Aug.

03, 2012
Land Titles And Deeds
Section 14. Who may apply. The following persons may
file in the proper Court of First Instance an application for
registration of title to land, whether personally or through
their duly authorized representatives:
(1) Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious possession
and occupation of alienable and disposable
lands of the public domain under a bona fide
claim of ownership since June 12, 1945, or earlier.
In Republic Vs. Manimtim, the court listed the requisites:
The applicants for the registration of land must sufficiently
establish by no less than clear, positive, and convincing
evidence:
1) that the subject land forms part of the disposable and
alienable lands of the public domain;
The rule is: by clear, positive, and convincing evidence,
you establish those requisites. The burden is with respect
to the applicant to prove it because it is in derogation of
the regalian doctrine. The presumption is that all lands,
which are clearly not of private ownership, belong to the
state.
Also, the applicant must prove that the subject land
forms part of the disposable and alienable lands of the
public domain. So even if it is registered, and it is not
alienable and disposable, the registration is void. How is
this requisite satisfied?
This can be satisfied, according to the case of republic
vs. rizaldo that certification and report from the DENRCENRO stating that the land is alienable and disposable.
This is also in the case of Victoria Vs. Republic of the
Philippines.
2) that the applicant and his predecessors-in-interest
have been in open, continuous, exclusive and notorious
possession and occupation of the same;
So the possession here means that it is open, which
means that the owner did not secretly possess the land
Continuous not interrupted. it cannot be that A owns
the land now, and then sold his rights to another person,
and then he bought it again. Thats no longer continous.
Exclusive the possession means the exclusion of all other
people.
Notorious it should be known to the public. Which
means you hold yourself out to the public as owner of the
land.

Remember that possession here should not mean mere

constructive possession. There can be actual and
constructive possession.
Constructive means that you dont actually possess it.
You may own rights over the land but you are not the
one who is really in possession of the property. And
therefore, the court held in the case of Mistica Vs.
Republic of the Philippines (September 11, 2009):
possession alone is not sufficient to acquire title to alienable lands
of the public domain because the law requires possession and
occupation. Since these words are separated by the conjunction
"and," the clear intention of the law is not to make one
synonymous with the other. Possession is broader than occupation
because it includes constructive possession. When, therefore, the
law adds the word occupation, it seeks to delimit the allencompassing effect of constructive possession. Taken together
with the words open, continuous, exclusive, and notorious, the
word occupation serves to highlight the fact that for an applicant to
qualify, his possession must not be a mere fiction. Actual
possession of land consists in the manifestation of acts of
dominion over it of such a nature as a party would naturally
exercise over his own property.
what are examples of actual possession?
1) cultivation refer to the case of Ramos Vs. Director of Lands
2) introduction of improvements

3) that it is under a bona fide claim of ownership since

June 12, 1945, or earlier.
Bona fide only means good faith. This means that the
applicant is a genuine and honest claimant. You dont
have to prove this because it is a presumption.
One more matter in republic vs. Rizaldo would be a
document which manifests a persons good faith. It may
come in the form of a tax declaration. A person who is in
his right mind would not pay for these. (in sirs own words:
ang Pilipino ba, ganahan mubayad? Walay tao
ganahan maghatag ug kwarta. Ang tao, ganahan
magdawat.) so the supreme court here is talking about a
person who is religiously paying his tax declarations. Even
if there was no title, he paid his taxes.
According to the SC, tax declarations are not adequate
to show ownership because anybody can declare it for
tax declaration purposes. But it may serve as sufficient
basis for inferring possession. The voluntary declaration of
property for taxation purposes not only manifests ones
sincere and honest desire to pay title to the property, but
also announces an adverse claim against the state and
other interested parties with an intention to contradict
the needed revenues paid to the government for
corruption purposes. Such an act strengthens ones bona
fide claim of acquisition of ownership.
Proof of payment of land taxes is not enough to acquire
ownership but payment of land taxes coupled with

possession and occupation since June 12, 1945 is a

ground for registration. This is because when one pays
land taxes, his concept of possession is one of ownership.
It can prove requisite number 3, but not number 2.
Take note of the date: June 12, 1945
Why is it relevant? In which is a very important case heirs
of Malabanan vs. Republic of the Philippines (G.R.
179987, April 29, 2009), The SC also does not know its
relevance. It appears that it was arbitrarily chosen. There
is no historical significance.
(2) Those who have acquired ownership of private lands
by prescription under the provision of existing laws.
Example:
Eirich filed an application for registration of title to land.
She avers that she has been in possession of the land
since June 12, 1946. She filed her application on June 15
1976. Assuming the requisites have been complied with,
she can apply for a registration of title by virtue of
prescription and not for ownership since June 12, 1945.
If you cant apply under paragraph one, for as long as
the other requisites are present, you can apply under
paragraph two or issuance of a certificate of title by
virtue of prescription. So it doesnt mean that after june
12, 1945, you cannot apply for registration anymore.
Prescription in obligations and contracts, It is one of the
modes of acquiring ownership.
Sale is a title, it is not a mode. So in sale, it is like the key to
the door, but its not the door. The mode in sale is delivery
because it is what transfers ownership.
There are two types of prescription: acquisitive and
extinctive. This provision covers acquisitive prescription.
There is a consistent jurisprudential rule that properties
classified as alienable and disposable land may be
converted into private property by reason of open
continuous exclusive and notorious possession of at least
30 years. With such conversion, such property will fall into
the contemplation of private lands under section 14
paragraph 2 and therefore succeptible to registration by
ownership acquired through prescription.
By the phraseology of paragraph 2, it includes only
private lands. For as long as it is private land, meaning
that it is alienable and disposable. So example you have
stayed in the property for 50 years, for sure, it is converted
into private land. all you have to do is confirm your
ownership by filing an application for the issuance of a
title.
Q: how many years is required for a person to occupy a
private land for him to acquire ownership?

Under article 1134, ownership and other real rights over

immovable property are acquired by ordinary
prescription through possession of 10 years.
So here, the possession must be in good faith and with
just title. The good faith of the possessor consists in the
person reasonably believing that the person whom he
received it from was the owner thereof and could
transmit his ownership. It can also be mere possession for
the requisite period.
Example: youre the one who discovered a property. And
apparently, its alienable and disposable, and youve
stayed there for 10 years, you can apply for titling.
Also remember that the conditions of good faith required
for possession under book II title 5 chapter 1 of the civil
code are also necessary to determine good faith. Thus he
is deemed a possessor in good faith who is not aware
that there exists in his title or mode of acquisition any flaw
which invalidates it. Mistake upon the doubtful or difficult
question of law may be the basis of good faith. Thats
article 526 of the civil code.
What is meant by the term, just title?
A: for purposes of registration, there is just title when the
adverse claimant came into possession of the property
through one of the modes recognized by law for the
acquisition or ownership or real rights but the grantor was
not the owner or could not transmit any right. (Art. 1129)
According to Tolentino, just title is an act which has for its
purpose the transmission of ownership and which would
have actually transferred ownership if the grantor had
been the owner. This vice or defect is the one cured by
prescription. The grantor referred to in 1129 is not the
state. The grantor is the one person invoking ordinary
acquisitive prescription, the right title, whether by sale,
exchange, donation, succession, or any of the mode of
the modes of acquisition of ownership or other real rights.
Example:
A is the father, B is the son. A acquired a property before
he died. But he did not know that the seller did not own
the property. When he died, by virtue of succession, his
son acquired the property and he stayed there for 20
years. So now, he applied for titling. He found out that the
person who sold the property to his father was not the
owner. Is there just title?
A: yes, there is just title because the act that should have
transmitted ownership and which would have actually
transferred ownership would have been effective had
the grantor been the owner.
REMEMBER:
Art. 1130: the title for prescription must be true and valid.

A: it depends. If it is in good faith, 10 years. But otherwise,

not necessarily saying in bad faith, 30 years.

1131: for the purposes of prescription, just title must be

proved; it is never presumed.

Lets say your father took possession of the property in

june 12 1945, and he died 1950.

Extraordinary prescription this is under Art. 1137.

The law recognizes that human beings die. Thats why

there is tacking. You can add the years that your
precedents have occupied the property with the years
you have also occupied the property.

The law does not say, if bad faith, 30 years. The law says
if good faith, 10 years. Otherwise, without need for titling,
30 years.
What may be the objects of prescription? Article 1113.
In other words, if it is property of public dominion, you
cannot apply 10 years 30 years whether in good faith or
otherwise. This is because the property is of public
dominion, and therefore, outside the commerce of man.
So if it is patrimonial already, not property of public
dominion, prescription can apply.
Under Article 422:
It is clearly provided in the civil code that where lands of
public domain are patrimonial in character, they are
susceptible to acquisitive prescription. On the other hand,
among the public domain land, the lands not susceptible
of acquisitive prescription are timber lands and mineral
lands. The constitution itself proscribes private ownership
of timber or mineral lands.
Q: it is clear in 14 paragraph 2 that you can acquire
property by prescription. It does not say ordinary or
extraordinary. Where did we get this concept?
A: its in the civil code. Its not from PD 1529.
Q: which one is applicable in 14 paragraph 2?

Q: following the example above, your father occupied

the land and then now you occupy it until 2012. Then
sometime in the year 2000, the president included your
property and considered it as patrimonial property. Can
you now apply for titling?
A: it depends if you are in good faith or bad faith or
otherwise. This is because you are not allowed to count
for the purposes of prescription those years when the
property was not yet alienable and disposable. So you
have to start from zero regardless of how long youve
been in actual possession of the property. So in this
example, you start counting from the year 2000.
This is one of the more important differences between
paragraph 1 and 2.
After the property has been classified as patrimonial, that
is the only time prescription begins to run in favor of the
possessor. Before that, even if youve occupied the land
for 120 years, it will not matter. So once the period has
been completed, 2 legal events occur:
1)
2)

the patrimonial property is ipso jure converted

into private land;
the person in possession for the periods
prescribed under the civil code acquires
ownership of the property by operation of the
civil code.

A: actually, its both. This is because there is really nothing

in the civil code that bars a person from acquiring a
property of the state through ordinary acquisitive
prescription. Nor is there any apparent reason to impose
such a rule. At the same time, these are indispensible
requisites such as just title and good faith.

Once the possessor automatically becomes the owner of

the converted patrimonial property, the ideal next step is
the registration of the property under the Torrens system.

In the case of Malabanan, the court took the time to

remind practitioners that acquisitive prescription doesnt
have to be 30 years. If it is in good faith, 10 years is
enough.

Basis
of
registration
What law do you
apply?

Whether under ordinary prescription or extraordinary

prescription, preceding the classification of public lands
as patrimonial, cannot be counted for the purpose of
computing prescription.

What laws would

allow application
for
titling
for
possession
OCENPO
since
June 12 1945

Ex: so youve been occupying the property since 1950.

Lets say it came from your father. Thats what you call
tacking of possession. You are allowed to tack your
possession with that of your immediate transferee for the
purposes of complying with for example paragraph 1.

How do you distinguish Paragraph 1 and 2?

Paragraph 1
Possession

Paragraph 2
prescription

PD 1529

Civil
code
provisions
on
prescription
Property
registration
decree and the
civil code

Both the property

registration
decree
and
public land act
(CA 141)
The possessor is
entitled to secure
judicial
confirmation of
his title as soon as
it is declared

If it is only now
declared
as
alienable
and
disposable,
regardless
of
how many years

alienable
disposable

and

Does not require

that the property
is alienable and
disposable
for
the entire period
of possession

it
has
been
possessed by the
person,
the
computation of
the period begins
at zero.
It is required that
the property is
alienable
and
disposable

Ex: youve been in the property since june 1935, and then
this time, in 2012, the government has declared the
property as alienable and disposable. Automatically,
youre the owner. All you have to do is confirm that
youre the owner by securing a certificate of title. It does
not even matter if for the entire period of your possession
is the possession of something which is beyond the
commerce of man. When the government came out
with the classification that it is now alienable and
disposable, youre automatically the owner.
But in Paragraph 2, the rules are different.
Let us suppose that youve been in possession of the
property for 50 years and it is only now that the
government is saying that it is alienable and disposable.
You cannot apply.
Q: youve been in that property for 50 years, its alienable
and disposable but to the extent that somebody else has
a title. Can you seek titling for the property?
A: no. its already covered by the Torrens title. Prescription
does not run against a Torrens title because it is
indefeasible and imprescriptible.
Prescription does not also apply in the case of coownership. There cannot be any prescription unless there
is a repudiation of co-ownership.

Land Titles
August 14, 2012

are alienable and disposable, there must also be an

express government manifestation that the property is
already patrimonial or no longer within for public
service. Under the Civil Code, only when the property
becomes patrimonial can the acquisitive prescription
period begins to run.

Distinctions between Sec14(1) and par 2

Sec 14 (1)
Sec 14 (2)
Mandates registration Mandates registration
on
the
basis
of on
the
basis
of
possession
prescription
Is
applied
without
reference to the civil
code
Registration is extended
under the property
registration of Public
Land Act

Explicitly
refers
to
prescription which is
found in civil code
Registration
made
available by both Public
Land Act and Civil Code

Prescription cannot be applied in 3 instances:

1. When property is covered by Torrens title
2. Land is inalienable
3. In case of co-ownership, so long as the co-owner
expressly or impliedly recognize the co-ownership. For
prescription to apply, the co-owner must have
repudiated the co-ownership and the co-owners are
aware. *Read Heirs Malabanan v Republic

Transcribed by Pearl Canada

A multiple choice exercise:
Remember in Par.1 of section 14 of PD 1529, the
reckoning point is made from the date of
commencement of possession, under paragraph 2 the
reckoning period is when the land was declared as
alienable. As held in Heirs of Malabanan v Republic,
because public domain lands become patrimonial
property not only in the date of declaration that these

Suppose Bougart is a registered owner of land

adjoining Marikina river in 1970, in 1980 he built a dam
that trapped sediment leading to an increase to his land
area and it is now year 2005. What is the correct legal
conclusion?:

a. Bougart is entitled to have the increase in

area included in his certificate of title by
way of accretion.
b. Bougart is only entitled to the increase in
2010 by way of prescription.
c. The increase in Bougarts land is part of the
public domain owned by the state
d. Bougart is ipso facto entitled to the increase
by way of prescription.

Answer: C. Because under section 14(3), who can be

allowed to register land by way of accretion.

What is Accretion?
Under Art 457 of Civil Code The owners of lands
adjoining the banks of rivers below the accretion which
they gradually received from the effects of the current
of the waters.
Requisites for Accretion:

1. Deposition of soil or sediment be gradual and

imperceptible, it is not something that is
violently added to your land because in that
case that is already avulsion.
2. That it can be the result of the actions of waters
of the river
3. That the land takes place is adjacent to the
banks of the river. The person claiming the land
must show in preponderance of evidence that
he has met all the requirements provided by
law.
Accretion must be exclusive work of nature and not
caused by any human intervention.

How is Accretion asked in Bar?

The formula is always the same, you have to
identify whether the accretion is one that is valid based
on the requisites. Most of the time what the SC adds as
spiller would be that there is something that the
riparian owner did which may or may not have
contributed to the increase in his land area, and that is

for as long as there is something that contributed to the

increase in the land area which is a work of man rather
than work of nature, you have no choice but to answer,
it is not accretion.

An accretion does not automatically become a

registered land, it is not necessarily mean that the
increase is already yours. No, as such it must be place
under the operation of the Torrens system. So you file
petition for registration for accretion which is in effect a
confirmation of title already vested to a riparian owner
by the law. Because Article 457 declares that to the
owners of the land below the accretion which they
gradually received from the effects of waters. Its just
that for you to have the land registered you need to file
petition for registration, again it is in effect a
confirmation of your title which the law already vest
upon you.

Must be noted however that an accretion from the sea

is part of the public domain and generally outside the
commerce of man. Take note of the difference,
accretion from the river and accretion from sea.

Take note also of Art 461 of NCC which states that

riverbeds which are abandoned through the natural
change and course of waters ipso facto belong to the
owners whose lands are occupied by the new course of
the proportion of the area lost. However, the owners of
the lands adjoining the old bed shall have the right to
acquire the same by paying the value thereof, which
value shall not exceed the value of the area occupied by
the new bed.

Katong tag-iya sa yuta kung asa naga agi ang sapa,

mudako na iyang area because there is no more water
there but because it changed course it is possible that
another land owner may have been affected and his
landholding may have been increased.

The landowner affected by the change of the course of

the river, thereby diminishing his estate is the one who
owns what was left for the old course of the river.
So its possible that in one track of land there are 2
owners which is not favored by the law thats why the
law allows the owner of the land adjoining the bed to
acquire by paying.

So important provisions to remember Article 257-461.

Example, when the law requires that a certain individual

must have possession for such amount of time, that
must be complied with otherwise, pwede mawala sa
imoha ang preferential title over the said land.

Under section 11, you need to remember that the

subject of titling here is only agricultural lands.

Who may apply for Homestead Patent

Read also the case of New Regents Sources v Tanjuatco

GR 160800, April 16, 2009.

Public Land Act (CA 141)

When it was promulgated by legislative was some sort

of revolutionary legislation. Inasmuch as it recognize
certain modes of acquisition of land titles which in a
way derogates upon the regalian doctrine, meaning all
lands belong to the state. And lands which are not
clearly of private ownership are presumed to belong to
the state. That is the effect of CA 141 at that time, and
it provide means for people who desire to own lands.

Under section 11 of this Act, agricultural lands can be

disposed of only as follows and not otherwise:
a.
b.
c.
d.

homestead settlement
sale
lease
confirmation of incomplete titles which can be
judicial or administrative proceedings

What is issued in homestead settlement? Homestead

patent, same with sale, and lease patents. In
confirmation of titles, you are given a free patent.
There are certain conditions before you can be awarded
of these types of patents that must be complied with by
an individual:

1. Any citizen of the Philippines over the age of 18

years. (the law does not distinguish between
natural-born, naturalized or dual-citizen)
2. If you are head of a family, you are entitled to
apply(below 18 yrs who are head can also
acquire, since CA 141 was promulgated where
legal age was below 18, but now, you have to
be in proper age to be entitled.) who does not
own more than 24 hectares of land or who does
not have been subject of gratuitous grant more
than 24 hectares of land since the occupation of
Philippines by US.

Right now you have to remember due to the enactment

of CARP, you are only entitled up to 5 hectares of land if
you are alone, but if you have children, each can own 5
ha.
Procedure for Homestead Patent
First is entry, upon the filing of application for
homestead the applicant may be authorized to take
possession of the land upon the payment of entry fee.
Second, commencement of cultivation which is 6
months counted from the approval of the application
the applicant shall begin to work on the land otherwise
the applicant will lose his prior right to the land. (When
your application is granted, you are given priority over
the land). No land shall be granted unless at least 1/5 of
the land is cultivated within not less than 1 or more
than 5 years from the date of application. So, when the
application for homestead is approved you have to
commence your cultivation within 6 months from that

date and then within 1-5 years you must be able to

already improved or cultivate 1/5 of the land. (thats
why a lot of homesteaders lose their homestead
because before what is 1/5 of 24 ha? Around 4 ha,
needs a lot of resources to cultivate within 4 years)

Why minimum of 1 and maximum of 5 years? Because

the law wants prior cultivation, you can only commence
cultivation at the time the application for homestead
has been approved. bawal ang prior cultivation.

Third, the applicant must be resident for at least 1 year

continuously in the municipality where land is situated
and has cultivated 1/5 of the land continuously and
shall make an affidavit that no part of the said land has
been alienated or encumbered and that he has to
comply with the requirements of CA 141.

Fourth, upon payment of final fee shall be entitled

already of the issuance of homestead patent.

*If it shall be proven that the land under the law cannot
be subject of homestead grant, the patent can be
cancelled.

Q: Are you entitled to a patent if you changed your

residence?
A: No. The patent entry may be cancelled so, residence
is a continuing requirement. Also, if you have
voluntarily abandon the land for a period of 6 months at
any time during the years of residence and occupation.
Note, he law does not require continuous absence for 6
months.

*Remember that only one homestead is allowed for

every person.

After the approval of the application and before the

patent is issued, if the qualified applicant cannot
continue with his homestead and there is a bona fide
purchaser for the rights and improvements of the
applicant, and the conveyance is not made for the
purposes of speculation (meaning, so that you can resell it, that is speculation) he may, with the previous
approval of Director of Lands must transfer the land and
any improvements thereon to the person legally
qualified to apply for homestead.
Any person who must so transfer his rights may not
again apply for new homestead. Every transfer made,
without previous approval by DOL shall be null and void.
Sales Patent
Under section 22, Any citizen of lawful age of the
Philippines, and any such citizen not of lawful age who
is a head of a family, and any corporation or association
of which at least sixty per centum of the capital stock or
of any interest in said capital stock belongs wholly to
citizens of the Philippines, and which is organized and
constituted under the laws of Philippines, and corporate
bodies organized in the Philippines authorized under
their charters to do so; may purchase any tract of public
agricultural land disposable under this Act, not to
exceed one hundred and forty-four hectares in the case
of an individual and one thousand and twenty-four
hectares in that of a corporation or association, by
proceeding as prescribed in this chapter: Provided, That
partnerships shall be entitled to purchase not to exceed
one hundred and forty-four hectares for each member
thereof. But the total area so purchased shall in no case
exceed the one thousand and twenty-four hectares
authorized in this section for associations and
corporations.

Lease Patent

Under Sec. 33. Any citizen of lawful age of the

Philippines, and any corporation or association of which
at least sixty per centum of the capital stock or of any
interest in said capital stock belongs wholly to citizens
of the Philippines, and which is organized and

constituted under the laws of the Philippines, may lease

any tract of agricultural public land available for lease.

LANDTITLES
August 28, 2012
Pearl Canada

Your contract with the government is the lease patent

that the government issues.

Application shall be in writing, signed by the applicant or the

person duly authorized in his behalf and sworn to before any
legal officer authorized to administer oath in the province or
city where the application was actually signed.

Mystery Movie of Sir: I guess it was Eyes Wide Shut

movie

The application shall contain the following particulars:

Free Patent

1.description of the land applied for together with the

improvements thereon if any.

Under section 11, remember that only agricultural lands

can be subject of issuance of free patent.

Take Note of this law, RA 10023, AN ACT AUTHORIZING

THE ISSUANCE OF FREE PATENTS TO RESIDENTAL
LANDS. This is actually a novel proposition.

2. Citizenship and civil status of the applicant; whether single

or married, the name of the husband or the wife. If the
marriage has been legally dissolved when and how the
marriage relation terminated.

3. Assessed value
improvements.

of

the

land,

building

and

other

(This is important for jurisdictional reasons)

Under this law, Section 1 in qualifications. - Any Filipino

citizen who is an actual occupant of a residential land
may apply for a Free Patent Title under this Act:
Provided; That in highly urbanized cities, the land
should not exceed two hundred (200) square meters; in
other cities, it should not exceed five hundred (500)
square meters; in first class and second class
municipalities, it should not exceed seven hundred fifty
(750) square meters; and in all other municipalities, it
should not exceed one thousand (1,000) square meters;
Provided, further, That the land applied for is not
needed for public service and/or public use.

4. Any mortgages or encumbrances on the land, or the names

of other persons who may have a legal or equitable interest
therein. (this is also important for the simple reason that these
people must be given notice)

5. Manner by which the applicant has acquired the land.

6. Full names and addresses of all the occupants and those of

adjoining owners if known, and if not known shall state the
extent of search made to find them, (because occupation is
more or less similar to possession and sometimes an incident
of ownership, adjoining owners must be identified because of
the possibility of over-lapping of boundaries)

Kini ang mas kinihanglan sa mga tao.

7. When the land applied for borders on road. It shall whether
or not the applicant claims any and what portion of the land
within the limits of the way or road, and whether the applicant
desires to have the line of the way or road determined.
(Sec.20)

8. The court may require facts to be stated in the application in

addition to those prescribed by this decree not inconsistent

therewith and may require the filing of any additional papers. It

may also conduct an ocular inspection, if necessary. (Sec.21)
b.
*Remember the difference between ordinary civil procedure
and procedure in land registration. In civil proceedings there
are only 7 pleadings that are required: complaint, answer,
counterclaim, cross-claim, reply, third-party complaint and
complaint-in-intervention. However in the land registration you
have the application and there can be the opposition as to
what other pleading to present it could be under the discretion
of the court, for any other additional papers. The court may
require the parties sometimes to submit a position paper, state
your legal arguments and convince the court with respect to
your position why you should be given the privilege of owning
this land under the Torrens system.

leaves the Philippines, the applicant must make

another appointment for the substitute and if he
fails to do so, the courts may dismiss the
application.
If the application is filed in the wrong court or
venue (difference between jurisdiction and
venue: J is governed by substantive law while V
is procedural)

c.

If the land is not per se, registrable

d.

If the land has been previously subjected to the

operation of the Torrens system. Simply put: land
has already been registered.

e.

If the applicant is not qualified under the

Constitution

What should accompany the application for registration?

Difference between Dismissal and Denial of application:

1.Application for registration must be accompanied by tracing

cloth plan duly approved by Director of lands

Dismiss means thats the end of the case. If you want

to file again you have to pay all the required fees all over
again. If application is denied, there is still hope. It is only
denied for the moment. You can always rectify the error and
have the court still take cognizance of the case.

2. 3 copies of technical descriptions

What are the causes?
3. 3 copies of surveyor certificate or original muniments of title

a.

b.
What is muniment of title?
Muniments of title are instruments or written
evidences which applicant hold or possess to enable him to
substantiate claim to his estate.

4. 4 copies of certificate from city or provincial treasurer of the

assessed value of the land.

5. In case of non-resident applicant, he shall file with his

application an instrument in due form appointing an agent or
representative residing in the Philippines.

Instances when the court can dismiss application for

original registration:
a.

In the case of a non-resident application where it

is prosecuted in a representative capacity, in the
event that the agent or representative dies or

If the applicant has not furnished the Director of

lands a copy of the application and all required
attachments, in that case the clerk of court will
not accept the application. It will only be denied.
Failure to make oath before duly authorized
person. (Now, law is not clear in the event that
the application is not verified, in my submission
would be to apply procedure in civil cases where
there is no immediate dismissal of the case
whenever there is defect in the verification, it
must only be denied.)

Importance of verification is to maintain truthfulness in the

application because, in the event of false declarations in the
application, one can be criminally held for Perjury.

Application shall be filed in the Regional Trial Court of the city

or municipality where the land is situated.
Sec.2 of Property Registration Decree, the court used the
Court of First Instance, now RTC shall have the exclusive
jurisdiction over all applications for original application of title to
lands, including improvements and interests therein and over
all petitions filed after all petition for original title. So, the
jurisdiction refers to both the original application and
subsequent dealings in the property. An example is the
reconstitution of loss title, this is filed in RTC.

Such courts (RTCs) shall have the power to determine and

hear cases arising from such application or petitions. The
Court, through its clerk of court shall furnish the Land
Registration Commission certified copies, pleadings, orders
and decisions filed or issued for land registration with
exception of stenographic notes within 5 days from the
issuance thereof.

Here, the jurisdiction of RTC is exclusive and original. RTCs no

longer have limited jurisdiction in original registrations for land
title.
Case: Aberia v Caguia 146 SCRA 459

Is this jurisdiction of RTC really exclusive?

No. because under sec 34 of BP 129 as amended by RA 7691
Allows MTCs to hear cadastral land registration.
Sec.34 provides, MTCs may be assigned by SC to hear and
determine cadastral or land registration cases covering lots
where there is no controversy or opposition or contested lots,
the value of which does not exceed 100,000 pesos.

Which of the following land cases may be heard by MTC in

cities:

a.

Application for land title of a lot contested by 2

claimants, the assessed value being 50,000 pesos.
b. Application of original registration of an uncontested
lot, assessed value being 120,000
Answer: B. so, if the lot is contested the value is limited to
100,00 but if it not contested there is no limit to the value. But
remember it is not automatic, the SC must assign the MTC to
hear cadastral cases.

Value of the lot means? Fair-market or assessed value?

-It is always assessed value for jurisdiction to apply.

Note: Appeal cases in MTC as delegated court by SC shall be

filed in CA not RTC.

Q of Fact or Q of Law?

It has something to do with the remedy. If it is Q of

fact you have to appeal in CA not in SC bec it is not trier of
facts. If mixed Q of Facts and Law, still CA.

LAND TITLES- Sept 4, 2012

I think the last topic we discussed before we were
interrupted by earthquake is whether or not there
can be default in a land registration case? of course
the answer would be YES! From the motion of the
applicant, if the person here is absent within the
time allowed, the court would order a default and
will be recorded and will require the applicant to
present evidence.
Now what if you are a claimant over the same
property which is the subject of the original
registration case, can you restore or can you ask
the court to restore your standing? Meaning you
can now file a position despite the fact that you did
not appear during the date of initial hearing and
then you did not submit any opposition? The
answer is YES! because a defaulted interested
claimant may gain standing by filing a verified
motion to set aside the order of default under rule
5 section 3 of the rules of court which applies
suppletory in a land registration case.
Can you file a motion to dismiss? YES! again
because of suppletory application of the rules in
land registration cases provided in section 34 of PD
1529.
Ok! After the filing of the answer or opposition of
the application, of course the RTC will now proceed
to hear the application for land registration and
during this hearing by the RTC the applicant must
of course present evidence like in any other case,
like, what would be the specific evidence that
would be required of the applicant?
First, Of course you need to present that the land is
alienable or disposable, that it had been withdrawn
from public use and therefore registrable public
land, and that would usually come in a form of
declaration from the executive branch of the
government declaring that such land is withdrawn
from public use and it is already alienable and
disposable land of the public domain.

Second of course as the applicant you have to

present proof as well as to the identity of the land
and therefore you have to prove before the court
the specific meets and bounds of the properties, sa
ato pa you need to present unsa na ka dako nang
property na imong gina applayan, what would be
the specific description of the property or how
many square meters, you will need to present that
too.
Finally the proof of acquisition of ownership of
such land under section 14 of PD 1529, whether
you have acquired it by prescription, or by virtue of
paragraph 1, or you are applying such property as a
result of accretion and so on and so forth.
Ok so after hearing of course, whether there is an
opposition or not the court will indeed promulgate
this judgment under section 28 there can be partial
judgment. This happens when only a portion of
land is contested, the court may render partial
judgment provided that a subdivision plan showing
the contested or the uncontested portion is
approved by the director of lands previously
submitted by the parties and of course in relation
to what we have discussed earlier that when there
is controversy as to the boundaries of the
properties, the parties may be required to submit a
subdivision plan. So this is the application this time.
So that para dili kaayo dugay, the court can render
partial judgment and pending resolution of the
controversy in the mean time, such controversy is
subject to the issuance of certificate of title. All
conflicting claims of ownership in the interested
lands subject of the application shall be
determined by the court and the court after
considering the evidences and the reports of the
commissioner of land registration and the director
of lands finds that the applicant or the oppositor
have a sufficient title proper for registration,
judgment shall be rendered confirming the title of
the applicant or the oppositor to the land or
portion thereof. So it foresee a situation where you
are the one whos filing an application for original
registration of property not covered by a torrens
title and the reason for the opposition, that it was
the oppositor who was able to prove by quantum
of evidence required by law, he is now entitled to

the property, as if the oppositor filed the

application.
So how can you prove that the applicant is not
entitled to the same? you also present the same
thing, you have to present of how you have
acquired the property, if you are the oppositor and
also the specific meets and bounds of the property
so as if the judgment would cover all conflicting
claims over the land. Then after promulgation of
judgment by the court then it will issue its
judgment or it will issue its decision, the judgment
rendered by a land registration proceeding
becomes final upon the expiration of 30 days to be
counted from the day of receipt of notice of the
judgment. After the judgment has become final
and executory, it shall be the duty upon the court
to report with issues directing the commissioner of
land registration authority to issue the decree of
registration and the corresponding certificate of
title in favor of the person adjudged and entitled to
the registration. So take note of the period here, 30
days to be counted from the day of receipt of
notice of judgment. What would happen after the
expiration of the period? The judgment becomes
final and executory. And after the judgment has
become final the court will issue an order, the
order will direct the commissioner or the land
registration authority to issue the so called decree
of registration and the corresponding certificate of
title in favor of the person adjudged and entitled to
the registration.
So the decree of registration is issued by the land
registration authority rather than the court, so
what will the court issue? The court will issue a
judgment and not the decree. So for all intents and
purposes the judgment of the court is more or less
the same as the decree of registration and they are
identical in all aspect.
Since it is the commissioner or the land registration
authority that will issue the decree of registration
what duty is involved in such an issuance? It is a
ministerial duty or a discretionary duty from the
part of land registration authority. Now at this
point the answer to the question is that first we
need to know what a ministerial duty is and a
discretionary duty is. Of course discretionary duty
involves discretion. So you have to choose between

two options so it involves discretion, thats choice.

Ministerial duties on the other hand do not involve
such discretion it has to be done, thats what a
ministerial duty is. Kung a tribunal or an officer
does not have to choose whether naay mudaog or
mapilidi, that it has just to act to a certain matter
that is a ministerial duty.
Now when the commissioner or the land
registration authority would issue a decree of
registration is it exercising discretion? Is it simply
following a superior body and would say in this
case, the superior body is the court and in that
sense it is ministerial in character because it has
no discretion on the matter whatsoever. When the
court decrees that Mr. A, the applicant is entitled
to a titling to the property he is applying before
the land registration authority, and the LRA abides
with its order, the LRA would have no choice, the
LRA has just to issue a decree of registration.
Now in the case of GOMEZ VS CA DECEMBER 15,
1988 the Supreme Court said that the duty of the
land registration officials to issue a decree of
registration is purely ministerial. it is ministerial in a
sense that they act under the orders of the court,
and the decree must be in conformity with the
decision of the court, and they have no discretion
in that matter, very simple it is of course ministerial
it has to be in conformity with the judgment of the
court and the available facts on record in a land
registration case. Now what would be the effect s
of the declaration that duties are ministerial?
The availability of certain remedies, when
something is need to be done by an officer or
tribunal is one that would entail discretion and the
tribunal refuses to act what would be the proper
remedy? You can then couch that under the
general terms grave abuse of discretion amounting
to lack or excess of jurisdiction and normally you
can file a certiorari, that is your remedy, youre
questioning discretion
But when you question something that is not
discretionary, what can you use or what is your
remedy that you can avail of? You can avail of the
remedy of mandamus. But lets not jump forward
yet because I am not prepared to tell you that it
being a purely ministerial function, the issuance of

decree of registration can be compelable by

mandamus? I am not prepared to tell you that yet
but for one the effect of that the characterization,
that it is ministerial in character, this duty to issue a
decree of registration as ordered by the court by
the land registration authority would be that you
dont normally go to the motions of securing an
execution, another difference of an ordinary civil
case and a land registration case. In an ordinary
case, Mr. A files a complaint against Mr. B and the
court orders Mr. B either to vacate the property if
it is an ejectment case, to pay damages or to do a
certain thing, a judgment which compels the
performance of an obligation, obligation to give,
obligation to do and not to do, no matter how you
look at it, it is always the content of a judgment, to
compel the performance of an obligation.
So let us suppose that in an ordinary civil case,
pahawaon nimu ang defendant then to pay
damages is it automatic when the court issues a
judgment automatically that will be done? NO! you
have to file what we call a motion for execution
provided that the judgment has become final and
executory .
When does it become final and executory? Upon
the expiration of the period to appeal if there is a
further appeal allowed, but when we say the
judgment was rendered by the Supreme Court, wla
na jud tay mabuhat ana! You cannot appeal further
so it immediately becomes executory. But there is
a thought that you still have to wait because there
is a remedy what we call as motion for
reconsideration before the SC, in which the SC
rarely grants. But there are a lot of cases when the
SC made a complete turn around, in a case by
reason of a motion for reconsideration, one of
these cases if one that you will take up in labor law
and in torts and damages, and that would be the
case of RAMOS VS CA, I do not know if you are
familiar to that but it is a labor standard case, it is
one case where the SC decreed that the employeremployee relationship can be declared even if you
know it is not part in the labor code, the SC will
supply an employer-employee relationship. But
upon motion for reconsideration the SC, it made a
turn around to their previous decision and said NO!
There is no employer-employee relationship. So

the point I am making is that, upon the expiration

of the period to appeal the decision becomes final
and executor, so thats how it is, and in ordinary
civil cases, and when it becomes final and
executory there is an entry of judgment, if it will be
finalize in court, the court will issue a finality of
judgment then after that, you can already file a
motion for execution because that would be the
only time that you will be entitled to the fruits of
the judgment. In an ordinary case, the court will
direct the sheriff to compel satisfaction of the
judgment in a land registration case, however the
cause of its ministerial duty, you do not have to file
a motion, so that the LRA will issue a decree of
registration. Thats the first effect that the
characterization of a duty to issue a decree of
registration is ministerial in character no need to
file a motion for execution and according to the SC
in the case of REPUBLIC VS NILYAS JANUARY
23,2007, there is no need for the prevailing party
to apply for writ of execution in order to obtain a
title and to compel the LRA to issue a decree of
execution. If upon a case it will become final and
executory, ipso facto that is the effect.
Now a very important question is that can a
mandamus be availed of? Now there is already a
judgment by the RTC declaring you to be entitled
to a land in question, you are entitled to have a
title issue in your name, now the thing is the LRA
does not want to issue a decree of registration, in
other words what is the effect? You have judgment
but the case in the meantime would not run, sa ato
pa walay mahitabo, nganu wala may mahitabo?
Because walay mu issue og decree of registration.
Now remember without the decree of registration
there is no title that can be issued, so you feel
aggrieved why is it the LRA is taking too long issue
a title in my name? because I want to obtain a loan
and secure such title as a mortgaged kay kailangan
nako og kwarta. Can you file a petition for
mandamus to compel the LRA to issue a decree of
registration? Of course upon the assumption from
that GOMEZ case, that is not ministerial, while a
ministerial function can be compelled by a
mandamus, in this case in LABORADA VS LRA, that
was precisely the contention of the applicant. Now,
the LRA in issuing a decree of registration
contends that there is a possibility that the title to

be issued is erroneous on the ground that such

property have been already subjected to a previous
title, in other words that the land had been
brought previously to the operation of the torrens
system. Now the issue that confronted the
Supreme Court is that, can mandamus be the
proper remedy? According to the SC, mandamus
cannot be a proper remedy for three reasons:
1. Judgment here is not yet executory. The
judgment which seeks to enforce in this
petition is not yet executory and
incontrovertible under the land
registration law because the contention
of the petitioners in LABORADA is that
30 days have already passed, no avails
have been made, therefore it shall be
issued the decree of registration. But
according to the SC NO! That is not the
period. For a judgment to be final,
executory and incontestable what is the
period under the land registration law?
What have you learned? It is 1 year
from the date of issuance! so it is not
yet final and executory and therefore no
registration of title yet
2. The SC said a void judgment is possible.
It is possible because of the findings of
the LRA that the property has been
subjected to the operation of the
torrens system, that there is a
duplication of the titles that would be
issued over the same parcel of land and
in that case, thus, judgment declaring
the present land to be subject to titling
is of course void
3. And finally according to the SC the
issuance of the decree of registration in
this case is not ministerial in character
So what happens to the ruling of the SC in
the case of GOMEZ vs CA? let me tell you in
the case of GOMEZ, its good law, it has not
been abrogated, it is not even an aberrant
decision of the SC saying that the issuance
of the decree of registration by the LRA is a
ministerial act but why is in this recent case
in LABORADA, the SC is saying it is not a
ministerial act it is well settled that the

issuance of the decree of registration is not

a ministerial act. Lets go first to what the
SC said about it. The issuance of the decree
of registration is part of the judicial function
of the courts it is not merely a ministerial
act and it may be compelled through
mandamus. Moreover, after the rendition
of a decision by a registration or cadastral
court, there remain many things to be done
before the final decree can be issued, such
as the preparation of amended plans and
amended descriptions, especially where the
decision orders a subdivision of a lot, the
segregation therefrom of a portion being
adjudicated to another party, to fit the said
decision. Furthermore, although the final
decree is actually prepared by the Chief of
the General Land Registration Office, an
administrative officer, the issuance of the
final decree can hardly be considered a
ministerial act for the reason that said Chief
of the General Land Registration Office acts
not as an administrative officer but as an
officer of the court and so the issuance of a
final decree is a judicial function and not an
administrative one.
Two very conflicting decisions eh? But let
me tell you that there is no conflict. Why do
I say that? Go back to the general rule the
duty to issue a decree of registration can be
considered ministerial, if there is doubt or
dispute to the title, like for example there is
an application for registration, the
opposition says that NO the property is not
registrable but the court still issues a
judgment saying the applicant is entitled to
the registration, now what would be the
duty of the LRA? Nganu man in the first
place kailangan tagaan og kopya ang LRA?
So that the LRA can check, is the property
registrable? Is this property already covered
by any torrens title? Because if it is original
registration cannot follow, now if the LRA
finds that there is no really a controversy or
dispute, now that is the time when the LRA
has to follow strictly as stated in the
petition and has issued a decree of
registration, in that case that is ministerial if

there is really no dispute but when the LRA

thinks that there is a problem if they would
issue a decree of registration
and
subsequently issue a original certificate of
the land. What now is their duty? Not to sit
quietly or wait for the parties to make their
moves, NO! the LRA must refer the matters
of fact to the court the issue of the
judgment and it is possible that their
judgment is vague because this property is
not registrable or this property had been
already subject under the torrens system in
that case it is not compelable by mandamus
because the court is still to decide on such
matter. So no conflict whatsoever if there is
no dispute whatsoever, it is of course
ministerial once the court says judgment is
rendered in favor of the applicant and then
the LRA is mandated to issue a decree of
registration and it has to but if there Is
doubt at any point in relation to the
preparation of the issuance of the decree
notably where the land had been already
decreed in another name and an earlier
land registration case, then mandamus is
proper. Because it is the duty of the LRA to
refer the matter to the court they act in this
respect as officials of the court and not as
administrative officials, and their act is the
act of the court. They are specifically called
upon to "extend assistance to courts in
ordinary and cadastral land registration
proceedings. So para dili ta maglibog ingani
lang ni ka simple if the LRA acts as purely
administrative
office
meaning
no
controversy no dispute but duty to issue is
ministerial it is compelable by mandamus.
But if it acts as an officer of the court
because there is dispute then it cannot be
compelled by mandamus. So were done
with that the decree of registration.
So far what are the important documents
that the applicant has really no part in the
preparation thereof?
Of course first, the applicant has to file this
application and then judgment will be
rendered if everything is to be found in

order and he has proven of what is required

to prove under the law. Now the important
documents after that would be of course
the judgment of the court which is already
final and is the basis of the order directing
the
commissioner
to
issue
the
corresponding decree of registration and
certificate of title.
Second, after the judgment of the court,
there is still separate order from the court
directed to the commissioner to issue the
corresponding decree of registration and
certificate of title.
Third you have decree of registration and,
Finally you have the certificate of title
which for all intents and purposes is the
transcription of the land.
Now in the land registration case
specifically in original registration three
documents must be totally in harmony to
each other
1. Judgment of the court which is the basis
of the decree of registration both of them
must be in harmony
2. And then we have the certificate of title
which merely recites the ultimate facts in
the petition, it also have to be in harmony
with the judgment of the court and the
decree of registration. Pareha ra na sila og
contents, if along the way there is a change
in this particular judgment, nag differ ang
decree og ngdiffer ang certificate of title as
issued, now there is something wrong
there, which would render the title
sufficient to be susceptible to attacks if it is
not in conformity with the decree of
registration. So after the issuance of the
decree of registration, the decree of
registration is entered in the land titles
administration, then after that the copy of
the decree is submitted to the registry of
deed where the land is situated because
our LRA is where?it is in Manila it is not
here. Naa tay ROD pero ang central office
nasa Manila. I do not know where, I have

never been there. So magpadala sa decree

and that would constitute the authority of
the ROD to of course issue a title. Now this
decree of registration is transcribed in the
ROD in his/her registration book and finally
there would be an issuance of the titles.
Two titles would be issued in effect of its
existence. One would be the owners
duplicate certificate of title given to
applicant by the LRA upon payment of the
prescribe fees but there is another title,
where is that title? It is kept in the custody
of the ROD of the place where the land is
situated, so that we can now apply our
mirror principle, curtain principle, and so on
and so forth, how so? Because you cannot
transact dealings with regards to your
property without your owners duplicate
certificate. Or whatever annotation that will
be placed in your own copy of the original
certificate of title it must be reflected in the
copy kept by the ROD kining duha dpat in
harmony jud. They should mirror each
other kung unsang annotation sa isa dapat
mu appear sad sa isa . just simple as that
.and they keep it, a lot of it, just imagined
how many land title has been issued in
davao cirty alone, not to mention TCTs
from OCTs, not to mention patents which
are of course kept in the ROD, can you
imagine pila kabuok titles ang naa, and
davao city is just a small place, so you have
there a very big vault, as of now our ROD
still not yet in order, because of the transfer
of hall of justice in ecoland to the present
ROD here in magallanes. So everything is
not yet in order. I have a case and I needed
the original certificate of the title and I
needed copies of whatever document that
will tend to lead to the issuance of the title,
so I have going there for almost a year and
the records there is not yet in order and you
cannot blame them because of the
voluminous nature of the records.
Thankfully right now everything is kept as
PDFs, it can be easily access in the
computer pwede na nimo na mkita masking
wla ang title physically sa imoha iopen lng

nila to mkakita ka kung naa bay annotations

og problema sa title na ni and mind you the
ROD is the most busiest offices in our
bureaucracy for whatever reason again im
telling you, you know gamay lang kaayo ang
davao pero grabe ang transaction sa yuta sa
davao, just imagined, so if you go there you
do not know anybody maabtan kag ugma.
Now we have now an overview of what
happens from the time the applicant first
sets his application, filed it before the court,
proceedings before the court, he must
proved his entitlement before the court,
there is issuance of the judgment, issuance
of decree of registration then you have
issuance of title, that is more or less the
basic procedure, it is not so difficult to
remember or to understand it but it is only
one in the cases in land registration.
Now we will be dealing with remedies what
do you do? Title has already been issued
but you were not included when in fact you
should be included or you should be the
owner of the property subject to title. Now
you will now defend on whether or not a
decree of registration had already been
issued? Now why is that the issuance of
decree of registration is the reckoning point
for the purpose of identifying remedies.
Why is a decree of registration issued?
simply means that the case is already final
and executory.
So lets go to the remedies first prior to the
issuance of the decree of registration which
means that the case is not yet final
1. First is of course when you are
aggrieved by a judgment, meaning
napildi ka, what will you file? Well you
can file a motion for reconsideration as
the LRA will reconsider its judgment
because there may have been some
errors with regards to its finding of facts
but also as to its findings of law
2. Or instead of a motion for
reconsideration you file for a motion for
new trial, in civil procedure you will

learn more of this. But what is the

concept of a motion of new trial? It is
simple as this, for example, we have to
re-try this case, I was not given my day
in court because of fraud, I was
compelled not to make my presence, or
I was compelled not to file my
opposition, and therefore If I was able
to file my opposition the judgment of
the land registration court will be
different, so thats a motion for new
trial, but let me tell you this kind of
motion is rarely granted by courts, for
example a motion for reconsideration,
so you are asking the court that 1 + 1= 2
to reconsider its finding and you will say
1 + 1 = 3 something like that, in other
words pa gang korte mo issue na og
judgment what will be the likelihood
that the court will change its mind?
Murag ako gud ningingon nako na dili
jud ko mutanaw og ANGELITO,
ningingon nako na ingana tpos
nkadungog mo, so whats the likelihood I
will watch it? On the principle that dili
ko gusto mapaulawan dili jud ko
mutanaw, but on the other hand, kaye
abad is there in my opinion is a quite
fine woman, maxim issue no 2, yes yes
yes I remember that, issue no. 1 is
angelica panganiban, but I dont like
her, anyway the court will say that he is
not liable, now that just because you
filed a motion the court will now think
that he will be not liable, courts rarely
change its decision, panagsa ra kaayo
na, that why in the RAMOS case I was so
surprised, the supreme court by virtue
of a motion for reconsideration made a
complete turn around and said, you
know what we may have been wrong, in
such a short period of time, the SC said
we may have been wrong, courts are of
course different compared to judges,
but without a judge the court cant
really function that much, and a judge is
a judge, so it is very unlikely. What
about a motion for new trial? It is also
something that the courts are implied to

grant? NO! why? You know what no

need to go through a motion, we
already have received evidence, tulo ka
tuig na ning kasoha ni tapos you want to
start a new trial mubalik tag zero?
Courts are very hesitant to those
matters. So what do you do? The
normal recourse would be to file an
appeal the same manner as ordinary
cases decided by the court is appeal.
Which court has appellate jurisdiction
over decisions of the Land Registration
court which for all intent and purposes
is a regional trial court, file an appeal to
the court of appeals, now there is an
exception to that, that is of course
whether it is a pure question of law you
go directly to the SC but most probably
what will the SC do? Because there is
hierarchy of courts lets remand the case
to the court of appeals and let the court
of appeals handle this so that you will
have one more remedy after the court
of appeals which is the SC, or before the
issuance of the decree of registration
you can also file a petition for review
under the rule 38 of the rules of court,
this time there are specific grounds like
fraud, accident, mistake and lastly
excusable negligence, we will discuss
more of these when we will go to civil
procedure, why? Because you will see
the entire process, when a party has
been defaulted, he wants to lift the
order of the court and what are the
grounds? That he was not able to file an
answer because of fraud, accident,
mistake and excusable negligence. Wala
na lift ang order of default what do you
do? File a motion for reconsideration or
you can file a motion for new trial
because of fraud and was not able to
file your answer. Kuung dili pa jud
sugtan ang motion for review under rule
38 on the same ground as of default like
fraud, accident, mistake and excusable
neglifgence. What do you do? Mas
gwapo na sa idiscuss sa civil procedure
because you will see the entire process

which I doubt you will see right now,

just a background. So that is just some
remedies you can avail before the
issuance of such decree.
Now what are the remedies once the
decree has been issued? Of course you
have the petition for review under
section 52 of PD 1529 so what is the
difference between this petition for
review and the petition for review
under rule 38 of the rules of court,
because those are two different
animals, dili na pareha, and there are
specific requisites that apply for section
32of PD 1529,
1. That the owner is deprived of his
dominical right
2. The deprivation was due to intrinsic
fault
3. You must file a petition within 1 year
from the issuance of the decree
4. Provided that the property has not
yet been transferred to an innocent
purchaser
But what will happen if it is already
beyond the 1 year period from the
issuance of the decree , and you are
deprived of your right and lets say
there exist fraud in the issuance of the
title? What do you file? You can file an
action for reconveyance, this happens
when the owner of the property is
deprived of ownership of land due to
actual fraud or breach. So next meeting
we will discussing this remedy and all
other remedies provided by law and we
will talking about trust, if it is an implied
trust that will be breached what is your
remedy? If it is an express trust that is
breached what will your remedies as
well. So that will be the subject of our
discussion next meeting.

Landtitles
September 18, 2012
Pearl Canada
Subsequent registration- refers to incidental matters arising
after original registration. Dealings after original registration
may either be:
1. Voluntary
2. Involuntary
The mere execution of deeds of sale, mortgage or lease or
other voluntary documents to serve 2 purposes:
1.
2.

Contract between the parties (voluntary)

Evidence of authority of ROD to register such
document

*The act of registration creates a constructive notice to the

whole world of such voluntary or involuntary dealings.
Distinctions
Voluntary
Refers to deeds, intruments or
documents which are the result
of free and voluntary act of
parties thereto.

May include: Sale, lease,

mortgage, pacto de retro sale,
extra-judicial
settlement
of
estate,
free
patents,
homesteads, powers of attorney
and trusts.

Innocent purchaser for value of

registered land becomes the
registered owner the moment he
presents and files a duly
notarized valid deed of sale and
the same is entered in the day
book of ROD and at the same
time he surrenders or presents
the
Owners
Duplicate
Certificate of Title covering the
land that was sold and pays the
fees before the ROD

Involuntary
Writs, orders or processes
issued
by
a
court
respecting lands which by
law should be registered.
Such instruments which
are not the wilful act of
owner and which might be
executed
without
the
latters consent
May
include:
States
exercise
power
of
eminent
domain
,
attachment(where
property is taken by order
of court for satisfaction of
debt),
injunction,
mandamus,
sale
on
execution of judgment,
sales for taxes, adverse
claim
The
entry
of
deed
evidencing the involuntary
dealing in the day book of
ROD may be sufficient
notice to all persons even
if the ODCT is not
surrendered in ROD.
Common misconception:
that
whenever
you
transact land there is
alwasys a need to present
your title, of course this is
just true if it is voluntary.
Because in involuntary
you dont want to present,
you dont have knowledge
that you need to present
your copy of the title but

There is a need to present the

title in the ROD and to make
memorandum on the title
Registration is effective once
ODCT
is
submitted
with
payment of fees, once it is
registered in the day book of
ROD and it is annotated at the
back of the title, the voluntary
transaction is deemed registered
rd
and would already affect 3
parties.

the dealing is executed

over
the
property
nevertheless.
No need to present
Annotation in the entry
book is sufficient
Registration is effective
once it is entered in the
day book of ROD

Section 56. Entry Book. Each register of deed shall keep an

entry book in which upon the payment of entry fee
Dili pwede na sa iyang pagdawat sa dokumento ani nga date
unya ang gisulat sa libro lahi. That would be a spuroius
transaction.
Voluntary dealings
Section 51-(read)
Why is it a will is not included in the operation of setion 51?
1.
2.

Will is not a contract (except in parole evidence rule

but by legal fiction only)
Will does not necessarily convey a registred land at
the time that it is already executed because a will is
not automatic. It has to go trhough a process called
allowance or disallowance of a will. In short, that is
called process of probate, to determine whether the
one who made the will was of sound mind at the time
he made the will.

The registration of title is the operative act to convey or affect

rd
the land in so far as 3 persons are concerned. Registration
shall bemade in the office of ROD in theprovince or city where
the land lies.
In determining jurisdiction remember this 2 classifications:
1. Personal action- venue of the suit will always be where the
plaintiff resides
2. Real Action- where property is situated

What happens if the conveyance of property was by forged

contract?
General Rule: Forged or fraudulent deed is a nullity and
conveys no title.
Except: When certificate of title is transferred from owner to
forger and sold to innocent purchaser for value and in good
faith. (Case: Ule v Legare(?)7 SCRA 351)
Chain of Title Theory
An approach to determining the validity of title by
examining the comparative negligence of the parties. In forgery

there will always be a party considered at fault and a party

considered negligent.

So you always have to determine the negligence between the

parties. Between the owner, forger and innocent purcahser:
talo talaga ang forger.

Illustration:
I. Bianca owns a piece of land and she has a
certificate of title. Bianca went to US and leaves title to
Kim. Kim forged the Deed of Sale making it appear that
bianca sold the lot to her, and Kim presents the forged
deed and ODCT to the ROD. As a result the ROD cancelled
Biancas title and issues a new title. Assuming that Bianca
comes back and found the forgery, can Bianca recover the title
from Kim?
1. In this case who is at fault?
Definitely the forger. Therefore the forger in this case
does not acquire any right, in this case, Kim.
rd

2. Now what if Kim sells the same property to a 3 person,

Maja?
Maja now registers the land presenting the TCT of the
land which is now registered in the name of Kim. Maja now
successfully obtained the title in her name. now, Bianca comes
out, can Bianca recover from Maja? NO.

But the conflict arises when it is between the owner and the
innocent purchaser for value. Timan-I lang kinsa ba jud
ultimately ang sad-an? Kung parehas ang owner ug purchaser
for value ang sad-and, what principle you apply?
-The Mirror Principle (you dont have to go beyond the
certificate title)
BAR question:
Spouses X and Y mortgage a registered land to A and
delivered as well the original certificate of title to the latter. But
they continue to possess and cultivate the land giving of
each harvest to A, in partial payment of their loan to the latter.
A however, without the knowledge of X and Y forged a deed of
sale over the said land in favor of himself and acquired TCT in
his name and sold the land to B, who bought the land relying
on As title and who thereafter got TCT in his name. Only then
that the spouses learned that the land is already titled to Bs
name. May the spouses file action for reconveyance? Reason.
-

Maja is an innocent purchser, in this case she is not

the negligent party since she is not aware of what happened.
The one negligent here is Bianca for entrusting her title to Kim.
3.

Between Bianca and Maja who is the negligent?

Of course, Maja and not Bianca.

II. Bianca has a title over a parcel of land, one night a thief
steals Biancas title. The thief, Kim went to the bukid and
cliams that she is Bianca and sells the title to Maja. Kim
forged the signature of Bianca. Maja registered the
property with a forged deed and successfully obtained the
title in her name. biancal ater on found out and file action
for reconveyance against Maja.

Requirements for voluntary dealing:

1.

So, the action can prosper? Yes because Bianca lost

the title due to fortuitous event and Maja is negligent here
because she failed to ascertain the identity of the seller. Since
Maja is negligent she cannot be considered an innocent
purchaser for value.
Is Bianca negligent? No. you cannot be negligent
against a thief.
III. Suppose Kim steals the title of Bianca, made it appear
that Bianca sold to her and now Kim obtains title in her
name. Kim sells the property to Maja. In this case Maja is
transacting on the right person because it appears that the
title is in the name of Kim, Maja is not aware that Kim
forged the deed of sale between her and Bianca. Suppose
Maja obtains a title.
In this case Maja is not aware neither was she
negligent Bianca is also not negligent since it was stolen from
her.
Chain of title theory is only applicable in cases where a forged
deed is was the caused of issuance of certificate of title. The
theory is not applicable where the transferee of the forger is
not an innocent purcahser for value and in good faith.

Action of spouses for reconveyance will not

prosper because B has acquired title to the
property as innocent purcahser for value. A
forged deed is an absolute nullity and conveys no
title. The act that the forged deed was registered
and TCT is issued in his name does not operate
to divest ownership over property of X and Y. the
registration of forged deed will not cure any
infirmity. But if the title from the forger falls into
the hands of innocent purchaser, the latter
acquires title. (Chain of title theory)

Presentation of ODCT upon entry of new

certificate. No voluntary instrument shall be
registred by ROD unless ODCT is presented
except in cases provided for in this decree or
upon order of court. In production of ODCT,
whenever any voluntary is presented for
registration shall be conclusive authority for the
registered owner to the ROD to enter a new
certificate or to make a memorandum of
registration in accordance with such intrument.
The new certificate or memorandum shall be
binding upon registred owner and upon all
persons claiming, in favor of purchaser for value
and good faith.

Conveyance of ownership over property can either be

a.
b.

partial
full- under section 57 (in fee simple means in full
ownership)

In a situation where there is conveyance but no TCT is issued.

So, A sold the land to B and land is covered by TCT, so the
annotation was registered in the ROD but for whatever reason
TCT was delayed. Would the memorandum would have the
same effect of cancelling the TCT?
Yes because the annotation itself will say, na kining
title na ni has already been sold.

Can there be a situation where you sold your property but

youd choose not to have the TCT only the memorandum?
Illustration:
A sold his property to B (full ownership) but there is a
right of repurchase which can be made in 2 years. In the
meantime, kailangn ba nimo ipacancel iyang title para isyuhan
ka bag-o unya pag repurchase niya isyuhan napud kag bag-o
unya pa cancel npud ang title? So it defeats the purpose of
simplicity and convenience.
In this case, just have your deed of sale with right to
purchase annotated at the back of the title because it is still
subject to a resolutory condition which is repurchase. If dili
mubayad, that is the time you can have the property
reconstituted in your name. so that memorandum alone will
already be sufficeient evidence of ownership.

New titles are issued. He is granted a new title after the

original has been cancelled. If only a portion is
conveyed, a TCT may be issued to the grantee
depending on the choice and time of the grantees.
II. Conveyance of interests, or less than ownership

Here, the ROD merely makes a memorandum of the

original and the owners duplicate.

What if portions lang?

-the ROD shall not enter any TCT to the grantee until
a subdivision plan of such land showing all the subdivided
portion of lots and corresponding technical description shall
have been verified and proved pursuant to section 50. And
there is again the intervention of Geodetic engineer. In the
meantime the deed may only be annotated by way of
rd
memorandum to serve as 3 -party notice.

No new TCT will be entered or issued pursuant to an

instrument which does not divest ownership or title
from the owner.

Land Titles And Deeds

REAL MORTGAGES

September 21, 2012

Lets try and compare two kinds of procedure

With respect to both, the basis would be the execution
of public instruments and registration with the ROD
where the land is situated. Both also require the
presentation of the owners duplicate.
What happens to the original certificate of title?

I. Conveyance of full ownership

Here, the ROD cancels the original and the owners

duplicate certificate. If conveyance is for a portion only,
the ROD has different choices:

What is it?
Its simply a security contract. Youll learn in this in
credit transactions. It is a contract that is used to secure
the fulfillment of a principal obligation usually a loan.
Im not saying that all the principal obligations of real
mortgages should be a loan, because the law says
principal obligation.

What is the effect on mortgage upon land?

It really has no effect as to ownership because
ownership is still with the mortgagor. But it creates a
lien that attaches to the property in favor of the
creditor. And if it is registered, constructive notice to
whoever has interest in the property and the whole
world. This is because if the property which is still
effectively under the ownership of the debtormortgagor, it can be sold. Therefore, you need to
register that mortgage simply to ensure that if the
property is sold, the mortgage will be respected.

1) he may cancel it
2) he may merely make a memorandum on the original
and the owners duplicate certificate of title

Second point is that if it was not known that the

property was already sold, the buyer will be put on

guard. He knows that he is buying a property subject to

a mortgage.

What is the effect if there is failure to register?

Its still valid between the parties but they cannot affect
third persons. Actual knowledge of the mortgage has
the same effect as registration because you already
have actual notice of such a lien.

When there is a prohibition in mortgaged

properties, or subsequent conveyances in general,
the leasehold cannot be registered in the title. This
is because, of course, of the prohibition.

Take note that in certain conveyances, prohibitions

on subsequent conveyances and dealings with
property are built in.

How do you cancel a mortgage?

Ex:
A mortgage may be cancelled by a means of an
instrument executed by the mortgagee or the lessee in
any form sufficient in law which shall be filed at the
ROD who shall make the appropriate memorandum
upon the title. In other words, you have already paid for
the debt, so there is no need to secure that anymore by
a mortgage. There is no need to ensure satisfaction of
the debt by the possibility that if later on, if the debt
cannot be satisfied, the property will be foreclosed. So
the debtor in this case has the right to cancel the
mortgage.

Remember that the ROD never deals with any

instrument that is not a public one. In other words, it
should be a public document or a notarized document.
That is what is meant by the term form sufficient in
law.

So again, this is what you do:

1) Discharge of the mortgage
2) File it before the ROD so that the annotation
will be cancelled
Can lease be registered?

A: yes. And it is the lessee, not the lessor, who is

now required to initiate the registration.

A title issued under the CARL will usually bear an

annotation or a lien which says that the grantee of
the title under the CARP law will actually not be
allowed to sell or encumber the property for a
period of 10 years after the issuance of the title. So
if you actually enter into that transaction within the
prohibitive period, it is void. There is a prohibition
by the law and is built in the title. With all the more
reason that it is void, you cannot cause the
annotation. You cannot register that.

If there is no prohibition, what is the effect of the

registration of a lease?

A: it creates a real right without prejudice to the

rights of third persons. If it is not registered, it is
valid only between the parties but not against third
persons who are not bound or who need not be
bound by the transaction.

Can you sell properties subject to a lease?

A: yes. What you are conveying to the person who
leases the property is not the ownership yet. Its
simply the right to use the property.

Those are rights of the owner who leases his

property. You still have ownership. You have the
right to sell.
How about a power of attorney?
A: yes. Any person may, by power of attorney ,
convey or otherwise deal with a land and the same
should otherwise be registered with the register of
deeds of the city or province where the land lies.
The person invoking such power of attorney shall
register it also.

How can there be a power of attorney over land?

and what may be the subject of the power of
attorney?
A: power of attorney may be made to manage the
property. You have the right to manage property as
assigned by the property owner. You can have it
registered. This is so that no other person will usurp
your right to manage the land. It can also be a
power to sell the land.

However, if you purchased a property after the

registration of the trust, you are deemed to have
notice of the trust and you cannot claim otherwise.
You are not considered a purchaser for value and in
good faith.

You also have settlement in partitions of estate. A

person may die testate or intestate. When you say
testate, the person with a property died and left a
will. Wills can either be notarial wills or holographic.

If there is already a will and you want to get the

property because you are one of the heirs, it has to
pass through probate proceedings. You have to file
a petition for the allowance of a will. The civil code
provides that no will shall pass a real or personal
property without having filed a petition. And during
the filing of the petition, there will two stages.

First stage: determine the validity of the will

Remember that under the rules of agency, a special
power of attorney is required if the agent is tasked
to sell the property in behalf of someone. If it is not
a public instrument, it is not valid. Any sale made
pursuant to that document, it is void.

Can you register a trust?

This means that you have to consider whether the act

of the testator, at the time he made the will, was
actually capacitated to make the will. He should have
been of sound mind when he made the will. This means
that he had full knowledge of the object and he made
dispositions.

A: yes. Express or implied trusts can be registered.

This is under section 65 of PD 1529, trusts in
registered land

what happens next?

If the deed is filed ..

What about an implied trust? How is it established?

A: Sec. 68

We look at the specific provisions of the will. If those

provisions of the will are sufficient in law, then the will
will pass probate. That is the only time when there can
already be a proper segregation of properties and given
to the heirs.

It doesnt mean that if it is placed on the will of A that

he will give a property to B, it will be his automatically.
There has to be probate proceedings.

Once the court declares that the will is proper and valid,
thats the only time that the property is actually passed.

1) An administrator when there is no will.

2) There is a will but it does not name someone as
an executor. There can be an executor, but the
person died or refuses. So the court will appoint
an administrator.

When the will of the deceased empowers the executor

to sell, convey, charge or otherwise lien the land, a
certified copy of the will and letters sec 90

Can you sell future inheritance?

No, that is against public policy.

Now, what if the owner of the property already dies?

Can you sell it?
A: yes, you can. By the fact of death, succession opens.
So you are already an heir. But you do not have yet the
specific property. You can only sell your rights. That is
only when the will passes through probate, that is the
only time when you can make the registration.

So if the will says you can only sell property sufficient to

cover the expenses for the settlement of the estate. If
the executor will sell all of the lands, it is void because it
violated the conditions expressed in the will.

In the usual sale, if the testator were alive, and he

wants to sell his property, the owner himself will sign it.
But what if he is already dead?
In this case, the law provides that if there is a need to
sell, the executor may sign the deed of sale as if he
were the owner.

What about if there is no will? What are the specific

rules?
What about the heirs? Can they get anything?
A: in intestate proceedings, under rule 76 of the Rules
of Court,

So its not just the will that is registered. It will also

include a certificate of allowance that is issued. That will
now be the basis for the issuance of the certificate of
title.

What about property that is sold or dealt by an

executor or administrator? What is the difference
between an executor and an administrator?

A: an executor is a person named in the will itself. An

administrator can be of two origins.

A: remember, as a general rule, when the will is being

executed or probated, the heirs cannot do anything.
The executor, even if he is not related at all to the
testator, he can do whatever he wants. The only way
the heirs will prevail upon the executor is to have the
executor moved.

If not allowed by will, but let us suppose that the will

does not say that you cannot sell? What will happen if
you have to sell to pay for the taxes?

A: section 88

In succession, you will learn that the will is final.

Nothing can change the will. But it doesnt mean that
will be followed in the end. It can be possible that the
will includes inofficiously giving A 100 million but his
estate is only 5 million.

One thing about extrajudicial settlement is that because

it is very quick, the effects are immediate. Once you
follow the process, you get the property already.

Can you enter into an extrajudicial settlement of the

estate even if there is a will?
So there has to be court approval.

What is this extra judicial settlement of the estate?

A: it is when the heirs themselves agree to divide the
property of the deceased share and share alike.

Like lets say, a father has 4 sons. And he died. The

children can now divide the property among them. Its
not a conveyance of property, but the heirs among
themselves that a portion of the estate will be assigned
to one of them. It is perfectly allowed under the rules of
court. Its assignment among heirs called to succeed the
estate of the deceased. This is covered by Rule 74.

Thus if the decedent dies and leaves property and has

no liens or debts, and the heirs are of age or the minors
are duly represented by their guardians, the parties may
secure letters of administration. You can automatically
divide the property by means of a public instrument
filed before the ROD.

In case of disagreement, the heirs may file an action for

partition. The problem with this is that it takes a long
time.

What about probate?

A: it takes a lot of time.

A: if you enter into an extrajudicial settlement in

accordance with the will, you can. This is because if the
settlement merely copies the provisions of the will, it is
still implementing the provisions of the will.

What if you cannot follow the provisions of the will?

Like one brother wants a bigger share of the property,
and the others conceded, can that be allowed?
A: you can extrajudicially settle the estate, follow the
provisions of the will according to the proportions, and
then execute a voluntary relinquishment of hereditary
rights in favor of that brother. In this case, it will be
valid.

If youre the only heir, you dont have to go probate. All

you have to do is execute an affidavit of adjudication of
sole heir. No need for extrajudicial settlement.

The sole heir may dedicate the entire estate to himself

by means of an affidavit filed in the office of the ROD.
Its like any other affidavit. It must say:

1) I am the sole heir of .

2) The decedent has no debts or liabilities
3) By virtue of this provision of law, I am therefore
adjudicating upon myself as sole heir, the entire
estate

Remember however that the estate in this case must be

of small value. The fact of extrajudicial settlement or
adjudication shall be published in a newspaper of

general circulation once a week for 3 consecutive

weeks. There is need for publication so that interested
persons may file an opposition.

The title that is issued after the extrajudicial settlement

or adjudication of a sole heir of the estate will have a
two year limitation. Within two years, that will
annotation will remain in the title and it says simply that
the issuance of the title is without prejudice to creditors
or heirs who may have been omitted.

If within the same time of two years, it shall appear that

there are debts outstanding against the estate which
have not been paid, and that the heir or other persons
who have duly been deprived, his lawful participation
be over the money, such real estate shall remain in
charge with the liability to the creditors, heirs or other
persons for the full period of two years after such
instution notwithstanding the plans over such real
estate may have already been made.

Whatever happens, there is that 2 year lien. So if the

property was sold and that there is still a creditor, the
creditor can still run after the property even if it is in the
hands of a third person.

Involuntary Dealings with property

Involuntary dealings are dealings affecting land where

the authorization of the registered owner is not needed.
It may even be against the will of the owner.

Attachment it is a writ issued at the institution or

during the progress of an action, commanding the
sheriff or other public officer to attach property, rights,
credits or effects of the defendant to satisfy the
demands of the plaintiff.

It is a mesne process. this is a temporary process. the

writ issued may be dissolved later on.

It may come in different forms:

a. Preliminary attachment this is filed during
the case to ensure that in case you win, that
property will be yours. It could also be
dissolved to pay for the obligations.
b. Garnishment an incident of the execution
of judgment
c. Execution

How do you register?

Upon the expiration of the 2 year period, section 86.

All you have to do is file the petition which should be

verified which should be filed before the register of
deeds. If found to be in order, the ROD will forthwith
cancel that two-year annotation.

Take note of section 92.

A copy of the writ may be filed with the ROD where the
land lies containing the number of the certificate of title
to be effective. The ROD will index the writ with the
names of both the plaintiff and the defendant. If this is
not presented, follow sec. 71.

What do we mean?

There is already a court order to attach the land to

answer for the liability adjudged in the litigation. So if

the owner lost, and he will not pay, that property will
answer for the judgment.

Is the copy of the owner of the property that is being

attached required?
A: no. but the law will still try to compel the owner to
present his title so that there is no conflict between the
courts certificate and the original which is kept by the
ROD.

So the process is:

1) Send notice to the registered owner
2) If the owner will not go to the ROD to have the
same annotated, the latter will report to the
court
3) The court will order him to surrender the title
4) Even if he does not go to court and defies the
order of the court, the notice of attachment is
still valid and produces the effect of registration

Effects:
It is a real right over the property. The attachment will
have priority in the case of execution or sale. If between
two attachments, the earlier one will prevail. If not
registered, actual knowledge of it is the same.