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Tomas
Faculty of Civil Law
LAND TITLES AND DEEDS
(PD No. 1529)
Justice Oswaldo D. Agcaoili
COURSE OUTLINE (2)
Syllabus is based on Agcaoili, Property Registration Decree and Related Laws (Land
Titles and Deeds)
Grading components: Class standing (recitations, quizzes and attendance): 25%;
Preliminary exam: 35%; Final exam: 40%.
Cases cited here are partial. Students are encouraged to report new cases relevant to the
subject for class analysis and discussion.
Chapter V
SUBSEQUENT REGISTRATION
I. VOLUNTARY DEALINGS WITH REGISTERED LANDS
GENERAL PROVISIONS
1. Conveyance and other dealings by registered owner (Sec. 51)
Formal requirements
Philippine National Bank v. Court of Appeals and Chu Kim Kit, GR No. 43972,
July 24, 1990
Guaranteed Homes, Inc. v. Valdez, GR No. 171531, Jan. 30, 2009
Requisites of mortgage
Redemption
Consolidation of ownership
Writ of possession
o Issuance of writ ex parte and ministerial
o When not ministerial
5. Cases
Adverse claim not ipso facto cancelled after 30 days; hearing necessary
3. Surrender of certificate in involuntary dealings (Sec. 71)
4. Dissolution of attachments or liens and registration thereof
5. Notice of lis pendens (Sec. 76)
Effect of notice
1.
2.
3.
4.
5.
6.
7.
CHAPTER VIII
REGISTRATION OF PATENTS
1. Public land patents when duly registered are veritable Torrens titles
2. Differences between the Property Registration Decree (PD No. 1529) and the Public
Land Act (CA No. 141, as amended)
3. PENRO or CENRO requirements for a valid certification of alienability
4. Modes of disposition
For homestead settlement
By sale
By lease
By confirmation of imperfect or incomplete titles
5.
6.
7.
8.
9.
o By judicial legalization
o By administrative legalization (free patent)
RA No. 10023, dated March 9, 2010, authorizes issuance of free patent titles to
residential lands
Director of Lands has continuing authority to investigate fraudulent issuance of patents
Only the government may initiate an action for cancellation of title and reversion
Courts have jurisdiction over possessory actions involving public lands
Prohibition against alienation of lands acquired under the homestead and free patent
provisions (Sec. 118, CA No. 141)
Policy behind prohibition
Prohibition starts from date of approval up to fifth year from issuance of patent
Repurchase by applicant or his heirs
10. Cases
Sala v. Court of First Instance of Negros Oriental, GR No. L-47281, April 27,
1990
Arsenal v. Intermediate Appellate Court, GR No. L-66696, July 14, 1986
Rule under Sec. 108, in relation to Sec. 2, PD No. 1529: court may now hear both
contentious and non-contentious cases
No amendment or alteration of decree is permitted except upon order of the court
Court may hear and determine all questions, contentious or not, and only after
notice to all parties in interest
3. Notice and replacement of lost duplicate certificate (Sec. 109)
Petitions or motions shall be filed and entitled in the original case in which the
decree of registration was entered
4. Judicial reconstitution of lost or destroyed original of Torrens title
Governing law for judicial reconstitution of titles: RA No. 26, an action in rem
Reconstitution denotes restoration of the lost title in its original form and
condition
Sources of reconstitution
o For original certificate of tile
o For duplicate certificate of title
o For liens and encumbrances
o Meaning of any other document
Petition for reconstitution shall be filed with the regional trial court of the
province or city where the land lies
Courts cautioned to be careful in granting petitions for reconstitution
5. Administrative reconstitution (RA No. 6732, approved on July 17, 1989. Section 1
amends Section 110 of PD No. 1529)
Requirements
6. Cases
Republic v. Intermediate Appellate Court and Kiram, GR No. 68303, Jan. 15,
1988
Republic v. Catarroja, GR No. 171774, Feb. 12, 2010