Sunteți pe pagina 1din 9

Land Title and Deeds Reviewer ● The buyer merely has personal right and not a

Atty. Jack Miranda real right because ownership has not been
● Only when the title of the seller is cancelled,
I. Introduction/Basic Principles that is when the buyer obtains a real right.

1. Definition of Terms POV: Buyer - Deed comes first as it is the basis of the land title
POV: Seller - Land title comes first as it is the basis to issue the deed
Land Title - evidence of the owner’s right or extent of interest, by which he can maintain *intent of the party will always prevail
control, and as a rule, assert right to exclusive possession and enjoyment of property. *also take note the rules on sales / contracts
● How are land titles acquired?
1. Public grant - positive act by the government Land Title - Foundation of ownership of property, lawful cause, cannot be
2. Emancipation patent or grant taken away unless in compliance with law
- Pursuant to the agrarian reform of the government Deed - Basic principles of sales and contracts
3. Reclamation a) Competent parties
- Only the government may engage in reclamation b) Lawful objects
4. Adverse possession / acquisitive prescription c) Valuable consideration
- Must be in continuous and in good faith
- Ordinary: 10 years Certificate of Title - transcript of the decree of registration made by the Register of
- Extraordinary - 30 years Deeds in the registry. It accumulates in one document a precise and correct statement
5. Private grant or voluntary transfer of the exact status of the fee simple title which an owner possesses.
6. Accretion ● Original Certificate of Title - first title issued in the name of the registered
○ Alluvium - the soil imperceptibly and gradually deposited on lands owner by the Register of Deeds covering a parcel of land which had been
adjoining the banks of rivers caused by the current of the water. registered under the Torrens system by virtue of a judicial or administrative
○ Accretion - the process whereby the soil is so deposited. proceeding.
7. Involuntary alienation - eminent domain *this is when made in public record for the first time
8. Descent or devise - succession ● Transfer Certificate of Title - the title issued by the Register of Deeds in favor
of a transferee to whom the ownership of a registered land has been
*there is no land title if there is no conveyance transferred by any legal mode of conveyance (e.g. sale, donation).
*must undergo first the process of land registration
Deed - the instrument in writing, by which any real estate or interest therein is created,
alienated, mortgaged or assigned, or by which title to any real estate may be affected in Additional: Until registration is not yet complete, ownership remains with original
law or equity. owner. It is only upon the cancellation of the OCT when the ownership is transferred.
○ Which comes first, Deed or Title? It depends on whose point of
view. Registration - judicial or administrative proceeding whereby a person’s claim of
■ Deed = personal right. Title = real right. ownership over a particular land is determined and confirmed or recognized so that
■ Until deed is registered, ownership of the property rests such land and the ownership thereof may be recorded in a public registry.
with the seller.


Torrens System - system for registration of land under which, upon the landowner’s
application, the court may, after appropriate proceedings, direct the register of deeds Functions of the LRA Administrator
for the issuance of a certificate of title. ○ Issues Decrees of registration pursuant to final judgments of the
○ Only system we have in our jurisdiction. courts in land registration proceedings and cause the issuance by
the Registers of Deeds of the corresponding certificates of title;
Title - juridical act or a deed which is not sufficient by itself to transfer ownership but ○ Resolves cases elevated en consulta by or on appeal from the
provides only for a juridical justification for the effectuation of a mode to acquire or decision of the Register of Deeds;
transfer ownership. ○ Verify and approve subdivision, consolidation and survey plans of
○ Title is NOT synonymous with ownership. Title is a juridical act or a properties titled under Act 496 and PD 1529 except those covered
deed which is not sufficient by itself to transfer ownership but by PD 957;
provides only for a juridical justification for the effectuation of a ○ Implements all orders, decisions, and decrees promulgated relative
mode to acquire or transfer ownership. It provides the cause for to the registration of lands, and issue, subject to the approval of
the acquisition of ownership. the Secretary of Justice, all needful rules and regulations;
○ Title v. Possession: ○ Acts as Clerk of court in land registration proceedings;
○ Exercises Executive supervision over all clerks of court and
7 Modes of Acquiring Ownership: (OLDTIPS) personnel of the courts with respect to the discharge of their duties
1. Occupation and functions in relation to the registration of lands; and
2. Law ○ Exercises Supervision and control over all Registers of Deeds and
3. Donation other personnel of the Commission.
4. Tradition Notes:
5. Intellectual Creation ● It is ministerial in the sense that they act under the orders of the court and
6. Prescription the decree must be in conformity with the decision of the court and with the
7. Succession data found in the record, as to which they have no discretion on the matter
● If they are in doubt upon any point in relation to the preparation and
2. Land Registration Authority issuances of such decree, it is their duty to refer the matter to court
● The issuance of a decree of registration is part of the judicial function and is
Definition: An agency of the government charged with the execution of laws relative to not compellable by mandamus because it involves the exercise of discretion
the registration of lands and under the executive supervision of DOJ. ● The duty to render reports is not limited to the period before a decision
○ The LRA is at a national level. becomes final, but may extend ever after its finality but not beyond the scope
of one year from the entry of the decree
Functions of the Authority
○ Extend speedy and effective assistance to the Department of XPN to the court order in issuing new title of the LRA:
Agrarian Reform, the Land Bank, and other agencies in the ● If there is doubt
implementation of the land reform program of the government ● If it would result to double titling
○ Extend assistance to courts in ordinary or cadastral land
registration proceedings 3. Register of Deeds
○ Be the central repository of records relative to original registration
of lands titled under the Torrens system, including subdivision and
consolidation plans of titled lands


Definition: a public repository of records or instruments affecting registered or ● Resolution consultas are only binding to all Registers of Deeds and not to
unregistered lands and chattel mortgages in the province or city where such office is other parties and assuming that it is quasi-judicial in nature, it is merely
situated. incidental or minimal to the overall functions of the Administrator
● Register: book containing a list, record, etc.
● Registrar: person whose duty is to keep a register.
II. Registrable and Non-registrable Properties
● Registry: office or place where registers are kept.

Nature of Functions 1. Classification of Lands

GR: The function of the RD with reference to registration of deeds, encumbrances, Public Lands
instruments, and the like is ministerial in nature. a. Agricultural
XPN: Instances registration (when RD may deny) b. Forest or Timber
1. When there are several copies of the title (co‐owner’s title) but is only one is c. Mineral lands
presented with the instrument to be registered. d. National parks (added in 1987 Constitution)
2. When the property is presumed to be conjugal but the instrument of
conveyance bears the signature of only one person. Note:
3. When there is a pending case on court where the character of the land and i. The 1973 Consti had different classes - agricultural, industrial or commercial,
validity of the conveyance are in issue. residential resettlement, mineral, timber or forest and grazing lands
4. When the instrument is not notarized ii. The classification of public lands is an exclusive prerogative of the executive
department and not with the court
Notes: iii. Congress - Fixes the area to be appropriated
● Registration of instruments affecting registered land must be done in the iv. Issuance of a Torrens Title to a land of public dominion DOES NOT change the
proper registry, in order to affect and bind the land and thus, operate as classification of said land
constructive notice to the world v.. Land declared NO LONGER for public use is alienable
● The Registration by the RD is ministerial, BUT mandamus does not lie to vi. Not all idle lands are owned by the government - must be reconciled with IPRA law
compel the RD to register the deed of sale. and the concept of time immemorial
○ Where any party in interest does not agree with the RD, the Ancestral Land v. Ancestral Domain
question shall be submitted to the Commissioner of Land - Ancestral Land: land utilized, occupied, and possessed by the ICCs/IPs
Registration, where decision on the matter shall be binding upon all - Ancestral Domain: all areas generally belonging to ICCs/IPs
● Section 51 provides that no deed, mortgage, lease or voluntary instrument, What can be registered:
except a will—purporting to convey or affect registered land shall take effect 1. Private Lands
as a conveyance or bind the land until its registration 2. Public Alienable - Agricultural Lands
● Thus, if the sale is not registered, it is binding only between the seller and the
buyer but it would not affect third parties Public Dominion v. Patrimonial
- Public Dominion: For public use, public service, and national wealth
4. Consulta - Patrimonial: Held by the government in its private capacity
● One of the functions of the Administrator is to resolve cases elevated en - Non-use or property under public dominion does NOT make it
consulta by, or on appeal from a decision of a Register of Deeds. patrimonial. There must be a pronouncement.


2. Lands capable of being acquired 5. Where the land is owned in common, all the co‐owners shall file the
application jointly. (Sec. 14, PD 1529)
Evidence of Identity of Land:
● Survey plan in general May private corporations hold alienable lands of public domain?
● Tracing cloth plan and blue print copies of plan No. The word “persons” refers to natural persons who are citizens of the Philippines.
● Technical description of land Juridical or artificial persons are excluded. Sec. 3, Art. XII of the 1987 Constitution
● Tax declarations prohibits private corporations or associations from holding alienable lands of the public
domain except by lease.
Non-registrable Properties:
● Lands of public domain (for public use and patrimonial) Pano pag co-owners?
● Forest Lands Since a co‐owner cannot be considered a true owner of a specific portion until division
● Watershed or partition is effected, he cannot file an application for registration of the whole area
● Mangrove Swamp without joining the co‐owners as applicants.
● Mineral Land
● Natural Resources of Ancestral Domain Can an alien acquire a private land in the Philippines?
● National Parks General Rule: An alien cannot acquire private lands.
● Military/Naval Reservation Exception: Acquisition by aliens is allowed when: It is thru hereditary succession.
● Foreshore/reclaimed Land Note: Succession is limited only to intestate succession
● Lakes, rivers, creeks The alien is a former natural‐born citizen of the Philippines, provided he only acquires:
1,000 square meters – urban land; or
What if a certificate of title was issued covering non‐registrable lands without the 1 hectare – rural land
government opposing such, is the government estopped from questioning the same? Note: Said land should be for his residence.
A: The government cannot be estopped from questioning the validity of the certificates ● The reckoning point is the time they ACQUIRED THE PROPERTY, not the date
of title, which were granted without opposition from the government. The principle of of filing of application.
estoppel does not operate against the government for the acts of its agents.

III. Registration
3. Persons who may acquire lands

For Original Registration 1. Governing Laws

1. Those who by themselves or through their predecessors‐in‐interest have been a. Spanish Titles = no longer applies today
in open, continuous, exclusive, and notorious possession and occupation of b. P.D. No. 1529 - Property Registration Decree
alienable and disposable lands of public domain under a bona fide claim of c. Act No. 2259 - Cadastral Act
ownership since June 12,1945 or earlier; d. P.D. No. 27 - Emancipation Decree
2. Those who have acquired ownership of private lands by prescription under e. R.A. No. 6657 - Comprehensive Agrarian Reform Law
provisions of existing laws; f. R.A. No. 8371 - Indigenous People Rights Act
3. Those who have acquired ownership of private lands or abandoned river beds
by right of accession or accretion; or 2. Land Registration
4. Those who have acquired ownership of land by any other manner provided by
law. Registration - entry of instruments or deeds in a book or public registry


● Serves as a notice to the whole world
● Does NOT vest or give title to the land, but merely confirms and thereafter 1. Avoid possible conflicts of title regarding real property; and
protects the title already possessed by the owner. 2. Facilitate transactions relative thereto by giving the public the right to rely on
● Torrens certificate pertaining to the disputed property does not create or vest the face of the Torrens certificate of title and to dispense with the need of
title, but is merely an evidence of an indefeasible and incontrovertible title to inquiring further.
the property in favor of the person whose name appears therein.
● Land registration under the Torrens system was never intended to be a means 7. Certificate of Title
of acquiring ownership.
Certificate of Title - transcript of the decree of registration made by the Register of
3. Purpose of Registration Deeds in the registry. It accumulates in one document a precise and correct statement
of the exact status of the fee simple title which an owner possesses.
a. Issuance of certificate of title to the owner which shall be the best ● Original Certificate of Title - first title issued in the name of the registered
evidence of his ownership of the land owner by the Register of Deeds covering a parcel of land which had been
b. Peace of mind to every registered owner registered under the Torrens system by virtue of a judicial or administrative
c. Quiet title to land and to stop forever question as to legality of said proceeding.
title ● Transfer Certificate of Title - the title issued by the Register of Deeds in favor
d. Relieve land of unknown claims of a transferee to whom the ownership of a registered land has been
e. Instrument used to facilitate future transactions transferred by any legal mode of conveyance (e.g. sale, donation).
f. Guarantee integrity of land titles - protect indefeasibility once
g. Avoid conflict of title Attributes of Certificate of Title
1. Free from liens and encumbrances
4. Mode of Registration a. All prior liens are cut-off by the issuance - all are resolved before a
a. Judicially certificate is issued
i. Voluntary - applicant’s own choice (PD 1529; CA 141) b. Certificate is binding to all, including the government
ii. Involuntary - compulsory registration initiated by the government, c. Lien and encumbreances NOT affected by issuance:
to adjudicate ownership of land and involuntary on the part of the i. Unpaid real estate taxes
claimants, but they are compelled to substantiate their claim or ii. Public highway or irrigational cannal - Right of way must
interest through an answer. (Cadastral Law Registration) be recognized
iii. P.D. No. 27 - Tenant Emancipation
b. Administratively iv. R.A. No. 6657 - Agrarian Reform Law
2. Incontrovertible and Indefeasible
5. Torrens System of Registration - 1 year from issuance of decree
EXCEPT: 1. Previous valid
● It is a system for registration of land under which, upon the landowner’s 2. Land incapable of registration
application, the court may, after appropriate proceedings, direct the register 3. Fraud
of deeds for the issuance of a certificate of title.
● Only land registration system we have today 8. Probative Value of Title

6. Purpose of the Torrens System of Registration


● Torrens title may be received in evidence in all courts of the Philippines and g. Whether the property is conjugal, paraphernal, exclusive.
shall be conclusive as to all matters contained therein, principally as to the h. Names of all occupants of the land, if any.
identity of the land owner except so far as provided in the Land Registration i. Original muniments of title
Act (LRA) j. If land is bounded by a public or private way, whether
● A Torrens certificate is an evidence of indefeasible title of property in favor of the applicant claims any portion of the land within the
the person in whose name appears therein – such holder is entitled to the limits of the road.
possession of the property until his title is nullified. 3. Setting of date for initial hearing by the court
4. Transmittal of application and date of initial hearing together w/ all
9. Registration Proceedings documents or other pieces of evidence attached thereto by clerk of court to
National Land Titles and Deeds Registration Administration
WHERE TO FILE: 5. Publication of notice of filing of application and date and place of hearing
● MeTC, MCTC, and MTC has jurisdiction to decide cadastral and land 6. Service of notice by sheriff upon contiguous owners, occupants and those
registration cases, provided: known to have interest in the property
1. There is no controversy or opposition (uncontested lots); or 7. Filing of Answer or opposition to the application by any person whether
2. Value of contested lots does not exceed P100,000 (Sec. 4, R.A. 7691) named in the notice or not
● In other cases, the RTC has jurisdiction. 8. Hearing of case by court
9. Promulgation of judgment by court
PROCESS: 10. Issuance of a decree by court
1. Survey of land by Bureau of Lands or any duly licensed private surveyor declaring the decision final, and instructing the NALDTRA to issue a decree of
● The survey plan must be duly approved by the Director of Lands, confirmation and registration
together with the claimaint’s muniments of title to prove 11. Entry of decree of registration in NALDTRA
ownership. 12. Sending of copy of the decree of registration to corresponding RD
2. Filing of Application for registration by applicant 13. Transcription of decree of registration in the registration book and issuance of
● Single application may be filed for two or more parcels of land owner’s duplicate original certificate of title (OCT) of applicant by RD, upon
belonging in the same province or city. payment of prescribed fees
● Form and Contents of the Application for Registration:
a. Full description of the land NOTES:
b. Citizenship and civil status of the application. If married, For publication of notice of application and date of official hearing - 3 notices are
name of spouse; and if marriage legally dissolved, when required
and how. 1. Publication of initial hearing
c. Full names and addresses of all occupants of the land a. Official Gazette
and those of the adjoining owners. If now known, state b. Newspaper of general circulation
the extent of the search made to find them. 2. Mailing - Within seven (7) days of publication
d. Assessed value of the land and the buildings and - To all parties interested who are required under the law to be
improvements thereon. notified
e. Whether there are mortgages or encumbrances of any - This includes all government offices that may be concerned
kind affecting the land. (national government, LGU, OSG, or DPWH)
f. The manner by which the applicant has acquired the 3. Posting - 14 days before the initial hearing
land. a. On land concerned


b. Municipal or Town hall of the area where the property is located - Surveyor must take note of all the opposition of owners of adjoining owners
> Compliance with the 3-Notice Rule will somehow give jurisdiction to the court - Surveyor must clearly determine the bounds of the land, including the areas
> Publication in Official Gazette confers jurisdiction but does not dispose of the need to where there is conflict
publish in newspaper of general circulation - Surveyor determines the bounds based on the mahones
> Defective publication = NO jurisdiction - Mahones: Marking of the boundaries of the property
> Compliance to the requirement of notice will be proven by the applicant in the initial : There must be one for every corner of the property
hearing : Must not be easily removed, uprooted or moved.
- Survey must be approved by the Director of Lands
1. Must be in writing Amendments of Application
2. Signed by applicant or person authorized - Allowed upon just and reasonable terms
3. Sworn to before an officer - However, if amendments contain an area not included in what was published,
4. The court is not bound by the contents of the form and may require the applicant must go through the whole process again
additional facts or proof for the application
Registration of Several Properties - Must be registered in each area where the property
Opposition is located
1. Set forth objections
2. State the interest > Denial by the court is not conclusive adjudication - the land may be applied again for
3. State remedy desired registration
4. Signed by the oppositor or representative > Denial by the court will only become final upon the expiration of the mandatory
> Government is not estopped from questioning title even if they failed to oppose reglementary period (15 days)
> The lack of opposition is not a ground to demand the court to grant the registration.
Approval is discretionary
> No opposition - Court will issue a default order and applicant will be ordered to
Decision of the Court Decree of Registration
present evidence

Judicial Process (Summation) Rendered by the court after the Issued pursuant to the order of the
1. Preparation of Application presentment of evidence court after the decision becomes
2. Publication final
3. Opposition
4. Hearing Signed by the judge Bears the name of the judge but
5. Promulgation signed by the LRA administrator
6. Issuance of Decree
7. Entry of decree in LRA
15 days One (1) year after issuance and
Survey of Land
- Before the Survey: Notice must be given to all adjoining owners specifying the
time and date when they need to be present for the survey 10. Decree of Registration
- All the adjoining owners must be present during the actual survey


● This is the basis of the Registry of Deeds in issuing a certificate ● Forged duplicate - VOID TITLE
● Decree cannot be issued until after judgment becomes final. ● If two owners are in good faith, the law prefers the lawful owner - the one
○ A Torrens title issued on the basis of a judgment that is not final is a who registered first
nullity. ● Two Certificate of Title - The earlier issuance prevails
● There is a presumption that a title was regularly issued, unless the contrary is
11. Tax declarations/Tax receipts proven in a hearing
● One can depend on the CoT - However, the buyer is still expected to exercise
● Although tax declarations and realty tax payment of property are not caution - “Let the buyer beware”
conclusive evidence of ownership, nevertheless, they are good indicia of the ● Mere raising of livestock without enclosure does not constitute ownership
possession in the concept of owner for no one in his right mind would be
paying taxes for a property that is not in his actual or constructive possession. CADASTRAL REGISTRATION
● Proceedings are filed by the government through the OSG
12. Double Sale ● Nature: In rem
● Purpose: Government’s way of compelling occupants of unregistered lands to
In double sale of an immovable, the rules of preference are as follows: register it to the torrens system
(a) the first registrant in good faith; ● Objects: Unregistered lands ONLY
(b) should there be no entry, the first in possession in good faith; and ● Benefit: It is for the public’s interest
(c) in the absence thereof, the buyer who presents the oldest title in good faith ● Claimants MUST prove ownership
● Absence of successful claimant, the said land will be declared as a public land
Article 1544 NCC (Hello Illuminado) -> ANG PAGPAPARAMDAM NI JOHNNYBOY! ● Petition is filed with the RTC
1. Ownership shall belong to the person acquiring it who in good faith recorded ● Director of Lands - The one who initiates the cadastral survey
it in the Registry of Property.
2. Should there be no inscription, the ownership shall pertain to the person who PROCEDURE:
in good faith was first in possession; 1. Cadastral Survey
3. and in the absence thereof, to the person who presents the oldest title, 2. Filing of petition
provided there is good faith. 3. Publication of notice of initial hearing
4. Filing of answer
5. Hearing of the case
Additional Notes from 032117 Class 6. Decision
BASIC PRINCIPLES OF TORRENS SYSTEM (This is like a summary na pinasadahan niya 7. Issuance of decree
● Certificate of Title shall not be subject to collateral attack
● Issuance of title is a constructive notice to the whole world Notice (simpler than for ordinary registration):
● It bars all claims not registered on the title 1. Official Gazette
● Certificate of Title - Evidence of indefeasible title on the property to the name 2. Posted in places
indicated on the title 3. Sent to municipal mayor
● Torrens Title - Imprescriptible
● Torrents system NOT against fraudulent acts - VOID TITLE



NATURE Voluntary Involuntary

APPLICANT Owner President through the OSG

PROPERTY Usually private lands, or public agricultural land All concerned landowners

PARTIES Applicant and Opponent

PURPOSE Confirm title and seeks to registration to his name Government asks the court to adjudicate on the

SURVEY INITIATED BY Applicant/Owner Government

EFFECT OF JUDGMENT Dismissed without prejudice - No res judicata Declared public property, if there is no successful
claimant - There is res judicata

Declated to the applicant Declared to various claimants

Judicial Judicial