Systems of Registration

CA 141
ACT 2359
PD 159
RA 8371
ACT 496

Modes of Acquiring Title

Public Grant
Adverse Possession
Accretion
Reclamation
Private Grant/ Voluntary Dealing
Involuntary Alienation
Device or Descent
Emancipation Patent

Test of Torrens title

Description of land is Definite and Clear
Owner has Undisputed Possession Therefore
Appears to be Rightful Owner
Evidence conclude that no other person is prejudiced

Advantages of torrens system (PRIMEA MAKE GF)

Protects encumbrances not noted in torrens certificate
Reduces records
Instantly reveals ownership
Makes fraud impossible
Eliminates repeated exammination of titles
Abolishes endless fees

Makes possible transfer of titles of cert of loans within the compress of hours
Assures
Keeps up system without burden of taxation
Eliminates tax titles

Gives practically eternal title as the state insures perpetually

Furnishes state title insurance
Outline of General Procedure in Ordinary Land Registration
1.) Survey of land by the Bureau of lands/ Duly licensed private surveyer
(Subject to the approval of land management bureau)
2.) Filing of applicator for registration of land in the court- by the applicant
3.) Setting of Date for Initial Hearing of application of court
4.) Transmittal of Notice of filling of the application to the Clerk of Court to
The Land Registration Commision
5.) Publication of Notice of filing of the application and Date and Place of
Hearing,- Once in the official Gazzette and Once in the newspaper of
General circulation in the PHL
6.) Service of Notice upon Contiguous Owners, Occupants, and Known to
have interest in the property by Sheriff
7.) Filing of Answer or Opposition to the application by any person whether
names in notice or not
8.) Hearing of the Case in Court
9.) Promulgation of Judgement of the Court
10.) Issuance of Decree by the Court
Declaring Decision Final,
Instructing National Land Titles and Deeds Registation Administration
to ISSUE DECREE OF CONFIRMATION AND REGISTRATION
11.) Entry of Decree of Registration in the
National Land Titles and Deeds Registration Administration
12.) Sending a copy of the Decree of Registration to corresponding register
of deeds
13.) Transcription of the Decree of Registration in the Registration book
and Issuance of the Owners Duplicate and Original certificate of title
by the Registration of Land Titles and Deeds, UPON payment of
prescribed fees
______________________________________________________________
General Procedure Gallant notes
Setting of Date of Initial Hearing
1) Initiate Hearing
-within 5 days from filing
-Court shall issue date and hour of hearing
-Not earlier than 45 days, not later than 90 days

2.) Duty and Power

- Land Registration Court
- Process which party applicant has NO participation

Transmittal of Application
- Court of Clerk furnish Land Registration
- 2 certified copies of all pleadings
- within 5 days

3 Means notice of initial Hearing

1.) Publication
 -Official Gazzette, Newspaper of general circulation
2.) Mailing
- Within 7 days, every person named
3.) Posting
- LRA posted by sheriff of province
- Conspicious place on each parcel of land
- Bulletin Board of municipal Building
- 14 days before initial hearing

Filing of Answer
- Filed by any person On or Before date of initial hearing
Requisites
1. Must have interest
2. State ground for object
3. Set forth nature of interest, claimed by party filing same
4. Signed and sworn

Failure to answer
-Court upon motion of applicant
Order general default
- Party in default
Losses his right
Cannot Appeal

Hearing of Case
Rules of court are not applicable to land registration and cadastral courts
- exception: applicabble in suppletory character
Speedy Disposition
- Disposed within 90 days
- Court may refer case to referee who shall
Hear parties and their evidence
Submit within 15 days

3 Actions after trial in Registration Case

1.) Renders Judgement
-JUDICIAL
-Adjudication of ownership in favor of one claimant
-Constitute opinion of court

2.) Issuance of Decree

-JUDICIAL
- Decree of finality and for court to LRA
- Declaration is FINAL
- Ordering administrator of LRA to issue decree of registration
3.) Entry
-NOT JUDICIAL
- LRA issues final decree containing technical description
- May not be issued until AFTER finding of court
 - Binds the land and Quiet title thereto

Promulgation of Judgement
- Conflcting claims of ownership

Issuance of Decree
- Finality
- 15 days , may appeal to court as ordinary civil action

Entry of Decree
- Year
- Signed by the Clerk

Sending Copy of Decree

- Immediately upon receipt of decree
- Clerk shall send out copy thereof, under seal of court

Transcription of Decree
-of decree
- by register of deeds

_____________________________________________________________

Application in Ordinary Registration proceeding

1.) Application
2.) publication, opposition and default
3.) Hearing Judgement and Decree of Registration

Application in the CFI for registration - personally and duly authorized

representatives
In Writing
Signed by applicant or Duly authorized in his behalf
Sworn to before any officer authorized to administer oath for province
or city
Application should contain Citizenship, Civil status, with All Muniments
of titles or copies, survey plan of the land approved by Bureau of Land

Characteristic of Torrens Title

1.) Binds the Land to the system Forever
2.) Not subject to Prescription
3.) Not subject to Collateral Attack
______________________________________________________________
METHOD OF VOLUNTARY DEALING W/ RESPECT TO LAND

Sec 51 of PD 1529
Owner may Convey, Mortgage, Lease, Charge and Deal with the same
according to laws
- These shall take effect as Conveyance or Bind Land
Sec 52 of PD 1529
Creates constructive notice

3rd party
-Only charged with those noted on the cert title
-Must be in good faith
-Need not go beyond and ask
-But need to know identity of purchaser

Sec 54
-No new certificate- if not divest land from owners or from someone
-All interest in registered land LESS that estate in fee simple
- File in reg of deeds the instrument creating/
transferring/claiming such interest
- Reg of Deeds- makes memorandum on owners duplicate

-Simple entry on book is NOT sufficient application of registration

- When in doubt - COMMISSIONER ON LAND REGISTRATION

MORTGAGE
Real right constituted to Secure an Obligation upon real property or
rights therein To satisfy with the proceeds of the sale thereof obligations when
the same becomes due and has not been fully paid
Contract by which specific property is hypothecated

Requisites of Mortgage Article 2085 of Civil Code

1.) That it is constituted to Secure the Fullfillment of a Principle
Obligation
2.) That the Mortgagor be the Absolute Owner of the thing mortgaged
3.) That the person Constituting the mortgage has Free Disposal of the
property

Characteristics of Real Mortgage

1.) Realty as Subject Matter
-Real Property or Alienable Rights and Interest
2.) Real Right
- Mortgage Lien as a Real Right
3.) Accessory Obligation
-Existance of principal obligation
4.) Indivisibility
-Shall remain as 1
5.) Inseperability
 Mortgage lien and property are inseperable
6.) Retention of Possession
Mortgagor retains possession of propoert

CHATTEL MORTGAGE
- Conditional Sale of Private Property as Security for payment of debt
- Condition of sale shall be void upon the seller pating to the purchaser
a sum of money, or doing some other act named
-Sale of personalty conveying the title to mortgage
-If terms of redemption are not complied with, it becomes Absolute to
the mortgagee private
-Private Property
-Sale only in form
-Substance: Contract of Security

Difference REAL MORTGAGE CHATTEL MORTGAGE

Kind of Prop Real Property/ Rights Private Property
Constituted by Constituted by Public Constituted by Private
Instrument Document with and
Affidavit of Good Faith
Foreclosure Right to Redemption No right to Redemption
1 year
Recovery of Balance Judicially: No right to Right to recover
recover

TRUST
-Confidence reposed in one person (Trustee) for the benefit of another
(cestui que trust)
- Obligation of a person to whom the legal title to property has been
transferred arising out of a confidence reposed in him to apply the property
faithfully and according to such confidence

POWER OF ATTORNEY
- Enabling one person to dispose of the interest, which is vested in
another
- Authority to do some act in relation to lands or creation of estates
therein, or charges thereon which the owner, granting or resersing such
power might himself lawfully perform

Power of Attorney Trust

Principal and Attorney of Fact Trustor, Trustee, Cestui quest
Discretionary Always Imperative
Acts for the benefit of Trustee acts on for the benefit of the
beneficiary
INVOLUNTARY DEALINGS WITH REGISTERED LAND
-Participation of Owner- NOT NEEDED

ATTACHMENT
Writ issued at the institution or during the progress of an action,
commanding the sheriff or other public officer to attach the property,
rights, credits or effects of the defendants to satisfy the demands of the
plaintiff
3 Kinds of Attachment
1.) Preliminary Attachment
- issued at the institution or during the progress of an action
- Mesne process: Liable to be Dissolved at any time, Judgement ipon
which may or may not affect the property

2.) Garnishment
- Attachment by which the plaintiff seeks to subject his claim, property
of the defendant in the hands of a third party (garnishee) as well as money by
such 3rd party to a defendant
- personal prop

3.) Levy on execution

When lis pendens is Proper

1.) Recovery of Possession
2.) Action to Quiet Titles
3.) Action to Remove Clouds
4.) Action for Partition
5.) Any other proceeding of any kind in court directly affecting or the use or
occupation thereof or the building thereon
- Forcible Entry
- Unlawful Detainer
- Accion Publiciana
- Accion Reinvindicatoria

When lis pendends is NOT proper

1.) Preliminary Attachment
2.) Proceeding for probate of wills
3.) Levies on Execution
4.) Proceeding for the administration of estate of deceased person
5.) Proceedings in which the only object is the recovery of money judgement