return & file with Register of Deeds where mortgage
has been recorded
5. Officer’s return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
7. Cost of sale
8. Amount of obligation
9. Subsequent mortgages
10. Balance – mortgagor
13/30
Recovery of Deficiency: Allowed
Lease – one of parties deliver possession of property to another who is obliged to pay rent for
use of such property.
Registration of Lease
1. File with Register of Deeds the instrument creating lease together with Owner’s
Duplicate of certificate of title
2. Register of Deeds to register by way of memorandum upon certificate of title
3. No new certificate shall be issued
Effect of Registration:
Aliens:
Trust – obligation of a person to whom legal title to property is transferred to hold the property
according to confidence reposed in him
2 Kinds:
14/30
Power of Attorney – authority granted to a person to dispose one’s property.
Registration of Trust
1. Sworn statement claiming interest by reason of an implied trust with description of land &
reference to number of certificate shall be registered in Register of Deeds
2. Provided not prohibited to do so by instrument creating the trust
Certified copy of decree shall be presented to Register of Deeds & surrender duplicate
certificate
Cancel duplicate & new certificate shall be entered by Register of Deeds
Prescribes in 10 years
If acknowledged in written form – becomes express trust – prescribes upon repudiation
Attachment
A writ issued at the institution or during progress of an action commanding the sheriff to
attach the property, rights, credits or effects of the defendant to satisfy demands of the
plaintiff
Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
1. Copy of writ in order to preserve any lien, right or attachment upon registered land may
be filed with Register of Deeds where land lies, containing number of certificate of title of
land to be affected or description of land
2. Register of Deeds to index attachment in names of both plaintiff & defendant or name of
person whom property is held or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
4. Register of Deeds shall within 36 hours send notice to registered owner by mail stating
15/30
that there has been registration & requesting him to produce duplicate so that
memorandum be made
5. If owner neglects or refuses – Register of Deeds shall report matter to court
6. Court after notice shall enter an order to owner to surrender certificate at time & place to
be named therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry of Register
of Deeds produces effect of registration already.
1. EXECUTION SALE
2. TAX SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given opportunity to
be heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local dialect & posted in a
public & conspicuous place in place wherein property is situated & at main entrance of
provincial building
16/30
Sale cannot affect rights of other lien holders unless given right to defend their rights:
due process must be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
1. Officer’s return shall be submitted to Register of Deeds together with duplicate title
2. Register in registration book
3. Memorandum shall be entered in certificate as an adverse claim or encumbrance
4. After period of redemption has expired & no redemption (2 years from registration of
auction sale) cancellation of title & issuance of new one
5. Before cancellation, notice shall be sent to registered owner: to surrender title & show
cause why it shall not be cancelled
Adverse Claim
1. Make a statement in writing setting forth alleged interest, from whom acquired, how
acquired, no of certificate of land, name of registered owner, description of land in which
right/interest is claimed – signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
5. No 2nd adverse claim based on same ground shall be registered by same claimant
Purpose: keep subject matter within the power of the court until the entry of final judgment
Effect of Registration:
1. Impossibility of alienating the property in dispute during the pendency of the suit – may
be alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be
issued
17/30
1. Before final judgment – court may order cancellation after showing that notice I sonly for
purpose of molesting an adverse party or it is not necessary to protect rights of party
who caused it to be registered
2. Register of Deeds may also cancel by verified petition of party who caused such
registration
3. Deemed cancelled when certificate of clerk of court stating manner of disposal of
proceeding is registered
Duty of the officer serving notice to file copy of notice to Register of Deeds where the
property of debtor lies
Assignee elected or appointed by court shall be entitled to entry of new certificate of
registered land upon presentment of copy of assignment with bankrupt’s certificate of
title (duplicate)
New certificate shall not that it is entered to him as assignee or trustee in insolvency
proceedings
Administrator shall file with Register of Deeds registration of property in his name to be
vested with ownership as trustee so he can sell, etc, convey, etc
Not necessary if already empowered in the will
Heirs may partition estate immediately & no need to be burdened with cost/expenses of
an administrator
18/30
1. In absence of debts
2. Heirs are all of legal age
1. JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to be filed with
Register of Deeds
Each owner to gave separate certificate of title (duplicate)
If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his
name upon presentment of order confirming sale
2. EXTRAJUDICIAL
3. Decedent died intestate
4. No debts
5. Heirs are all of legal age, or minors represented by guardian
In provinces when person dies leaving property not covered by Torrens system – to
avoid legal expenses, heirs make a list of property, pay off debts & assign to each
Statute of frauds – do not operate because it is not a conveyance but a separation of
property and designation of part which belongs to them
Executor required to file with Register of Deeds a certified copy of his letters of
administration or the will if there is a will in order that Register of Deeds may register
upon certificate a memorandum with reference to file no & date of filing
Money shall be under custody of the National treasurer; invest it until P+I aggregates to
500,000, excess shall be paid to the Assurance Fund; annual report of Treasurer to
Secretary of Budget.
Who is Entitled:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual
damage by loss of land; in short – he is deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
Liability:
1. Any court of competent jurisdiction – RTC in city where property lies or resident of
plaintiff
2. Action prescribes in 6 years from time plaintiff actually suffered loss
3. If plaintiff is minor, insane or imprisoned – has additional 2 years after disability is
removed to file action notwithstanding expiration of regular period
Sworn statement that certificate is lost to be filed by person in interest with Register of
Deeds
Petition to court for issuance of new title
After notice and hearing – court to order issuance of new title with memorandum that it is
issued in place of lost certificate (duplicate)
If false statement: complex crime of estafa thru falsification of public document
Whoever claims a better right or interest in a land adverse to the registered owner shall
make written statement alleging his right, how and when acquired with description of
land
Statement to be signed and sworn to
Entitled to registration as adverse claim – noted on certificate of title
If there is petition – speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered by same
claimant
What corrections are permitted in title (which does not include lands included in original;
technical description as long as original decree of registration will not be reopened and
rights or interest of persons not impaired; old survey was incorrect; substitution of name
of registered owner)
22/30
Court to order reconstitution if it deemed fit; issue order to Register of Deeds
Lack of essential data fatal
Offenses:
1. Larceny
2. Perjury – false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5
years or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of
court
5. Forging of seal in Register of Deeds, name, signature or handwriting of any officer of
court of Register of Deeds
6. Fraudulent stamping or assistance in stamping
7. Forging of handwriting, signature of persons authorized to sign
8. Use of any document which an impression of the seal of the Register of Deeds is forged
9. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not
encumbered; deceitful disposition of property as free from encumbrance: imprisonment
of 3 years or fine not exceeding 2,00 or both at discretion of court
Procedure:
In absence of registration, title to public land is not perfected and therefore not
indefeasible
In case of 2 titles obtained on same date – one procured thru decree of registration is
superior than patent issued by director of lands
2 titles procured by one person – one from homestead patent, one from judicial decree &
sold to 2 diff persons, one who bought it for value and in good faith & one who register
first shall have preference.
1. Alienable/disposable
2. Agricultural
3. Residential, commercial, industrial
4. Educational, charitable
5. Town sites and for public and quasi-public uses
6. Timber lands – inalienable
7. Mineral lands inalienable
24/30
Except: mineral lands and forest lands acquired before inauguration of Commonwealth
in November 15, 1935; vested rights which are protected.
Fishponds
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be
leased from government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than
error of judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free
distribution of public lands to encourage people to cultivate; government furnishes the
applicant with tolls plus cash allowance to enable him to cultivate
In case of foreigner, sufficient that he is already Filipino citizen at the time of his
application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect
title; can only lease
25/30
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after
issuance of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise,
confusion, uncertainty & confusion on government system, of distribution of public lands
may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration
does not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering
cancellation of title
Restrictions:
Exceptions:
Homesteader
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit
Purpose:
Nature of Proceedings:
In rem
No defendant & no plaintiff
Compulsory
Procedure:
1. Cadastral survey
In opinion of Phil president pursuant to requirement of public interest, title of land within a
specified area needs to be settled and adjudicated
Order Director of Lands to make survey and plan
Director gives notice to persons claiming interest in lands & to gen public of day of
survey – published in OG and posted in conspicuous place on lands to be surveyed
Geodetic engineers commences survey
27/30
During survey, boundaries are marked by monuments
2. Filing of petition
After survey and plot been made, Director represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders, claimants, possessors, occupants
Parcel of lots given their cadastral numbers
4. Filing of answer
Any person claiming interest in any part of lands subject to petition is required to file
answer
Answer must give the ff details:
1. Age of claimant
2. Cadastral number of lot claimed
3. Name of barrio or municipality where lot is located
4. Name of owners of adjoining lots
5. If in possession & without grant – no of years in possession
6. If not in possession – state interest claimed
7. If assessed of taxation – assessed value
8. Any encumbrances affecting said lots
9. Hearing of case
6. Decision
28/30
Nature of Title Covered by 2 Acts:
CADASTRAL ORDINARY
As to risk In absence of successful claimant, property Applicant has another chance to claim is
goes to government dismissal is without prejudice
Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver Possession
System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd
person prior to registration (limited effect to 3rd parties)
Reason: no strict investigation involved
Subsequent dealings – also valid if recorded
29/30
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
Source:
30/30