Land Titles and Deeds Reviewer
2009
Atty. Palabricas Lectures
HISTORY
Spanish Influence Legal significance to ownership of
the land
Regalian Doctrine all lands are owned by the
State
How lands were owned during the Spanish Era
1. Titulo Real (Royal Title) Land is given to
Spanish people to encourage them to settle
in the Philippines. Among those granted are:
a. Discoverers
b. Settlers
2. Special Grant Grant given by the governor
assigned in the Philippines. No special law
is required to empower governor to grant.
3. Adjustment Title given to a person who has
ownership of land but the land was not defined.
By virtue of such, he acquires ownership of
encroached land.
4. Title of Purchase applicable to lands of public
domain
5. Possessory Information Title title showing
possession of land
Regalian Doctrine Enshrined in the Constitution.
Section 2, Article 12
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All lands of the public domain, waters, minerals,
coal petroleum, and other mineral oils, all forcer of
potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are
owned by the State. With the exception of
agricultural lands, all other natural resources
shall not be alienated. The exploration,
development, and utilization of natural resources
shall be under the full control and supervision of the
state. The state may directly undertake such
activities, or it may enter into co-production, joint
venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at
least 60% of whose capital is owned by such
citizens. Such agreements may be for a period not
exceeding 25 years, renewable for not more than 25
years, and under such terms and conditions as
maybe provided by law
Exceptions to Regalian Doctrine:
1.) Religious and ecclesiastical properties are not
owned by the State. Such are held IN TRUST by
these religious organizations. (Bishop of Cebu
vs Mangaron)
2.) Native title - lands owned by indigenous people
since time Immemorial. RA 8173 or IPRA of
1997. (Cruz vs. DENR)
P.D. 1529 Property Registration Decree codifies all other laws
pertaining to title registration as it supersedes the same. However, all
other laws not inconsistent are still applicable.
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Torrens System
It is Judicial in character and not merely administrative in
nature.
It provides for a system for the registration of titles to lands
whereby the official certificate will always show the state of the title
and the person in whom it is vested.
Real purpose of Torrens system is to quiet title to land and to
stop forever any question as to its legality.
It does not vest title it merely confirms and records
title already existing and vested.
Origin
1. Spanish Mortgage Law of 1893 provided for a
systematic way of Registering titles
2. Act 926 of 1903 otherwise known as First Public Land
Law. Applicable to Public Lands. SUBSTANTIVE.
Among its functions are:
a. Providing for Homesteading
b. Issuance of Patents
c. Completion of imperfect title
d. System of Sales and Lease
e. Rids of Spanish concession
Act 2874 of 1918 Amendatory act of Act 926.
3. Torrens System of 1903 Otherwise known as Land
Registration Act. Copied verbatim the 1898 Torrens
System of Massachusetts by Robert Torrens, a South
Australian Registrar of Deeds. He was said to be
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inspired by the Merchant Shipping Registration,
and applied the same to Land Registration
a. Description:
i. Government issues official certificate
showing ownership of title
ii. Subjects the same to liens
or encumbrances
iii. Indefeasible
iv. Incontrovertible after one year
b. Principles:
i. Best evidence of ownership
ii. Notice for the whole world that the
property belongs to the owner.
iii. Any claim over the land before issuance
of the Torrens title is deemed barred.
iv. Imprescriptible squatters will not
acquire ownership through prescription
Every person registering in good faith and
for value need not go beyond the title.
Person who fraudulently registers the land in his
name is holding the property as a trustee and
aggrieved party has option to recovery.
4. Act 141 of 1936 Amended 1903 Torrens System. More
substantial than procedural
5. Act 496 Land Registration act of 1903.
PROCEDURAL.
In a nutshell: Act 926 provided for the substantive
requirements seen in PD 1529, while Act 496
enumerated the procedures to be undertaken.
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6. Cadastral Act of 1913 Derived from the opinions of the
President. Initiated by the President as instructed by
him.
7. P.D. 1529 The mother load. Otherwise known as
Property Registration Decree.
Sec. 2 Nature
In Rem or Against the whole world through
notice of publication, all interested parties
may oppose.
Courts of First Instance/ RTC has
exclusive jurisdiction
1. Filed in proper C.F.I. subject to
provisions of Judiciary Act of 1980 as
amended by RA 7691
There Could be a delegation
of jurisdiction when:
There is no controversy
The value of Land is
less than P100,000.
Value is determined by
affidavit of claimant or
declared value.
Pursuant to SC Administrative Circular 6-93-A,
of 1995:
O If the case is filed before the effectivity of
the circular, and there has been NO
HEARING yet, the case may be
delegated
O If the hearing has started, the case may be
delegated if the parties agree
The Torrens Title though indefeasible is not a
shield of fraud.
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As between 2 innocent purchasers the one
who caused the wrong shall bear the loss.
O He who registers first is preferred as far as
rd
3 persons are concerned
O As between two certificates of title
pertaining to the same land, the earlier
certificate prevails.
O A forged document may be the root of a
valid title when sold to an innocent
purchaser for value.
O Forgery must show that the name of the
supposed owner was changed to the
name of the forger.
Sec. 3 Spanish Mortgage Law is discontinued, all
lands without Torrens Title are deemed unregistered.
Sec.4-13 Agencies/Offices that control Torrens system.
DOJ LRA R.O.D.
O One Registry of Deeds for
each province
O One Registry of Deeds for each City
MAJOR STEPS IN REGISTERING LAND
I. APPLICATION
Sec 14-22 PD 1529
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:
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(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.
(2) Those who have acquired ownership of private
lands by prescription under the provision of
existing laws.
Pertains to Original registration Involves land
of public domain that are alienable, its purpose
is to perfect the imperfect title held by the
possessor.
Section 14 is a colorable right
June 12 1945 does not pertain to the status
of Alienable and Disposable but rather to
the Bona Fide Ownership.
We have until December 31, 2020 to perfect
imperfect titles. So what are you waiting for?

(3) Those who have acquired ownership of private

lands or abandoned riverbeds by right of
accession or accretion under the existing laws. Applicant Requisites:

(4) Those who have acquired ownership of land 1.) Filipino Citizen
in any other manner provided for by law.
Can a corporation be an applicant for
registration of land? Corporations cannot
Where the land is owned in common, all the co-owners
own lands of Public Domain therefore cannot
shall file the application jointly.
be an applicant for original registration.
O BUT Filipino Corporations can own
Where the land has been sold under pacto de retro, the private lands if land has already been
vendor a retro may file an application for the original registered.
registration of the land, provided, however, that should the If owned previously by a private
period for redemption expire during the pendency of the individual, then sold to a Filipino
registration proceedings and ownership to the property Corporation, the latter may
consolidated in the vendee a retro, the latter shall be become an owner. This is
substituted for the applicant and may continue the because the moment all the
proceedings. requisites or application are
complied with, the owner may
A trustee on behalf of his principal may apply for original be given ad GOVERNMENT
registration of any land held in trust by him, unless prohibited grant. (Republic vs Sineza)
by the instrument creating the trust. In fact the corporation may
continue the application
proceedings when upon the
original registration of the owner

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of the land, such land becomes
a private land.
O BUT Foreign Corporations cannot own
public or private lands, whether
registered or not. (Director of Lands
vs. ACME Mineer and Plywood
Company).
O Foreigners cannot own lands in the
Philippines. (Rivenco vs Registry of
Deeds)
Who may acquire private lands?
1.) Filipino Citizen
2.) Alien through hereditary
succession
3.) Filipino Corporation
4.) Filipino who has lost citizenship
pertains to time when property
was acquired and not during
registration. (Republic vs.
Lipana)
2.) Must have by themselves or through their
predecessors in interest possessed and
occupied alienable and disposable land.
Unclassified Lands cannot be disposed. Only
Agricultural Lands
Only Agricultural Lands may be Alienable.
O Only the President and other
subordinate executive departments
may declare land alienable the Courts
do not have such power.
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If land is not Alienable but occupied for a long
time, it still cannot be registered since the
land was not being occupied through a bona
fide claim.
Occupation of Predecessor-in-interest is
TACKED to the applicant, that it is not important
that the status of Alienable and Disposable
need not be since June 12, 1945. (Republic vs.
Naguit)
3.) Must be open, continuous, exclusive and
notorious under a bona fide ownership since June
12, 1945.
Not casual, nor merely for cultivation.
June 12, 1945, not pertaining to status.
4.) Application must be filed in the proper RTC
Applicable only to untitled
lands O Prescription:
Extraordinary 30 years
Ordinary - 10 years
Sec. 15 - Form
Signed
Writing
Under oath
State the description of the Land
Civil Status
Owners of Adjoining Lots
Sec. 16 Non Resident Applicant
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d. Hearing shall not be held earlier than 45

Apply through Representative days and later than 90 days from the
publication of initial hearing.
Sec. 17 Where to File
Purpose of publication is two-fold
RTC O To confer jurisdiction to the court
O Serve as a notice to all those concerned
Sec. 18 Application for 2 or more parcels of land of such registration

Possible if located in the same place Publication is mandatory and jurisdictional

Sec. 19 Amendments
If amendment is substantial i.e. expanding
boundaries, it is not valid unless published.
Sec. 22 Pending Registration
If application is on going, applicant may deal the
land but must attach the instrument and state
the relief/ prayer. As a result, court may approve
or issue a reconveyance.
2. Mailing
II. PUBLICATION AND NOTICE
Sec. 23 PD 1529
What is being published is the order of the
initial trial, not the application for registration.
Nature of proceeding is in rem
1. Publication
a. Within 5 days upon receipt of application.
b. Court orders the publication
c. Once in Official Gazette and once n Newspaper
of General Circulation
Purpose of publication in Newspaper of
General Circulation to reach audience not
reached by publication in O.G. because of its
limited circulation.
Amendments to application may be done with
or without publication.
O Substantial amendments such as
inclusion of additional land
requires republication.
O Exclusion of land is not substantial.
a. Within 7 days after publication of said notice in
O.G.
b. Commissioner of Land Registration
causes mailing
c. What to Mail Notice of initial hearing
d. Who to mail:
i. Mailing to Persons named in the
application
ii. DPWH, Governor, Mayor if adjoining a
public road
iii. Minister of Agrarian Reform, Sol-Gen,
Director of Lands, DPWH, Director of
Forest Development, Director of Mines,
Director of Fisheries and Aquatic

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Resources If land borders on a body
of water
Mailing is binding despite failure of giving
personal notice since nature of proceeding is in
rem
Default does not automatically relieve the
applicant the burden to prove ownership
over such property.
O He must rely on the strength of his
evidence and not on the weakness of
the oppositor.

3. Posting
a. Within at least 14 days before the date of IV. HEARING
initial hearing. Sec. 27 PD 1529
b. Caused by the Sheriff
c. Posted in a conspicuous place on each parcel A. Involves the presentation of evidence, what to prove?
of land included in the application and on the 1. The court has jurisdiction
bulletin board of municipal building. 2. Applicant is the Owner
3. The identity of the Land
4. Land is alienable and disposable
III. OPPOSITION
Sec. 25 PD 1529 1.) How to prove jurisdictional area?
i. Publication
Any person who has interest in the property 1. Copy of NPGC
or those mentioned in the notice may be an 2. Affidavit of the Editor
oppositor. 3. Copy of OG
A private individual may not represent the 4. Affidavit of OG
government. ii. Mailing
The Solicitor General may represent the 1. Affidavit of LRA
Government in such opposition, but may iii. Posting
delegate such power to prosecutors. 1. Certification of the
Sheriff
There are two types of default
2.) How to prove ownership?
O General no opposition was filed i. Imperfect title pursuant to Sec.
by anyone 14
O Special an opposition was filed by an
aggrieved party, hence all others who do 3.) How to prove Land Identity?
not file their respective oppositions are i. Survey and Description by
declared in Special default. Bureau of Land Management

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4.) How to prove that Land is alienable

and disposable?
i. Declared by the President, or NON-REGISTRABLE LANDS
through executive department.
1. Presidential
May not be registered regardless of number
Proclamation
of years of occupation
2. Executive orders
These are lands devoted to public service or use
3. Circulars
regardless whether it is abandoned. (Laurel vs.
V. JUDGMENT Garcia)
Sec. 28 PD 1529 Only the president has the power to Declassify

A. Two Types of Judgment Public Property May be disposed of by government,

1.) Partial a portion is being contested i.e. the Land i.e. land of public domain which may be subject to
Management approves subdivision plan. (Sec. 25 alienation Government Property Cannot be subject to
PD 1529) sale, distribution.
2.) Conditional subject to a condition, as in required to
submit documents from time to time. Only public lands may be subject to cadastral
proceedings
Clerk of Court delivers decision to LRA
Public Property includes
VI. ISSUANCE OF DECREE OF REGISTRATION 1. Foreshore Lands
Sec. 31 PD 1529 2. Forest Lands
3. Watershed
A. The Court after hearing, directs the LRA to issue the 4. Mangrove forest
decree of Registration 5. Mangrove Swamps
B. The LRA issues decree of registration bearing 6. Military and naval reserves
the date, hour and minute of its entry. And SIGNED by the
commissioner. The determining factor is whether it is more valuable to
preserve the land or develop.
VII. ISSUANCE OF CETRIFICATE OF TITLE
Reclamation only National Government may reclaim.
There are 2 certificates issued by the LRA Reclaimed lands cannot be subject to private ownership
1. Original Judicial Registration forwarded to except through CONGRESSIONAL law, and even so, only
the Registry of Deeds for the purpose of private citizens may avail.
recording liens.
2. Owners Certificate of Title

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3. Through fraud
REMEDIES 4. Petition is within one year from issuance of
the decree.
5. The property has not yet passed to an innocent
purchaser for

A. Who?
Any person including the government deprived of
their land may file petition for review. He does not need to be
an oppositor from the get-go.

B. When?
He must file the petition not later than 1 year from
the date of entry of decree of registration. This decree
pertains to that mentioned in Sec. 31 PD 1529. Fraud
1.) New Trial may be availed of before decision becomes final. must be Actual or Extrinsic fraud.
Decision becomes final after 15 days without appeal. Its purpose is
to set aside judgment. Extrinsic Fraud- any fraudulent act of the successful
The grounds for new trial are: party in a litigation which is committed outside the trial of a
a. Fraud, accident, mistake or case against the defeated party whereby said defeated party
excusable negligence. is prevented from presenting fully and fairly his side the
b. Newly discovered evidence which case.
would alter the result of the trial
c. Awards of excessive damages Intrinsic Fraud acts of a party in a litigation
during the trial such as forged instruments, or perjured
2.) Appeal must be initiated within 15 days after judgment testimony which did not affect the presentation of the case
but did prevent a fair and just determination of the case.
3.) Petition for Relief When decision is final, petition for relief may
be availed of within 60 days, not more than 6 months from 5.) Action for Reconveyance may be filed when a person is
knowledge. holding the property in trust in order to reconvey the land. In order to
transfer title to true owner. It does not however change the decree
4.) Petition for Review May be filed by parties deprived of issued as it respects the incontrovertibility of he title. May be availed
their land by adjudication of title obtained by ACTUAL fraud. of even after the lapse of one year.

Requisites:
1. Petitioner has a real and dominical right 6.) Damages May be instituted when after the lapse of one year,
2. He has been deprived thereof the property is sold to an innocent purchaser for value. Aggrieved

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party may file an action for damages against the immediate party
causing the sale.
Innocent Purchaser for value one who has no notice
that some other person owns the land/property or any defect as to
the right of the person owning the property.
Reckoning time time when the transaction was
made. Hence if such defect comes into knowledge,
the buyer has the obligation to go beyond the title,
otherwise he will be in bad faith.
In case of Double sale the rules are:
O The one who registers first in good
faith is the rightful owner;
O The one who first possessed the
property in good faith is the
rightful owner;
O The one who presents the oldest title
is the rightful owner.
7.) Reversion An action filed by the government in the event when
part of the land awarded is actually non-registrable.
8.) Cancellation of Title An action filed when part of the property
awarded is property of other persons.
9.) Action for annulment of judgment or final order Grounded
on Extrinsic Fraud.
If remedy is used in previous actions, it shall
not be availed of anymore.
10.) Criminal Action in the event of perjury
CADASTRAL PROCEEDINGS
PURPOSE:
Another means to bring lands under operation of Torrens
System
Ordinary registration is slow for lack of initiative on part of
landowners, innovation was conceived to hasten and
accelerate registration
Government initiates that all lands within a stated region are
up for registration whether or not owners are interested to
settle their titles
NATURE OF PROCEEDINGS:
In rem
No defendant & no plaintiff
Compulsory
PROCEDURE:
1. CADASTRAL SURVEY
Conducted by the Director of Lands
2. FILING OF PETITION
After survey and plot been made, Director represented
by Sol Gen institutes cadastral proceeding by filing
petition in court against holders, claimants, possessors,
occupants
Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x
in newspaper of general circulation & copy mailed to
person whose address is known & other copies posted
in conspicuous place designated bylaw
4. FILING OF ANSWER
Any person claiming interest in any part of lands subject
to petition is required to file answer
5. HEARING OF CASE

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In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they
could prove title
If none could prove title land is declared public domain
6. DECISION
Claimants are notified of decision
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
CERTIFICATE OF TITLE
Sec. 44 Statutory Liens affecting title holder shall hold the title free
from all encumbrances except those noted on said certificate and
any of the following encumbrances which may be subsisting namely:
1. Those arising under the laws and Constitution which are
not require to appear of record in order to be valid
2. Unpaid real estate taxes levied and assessed within 2
years immediately proceeding the acquisition of any right
over the land by innocent purchaser for value without
prejudice to right of government to collect taxes payable
from that period
3. Public highway or private way established before the
registration
4. Any disposition of the property or limitation on the use
pursuant to Agrarian Reform
Sec. 46 General Incidents of Registered Land
Does not relieve registered land from any burdens.
Sec 47 Registered land not subject to prescriptions
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Sec. 48 Direct vs. Collateral Attack
Direct filing an action to annul the judgment
Collateral Praying for a relief other than
annulment, questioning the validity is incidental
Sec. 49 Splitting of Title Administrative Proceeding, no need for
hearing
Purpose to provide for separate certificates of title to
several distinct parcels of land covered by only one
Certificate of Title
Steps:
1. Submit a written request to the Register of Deeds
2. Surrender Owners duplicate certificate
3. ROD will cancel Owners duplicate certificate
and Original Certificate
4. ROD will issue several certificates of title
Sec. 50 Subdivision and Consolidation Same as Splitting
Subdivision plan may become a judicial proceeding only
when 2 people do not agree to divide the land
SUBSEQUENT REGISTRATION
Voluntary Upon the parties choice
Involuntary Even against the will of the party
Is a contract of Sale executed abroad valid in the
Philippines? Yes, but it has to be authenticated first by the
Ambassador by putting a seal and signing the instrument
When is it deemed registered?
1. Submission of Deed of Sale
2. Sale has been entered
3. OCT surrendered
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4. Payment of filing fees 2. To have a new title therefore, the title to the
Actual issuance of Certificate is not the date of registration, portion of the land conveyed
it retroacts to the date it is entered in the day books
Sec. 59 Conveyance is a Lien, it subsists and carried over to the new
title.
Sec. 56 Primary Book Records of all instruments including writs
and processes pertaining to Registered Land.
Sec. 60 MORTGAGE

VOLUNTARY DEALINGS Mortgage is not equivalent to Ownership, it is possession

less than ownership, hence there is no need of a new title. What
Sec. 57 CONVEYANCE is required is an annotation.

How to Register: Mortgage is a security, a contract to guarantee fulfillment of

a principal obligation.
Secure and Submit
1. Deed of Conveyance
a. Need not be notarized, deed is a private contract
between the vendor and vendee
b. Notarization is a requirement only to bind third
persons
2. Owners Duplicate Certificate
Requisites:
After registration, the Register of Deeds will issue new certificates 1. It is to guarantee fulfillment of a principal obligation
1. Original Certificate of Title 2. Mortgagor is the Absolute Owner
2. Owners Duplicate Certificate of Title Third persons may mortgage in favor
of a debtor if the former are not part of
Sec. 58 If only a portion of Land is to be conveyed the principal obligation
3. Mortgagor has free disposal of the property
Seller must make a Survey Plan:
1. Stating the technical description of the Land Characteristics:
to be conveyed
2. Approved by the Land Management Bureau 1. Constituted on a Real Property
3. Submit to the Register of Deeds 2. Real Contract
3. Indivisible
The owner has two Options 4. Inseparable
1. To have 2 separate Titles; or

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5. Limitation on Ownership 3. When upon or after the expiration of the rights to

6. Accessory Contract repurchase, another instrument extending the period of
the redemption or granting a new period is executed;
4. When the purchases retains for himself a part of
Indivisibility the purchase price;
5. When the vendor binds himself to pay the taxes on
the thing sold;
6. In any other case where it may be fairly inferred that the
real intention of the parties is that the transaction shall
secure the payment of a debt or the performance of any
other obligation.
If A mortgaged his part of the land in favor of a Mortgagee, is
SC: Equitable Mortgage is not a mortgage in form, but is
Bs portion affected? Yes. Due to the characteristic of Indivisibility.
still a mortgage regardless of the name of the agreement.

Antichresis possession of land transferred to someone but

Inseparability
in favor of another person.
A Mortgage Lien is inseparable from property. Thus, if a
property is mortgaged and henceforth mortgaged again, the Lien on Chattel vs. Real Estate Mortgage
the property still subsists.
Differences
Accessory
1. Chattel A mortgage on a Movable Property
If there is no principal contract, such in the case of a contract
2. Real Estate On an Immovable
of Loan, there is no Accessory contract as in the case of the 3. Redemption No redemption on Chattel Mortgage,
mortgage conract. Redemption possible in Real Estate
4. In Real Estate Mortgage, in terms of deficiency, balance
may be collected
The Mortgagor retains the possession because ownership is
not mortgaged, it does not transfer ownership or possession.
FORECLOSURE
Equitable Mortgage
1. When the price of the sale is unusually inadequate; Sec. 63
2. When the vendor remains in possession as lessee
or otherwise; Judicial - General Rule is that there is no RIGHT of Redemption
Extra Judicial RIGHT of Redemption is available

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There is no need to cancel the title and 3. Hearing

mortgagee may even register without
the consent of the mortgagor.
May and alien be a mortgagee? Yes
and may even foreclose, but they
cannot own, hence they cannot be a
bidder in an auction sale.
How to Discharge Mortgage
1. Get a Release order or a
document pertaining to such
discharge from the mortgagee
2. The Register of Deeds will
cancel the annotation
Judicial - Governed by Sec. 68 of the
Rules of Court
Extra-judicial Governed by Sec.
63 of 1529
When the debtor fails to comply with the principal obligation,
the remedies are:
1. Foreclose the Mortgage
2. Seek for deficiency judgment
Creditor may only choose 1 remedy,
not both
Separate civil action waives
potential right afterwards
a. Determine the amount of the loan that is due
4. Judgment
5. Auction Sale
6. Certificate of Sale issued by the Sheriff
7. Hearing for confirmation of Certificate issued by
the Sheriff
8. Order confirming the sale
9. Redemption if available
Generally none in Judicial
Foreclosure, exceptions:
1. Banking Institutions
2. DBP
3. Rural Banks
4. Banking and
Financial Insitutions
If the following are mortgaged
individually, property cannot be
redeemed except through EQUITY
redemption.
Equity Redemption, made within 1 year from
the confirmation of the Sale

JUDICIAL FORECLOSURE

Steps:

1. File a complaint in the RTC where the land is situated If the property is redeemed, the
a. All who has interest on the land are included ownership retroacts to the date of
as party the actual sale
2. Filing of an Answer by those who have interest on the
land

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If the property is not redeemed upon
the expiration of the period,
mortgagee may execute the absolute
deed of sale
Upon Execution:
1. The deed shall be registered;
2. Certificate of Title shall be
cancelled;
3. New Certificate of Title is issued
EXTRA-JUDICIAL FORECOLOSURE
Allowed only if stipulated by the parties and expressly
provided by law.
Steps:
1. File for foreclosure of mortgage with RTC where the land
is situated through the Clerk of Court acting as the ex-
officio Sheriff.
2. Clerk of Court dockets and returns to examine the
application for Extra-Judicial foreclosure, after receiving
the Filing Fee
3. Publication of Notice of Auction Sale in 3 conspicuous
places
4. Raffle, the Sheriff the conducts the auction sale
5. Actual Auction sale
a. If the sale did not push through, there is a need
for republication of the notice
b. The Sheriff records the bidding
c. The Sheriff issues the certificate of Sale o the
highest Bidder
6. Mortgagee executes the deed of Sale.
The deed of sale is NOT absolute
because there is still a right of
redemption
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There is a RIGHT of Redemption, within 1 year from the time
the certificate of Sale is registered. Reference must be made to the
stipulation inserted in a mortgage authorizing the sale in case of
default. Reason behind this is the Special Power of Attorney
authorizing the sale in case of default.
When is there default?
When the obligation becomes due, in spite of the
demand made by the creditor the debtor fails to comply.
If the only stipulation in the S.P.A. is to
mortgage, does it include the authority
to sell? Yes, authority is implied
Mortgagee executes the Deed of Sale
Sheriff conducts the auction Sale
st
Senior Mortgagee (1 ) has a better
right than the Junior mortgagee (2nd)
When property is foreclosed, the
Junior Mortgagee has a right to
REDEEM, NOT to RETAIN
Section 64. Special Power of Attorney
SPA Authoriing a person to do a particular act, more
specifically in dealings with Real Estate.
The SPA in order to take effect must
be annotated to the title and
Registered, otherwise it cannot be
used.
INVOLUNTARY DEALINGS
Involves Involuntary Documents
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Land Titles and Deeds Reviewer
Cooperation of the owner is nor
necessary, and may even be done
against his will
1. Attachment
2. Lis Pendens
3. Adverse Claim
A. Preliminary attachment - Attachment initiated at the time
of filing the case. (Sec. 69)
Grounds:
1. Debtor is Insolvent
2. Debtor Absconds
Attachment must be registered to
have a preferential right over other
creditors
In the event that a favorable
decision is rendered, the debt is paid
from the property attached
Steps:
1. Secure order of attachment with
description of property from the
Register of Deeds
2. Notice that the property is
Attached
3. Leave order with the Occupant
B. Levy to go after the property for payment of debt
C. Garnishment attachment of money in possession of
3rd party, refers to money deposited in the bank.
Involuntary dealings are deemed
registered upon entry in the Day Book.
(DBP vs. ROD of Nueva Ecija)
Party-duh
2009
Although they are not registered,
knowledge after the levy is
equivalent to registration
Although the knowledge came after
the Levy, purchaser may still be
considered innocent purchaser for
value since, at the time of the sale, he
was still in good faith.
Not all property are subject to Levy
or Attachment, it is in this light that
although the ROD s duty is
ministerial, ROD may refuse to
register if it cannot be levied.
Examples:
1. CA 459
2. Family Home exempt
from Execution
Preferential Right Determine the
date of Registration of Attachment as
it retroacts to the date of attachment
of lien. It must be referred back to the
date of registration of attachment.
Purpose of registration is to determine
who has a better right.
Adverse Claim
Purpose:
To apprise a third person of such
claim
Protect Interests of the adverse
complainant
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Land Titles and Deeds Reviewer
Characteristics:
Claim must be adverse to registered
land
Claim should arise subsequent to
the original registration
Claim is last resort, as it cannot be
registered in any other provision ex:
1. The Deed of Sale cannot be
registered as an adverse claim,
there is no other way to protect
your interest.
The lifespan of and adverse claim is
30 days, after which, it is not
automatically cancelled
Registered land, despite a notice of
adverse claim cannot be subject to
acquisitive prescription
Lis Pendens Pending Suit
If case is directly related to property, it
will affect the property
If the case is directly affecting the
land, it must be registered as Lis
Pendens.
Example:
1. Action for Declaring the Nullity
of Marriage
a. Lis Pendens is
necessary because the
property is directly
affected, the dissolution
of marriage will affect
the property rights of
the spouses
Party-duh
2009
Action of Sum of Money no
requirement of Lis Pendens
Sum of money with Prayer for
Attachment
a. Based on the opinion of
Consulta, there should
be no Lis pendens since
attachment is merely
incidental.
PATENT
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF
LAW:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds mandatory: operative act to
convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership
vests to the grantee
Any further grant by Government on same land is null &
void Upon registration, title is indefeasible
Terms:
Emporium power to govern subjects by the government
Dominium Power to use, dispose of natural resources, lands,
by the state
Public Domain Unappropriated, not owned
Public Land Disposable or Alienable Ancestral
Domain belongs to the indigenous
Delos Angeles vs. Santos - If public Land is granted to a private
person, the patent is null and void.
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Land Titles and Deeds Reviewer
Both Public Land Act and Torrens
system are not binding unless
registered.
The proceeding in Homestead
patents is administrative in nature.
This, notwithstanding, the
requirement to undergo the Torrens
system still persists.
PD 1529 applies when the subject
matter is aprivate land by virtue of an
imperfect title. (Sec. 14)
Title issued pursuant to registration of
patent is indefeasible when registered,
at it is deemed incorporated with
Torrens system; 1 year after issuance
of patent
HOMESTEAD PATENT
Aims:
Benevolent intention of government to
distribute disposable agricultural land to
destitute citizens for their home and
cultivation
As a matter of public policy, may be
repurchased even if after 5 years
provided not for profit
Right of repurchase not allowed if sold
within family & not for cultivating or
living but for speculation purpose
Procedure:
Party-duh
2009
1. File a case with the Land Management Bureau
2. Upon approval, applicant will be authorized to
take possession
3. Within 6 months after approval, 1/5 of the land should be
cultivated.
4. Notice of intention of the applicant must be submitted,
and also the submission of Final proof of Possession of
1 year.
5. Survey shall be conducted
6. Patent shall be sent after payment of the fees
RESTRICTIONS:
Sec. 118 of Public Land Act
O Land cannot be alienated or conveyed within
5 years after the approval of the application
for patent. (Mandatory)
O There shall be no valid conveyance within 5
to 20 years from approval, if the conveyance
is made without the approval of the secretary
of DENR. (Directory)
EXCEPTIONS:
1. Those conveyed under the Rural Bank Laws
2. Those conveyed in favor of the Government
RIGHT OF REPURCHASE
The Land belongs to the Patentee, if the same dies, it
shall be transferred to his heirs.
Right of Repurchase may be availed of within 5 years
from the execution of the deed of conveyance
Mortgage:
O If it is extra-judicial foreclosure, Redeem within 1
year from approval of the sale
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Land Titles and Deeds Reviewer
2009

O If it is judicial foreclosure, Redeem within 1 year RA 6657 or the Comprehensive Agrarian Reform Law was enacted
from confirmation of the sale. amending P.D. 27
O Hence under the Patent Law, the right of
redemption sums up to 6 years. Covers lands regardless of kinds of crops
Redemption of Land owner
CONSULTA O Retention shall be 5 hectares
O Plus 3 hectares for each child, provided:
A form of administrative Appeal The child is more than 15 years old
Pertains to removal of submitted documents The child must have actually tilled
Happens when ROD is not sure what to do with the or managed the land
issue The option to choose or retain or determine which land
Remedy is to raise the issue to LRA for referral as to the to occupy belongs to the land owner, which shall be
proper measure to be taken exercised within 6 months from the grant otherwise,
Pursuant to Sec 17, if ROD denies the application, he BARO determines
must put in writing. And within 5 days may appeal to If the landowner shall take the land and the land
Consulta. is tenanted, the options of the tenant are:
1. The right to Remain and establish a leasehold
Agreement, as a result losing his right as
AGRARIAN REFORM LAW beneficiary.
2. Disregard the action hence becoming a
beneficiary
P.D. 27 Agrarian Reform Law
Covers all lands planted with Rice and Corn
If land owner had already acquired 7 hectares from PD
27, will it diminish the right to get the 5 hectares from RA
Emancipation Patent 6657? No, the law expressly so provides. Hence the law
recognizes that the land holdings of a homesteader may
O Gives retention area for land owners which shall
amount to 12 hectares.
be 7 hectares.
Once a person has complied with the requirements,
O Transfers ownership to tenants, provided they
he will be issued a CLOA or a Certificate of Land
pay:
For the first 3 year-average of Ownership award.
O CLOA is equivalent to Emancipation Patent,
harvest, modify by 2.5
which must be registered in the ROD. After
Ensure that the landowner will not be
which, a TCT will be issued.
deprived of compensation
O Such process puts the land under the Torrens
system because of the issuance of the certificate
Sec. 104 Emancipation Patent
of title. Consequently, holder may enjoy the
privileges granted by the Torrens title.

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Land Titles and Deeds Reviewer
2009

CERTIFICATE OF TITLE
Sec. 109-110

Certificate of Title
An evidence of ownership

Sec. 109 Owners Certificate of Title

Importance of keeping the certificate of title
O A forger may validly convey the property under
the following circumstances:
The transfer was made in the name
of the forger
It was conveyed to an Innocent
Purchaser for value

Lost title, procedure for recovery:

1. Inform ROD of the loss/theft
2. File a petition for replacement of certificate,
similar to the procedure in applying
Original Certificate of Title, with the
allegation of the loss/theft.
3. Verified under oath
4. Notice and Hearing to ROD and other
interested parties
5. The court may direct issuance of a new
duplicate certificate of title, wherein no
publication is required.

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