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Land Titles and Deeds Reviewer

2009

Atty. Palabrica’s Lectures “All lands of the public domain, waters, minerals,
coal petroleum, and other mineral oils, all forcer of
HISTORY potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are
owned by the State. With the exception of
Spanish Influence – Legal significance to ownership of the
agricultural lands, all other natural resources
land
shall not be alienated. The exploration,
• Regalian Doctrine – all lands are owned by the
development, and utilization of natural resources
State
shall be under the full control and supervision of the
state. The state may directly undertake such
How lands were owned during the Spanish Era
activities, or it may enter into co-production, joint
1. Titulo Real (Royal Title) – Land is given to venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at
Spanish people to encourage them to settle in
least 60% of whose capital is owned by such
the Philippines. Among those granted are:
citizens. Such agreements may be for a period not
a. Discoverers
exceeding 25 years, renewable for not more than 25
b. Settlers
years, and under such terms and conditions as
maybe provided by law…”
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


Exceptions to Regalian Doctrine:
ownership of land but the land was not defined.
1.) Religious and ecclesiastical properties are not
By virtue of such, he acquires ownership of
owned by the State. Such are held IN TRUST by
encroached land.
these religious organizations. (Bishop of Cebu
vs Mangaron)
4. Title of Purchase – applicable to lands of public
2.) Native title - lands owned by indigenous people
domain
since time Immemorial. RA 8173 or IPRA of
1997. (Cruz vs. DENR)
5. Possessory Information Title – title showing
possession of land
P.D. 1529 Property Registration Decree – codifies all other laws
pertaining to title registration as it supersedes the same. However, all
Regalian Doctrine – Enshrined in the Constitution.
other laws not inconsistent are still applicable.
Section 2, Article 12

Party-duh
Land Titles and Deeds Reviewer
2009

Torrens System inspired by the Merchant Shipping Registration, and


applied the same to Land Registration
It is Judicial in character and not merely administrative in
nature. a. Description:
i. Government issues official certificate
It provides for a system for the registration of titles to lands showing ownership of title
whereby the official certificate will always show the state of the title ii. Subjects the same to liens or
and the person in whom it is vested. encumbrances
iii. Indefeasible
Real purpose of Torrens system is to quiet title to land and to iv. Incontrovertible after one year
stop forever any question as to its legality.
b. Principles:
It does not vest title it merely confirms and records title i. Best evidence of ownership
already existing and vested. ii. Notice for the whole world that the
property belongs to the owner.
Origin iii. Any claim over the land before issuance
of the Torrens title is deemed barred.
1. Spanish Mortgage Law of 1893 – provided for a iv. Imprescriptible – squatters will not
systematic way of Registering titles acquire ownership through prescription

2. Act 926 of 1903 – otherwise known as First Public Land • Every person registering in good faith and for
Law. Applicable to Public Lands. SUBSTANTIVE. value need not go beyond the title.
Among its functions are: • Person who fraudulently registers the land in his
name is holding the property as a trustee and
a. Providing for Homesteading aggrieved party has option to recovery.
b. Issuance of Patents
c. Completion of imperfect title
d. System of Sales and Lease 4. Act 141 of 1936 – Amended 1903 Torrens System. More
e. Rids of Spanish concession substantial than procedural


Act 2874 of 1918 – Amendatory act of Act 926. 5. Act 496 – Land Registration act of 1903.
PROCEDURAL.
3. Torrens System of 1903 – Otherwise known as Land
Registration Act. Copied verbatim the 1898 Torrens In a nutshell: Act 926 provided for the substantive
System of Massachusetts by Robert Torrens, a South requirements seen in PD 1529, while Act 496
Australian Registrar of Deeds. He was said to be enumerated the procedures to be undertaken.

Party-duh
Land Titles and Deeds Reviewer
2009

• As between 2 innocent purchasers – the one


6. Cadastral Act of 1913 – Derived from the opinions of the who caused the wrong shall bear the loss.
President. Initiated by the President as instructed by o He who registers first is preferred as far
rd
him. as 3 persons are concerned
o As between two certificates of title
7. P.D. 1529 – The mother load. Otherwise known as pertaining to the same land, the earlier
Property Registration Decree. certificate prevails.
o A forged document may be the root of a
Sec. 2 Nature valid title when sold to an innocent
• In Rem or Against the whole world – through purchaser for value.
notice of publication, all interested parties may o Forgery must show that the name of the
oppose. supposed owner was changed to the
• Courts of First Instance/ RTC has exclusive name of the forger.
jurisdiction
1. Filed in proper C.F.I. – subject to
provisions of Judiciary Act of 1980 as Sec. 3 – Spanish Mortgage Law is discontinued, all
amended by RA 7691 lands without Torrens Title are deemed unregistered.
 There Could be a delegation of
jurisdiction when: Sec.4-13 – Agencies/Offices that control Torrens system.
• There is no controversy
• The value of Land is • DOJ – LRA – R.O.D.
less than P100,000. o One Registry of Deeds for each
Value is determined by province
affidavit of claimant or o One Registry of Deeds for each City
declared value.
• Pursuant to SC Administrative Circular 6-93-A,
of 1995: MAJOR STEPS IN REGISTERING LAND
o If the case is filed before the effectivity
of the circular, and there has been NO I. APPLICATION
HEARING yet, the case may be Sec 14-22 PD 1529
delegated
o If the hearing has started, the case may
Section 14. Who may apply. The following persons may file
be delegated if the parties agree
in the proper Court of First Instance an application for
registration of title to land, whether personally or through
• The Torrens Title though indefeasible is not a their duly authorized representatives:
shield of fraud.

Party-duh
Land Titles and Deeds Reviewer
2009

(1) Those who by themselves or through their • Pertains to Original registration – Involves land
predecessors-in-interest have been in open, of public domain that are alienable, its purpose
continuous, exclusive and notorious possession and is to perfect the imperfect title held by the
occupation of alienable and disposable lands of the possessor.
public domain under a bona fide claim of ownership • Section 14 is a colorable right
since June 12, 1945, or earlier. • June 12 1945 does not pertain to the status of
“Alienable and Disposable” but rather to the
(2) Those who have acquired ownership of private Bona Fide Ownership.
lands by prescription under the provision of existing • We have until December 31, 2020 to perfect
laws. 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:

1.) Filipino Citizen


(4) Those who have acquired ownership of land in
any other manner provided for by law.
• Can a corporation be an applicant for
registration of land? – Corporations cannot own
Where the land is owned in common, all the co-owners shall
lands of Public Domain therefore cannot be an
file the application jointly.
applicant for srcinal 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 srcinal 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 srcinal 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
srcinal registration of the owner

Party-duh
Land Titles and Deeds Reviewer
2009

of the land, such land becomes • If land is not Alienable but occupied for a long
a private land. time, it still cannot be registered since the land
o BUT Foreign Corporations cannot own was not being occupied through a bona fide
public or private lands, whether claim.
registered or not. (Director of Lands
vs. ACME Mineer and Plywood • Occupation of Predecessor-in-interest is
Company). TACKED to the applicant, that it is not important
o Foreigners cannot own lands in the that the status of “Alienable and Disposable”
Philippines. (Rivenco vs Registry of need not be since June 12, 1945. (Republic vs.
Deeds) Naguit)

• Who may acquire private lands? 3.) Must be open, continuous, exclusive and
notorious under a bona fide ownership since June 12,
1.) Filipino Citizen 1945.
2.) Alien through hereditary
succession • Not casual, nor merely for cultivation.
3.) Filipino Corporation • June 12, 1945, not pertaining to status.
4.) Filipino who has lost citizenship
– pertains to time when property 4.) Application must be filed in the proper RTC
was acquired and not during
registration. (Republic vs. • Applicable only to untitled lands
Lipana) o Prescription:
 Extraordinary – 30 years
2.) Must have by themselves or through their  Ordinary - 10 years
predecessors in interest possessed and occupied
alienable and disposable land. Sec. 15 - Form

• Unclassified Lands cannot be disposed. Only • Signed


Agricultural Lands • Writing

Only Agricultural Lands may be Alienable. • Under oath
o Only the President and other • State the description of the Land
subordinate executive departments may
• Civil Status
declare land alienable – the Courts do
• Owners of Adjoining Lots
not have such power.
Sec. 16 – Non –Resident Applicant

Party-duh
Land Titles and Deeds Reviewer
2009

d. Hearing shall not be held earlier than 45 days


• Apply through Representative 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


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

Party-duh
Land Titles and Deeds Reviewer
2009

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

3. Posting
a. Within at least 14 days before the date of initial IV. HEARING
hearing. Sec. 27 PD 1529
b. Caused by the Sheriff
c. Posted in a conspicuous place on each parcel of A. Involves the presentation of evidence, what to prove?
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 or 1. Copy of NPGC
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 by i. Imperfect title pursuant to Sec.
anyone 14
o Special – an opposition was filed by an
aggrieved party, hence all others who 3.) How to prove Land Identity?
do not file their respective oppositions i. Survey and Description by
are declared in Special default. Bureau of Land Management

Party-duh
Land Titles and Deeds Reviewer
2009

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 of
Proclamation
years of occupation
2. Executive orders
• These are lands devoted to public service or use
3. Circulars
regardless whether it is abandoned. (Laurel vs.
Garcia)
V. JUDGMENT
• Only the president has the power to Declassify
Sec. 28 PD 1529
Public Property – May be disposed of by government, i.e.
A. Two Types of Judgment
land of public domain which may be subject to alienation
1.) Partial – a portion is being contested i.e. the Land
Government Property – Cannot be subject to sale,
Management approves subdivision plan. (Sec. 25
distribution.
PD 1529)
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
1. Foreshore Lands
VI. ISSUANCE OF DECREE OF REGISTRATION
2. Forest Lands
Sec. 31 PD 1529
3. Watershed
4. Mangrove forest
A. The Court after hearing, directs the LRA to issue the
5. Mangrove Swamps
decree of Registration
6. Military and naval reserves
B. The LRA issues decree of registration bearing the
date, hour and minute of its entry. And SIGNED by the
The determining factor is whether it is more valuable to
commissioner.
preserve the land or develop.

VII. ISSUANCE OF CETRIFICATE OF TITLE Reclamation – only National Government may reclaim.
Reclaimed lands cannot be subject to private ownership
There are 2 certificates issued by the LRA
except through CONGRESSIONAL law, and even so, only
1. Original Judicial Registration – forwarded to the
private citizens may avail.
Registry of Deeds for the purpose of recording
liens.
2. Owner’s Certificate of Title

Party-duh
Land Titles and Deeds Reviewer
2009

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.
1.) New Trial – may be availed of before decision becomes final. Fraud – 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 excusable case against the defeated party whereby said defeated party
negligence. is prevented from presenting fully and fairly his side the
b. Newly discovered evidence which would case.
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 testimony
2.) Appeal – must be initiated within 15 days after judgment 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

4.) Petition for Review – May be filed by parties deprived of their transfer title to true owner. It does not however change the decree
issued as it respects the incontrovertibility of he title. May be availed
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

Party-duh
Land Titles and Deeds Reviewer
2009

party may file an action for damages against the immediate party CADASTRAL PROCEEDINGS
causing the sale.
PURPOSE:
Innocent Purchaser for value – one who has no notice that
•Another means to bring lands under operation of Torrens
some other person owns the land/property or any defect as to the
System
right of the person owning the property.
•Ordinary registration is slow for lack of initiative on part of
landowners, innovation was conceived to hasten and
• Reckoning time – time when the transaction was
accelerate registration
made. Hence if such defect comes into
• Government initiates that all lands within a stated region are
knowledge, the buyer has the obligation to go
up for registration – whether or not owners are interested to
beyond the title, otherwise he will be in bad faith.
• In case of Double sale the rules are: settle their titles
o The one who registers first in good faith
NATURE OF PROCEEDINGS:
is the rightful owner;
• In rem
o The one who first possessed the
• No defendant & no plaintiff
property in good faith is the rightful
owner; • Compulsory
o The one who presents the oldest title is
the rightful owner. PROCEDURE:
1. CADASTRAL SURVEY
7.) Reversion – An action filed by the government in the event when •Conducted by the Director of Lands
part of the land awarded is actually non-registrable. 2. FILING OF PETITION
After survey and plot been made, Director represented

8.) Cancellation of Title – An action filed when part of the property by Sol Gen institutes cadastral proceeding by filing
awarded is property of other persons. petition in court against holders, claimants, possessors,
occupants
9.) Action for annulment of judgment or final order – Grounded •Parcel of lots given their cadastral numbers
on Extrinsic Fraud. 3. PUBLICATION OF NOTICE OF HEARING
•Court to order date of hearing
• If remedy is used in previous actions, it shall not •LRA to notify public by publishing notice 1x in OG and 1x
be availed of anymore. in newspaper of general circulation & copy mailed to
person whose address is known & other copies posted
10.) Criminal Action – in the event of perjury 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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Party-duh
Land Titles and Deeds Reviewer
2009

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, it portion of the land conveyed
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 is
Sec. 57 CONVEYANCE 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. Owner’s 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. Owner’s 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 to Characteristics:
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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Party-duh
Land Titles and Deeds Reviewer
2009

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 the
Indivisibility 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
B’s 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

13

Party-duh
Land Titles and Deeds Reviewer
2009

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


and mortgagee may even register a. Determine the amount of the loan that is due
without the consent of the mortgagor. 4. Judgment
• May and alien be a mortgagee? Yes 5. Auction Sale
and may even foreclose, but they 6. Certificate of Sale issued by the Sheriff
cannot own, hence they cannot be a 7. Hearing for confirmation of Certificate issued by the
bidder in an auction sale. Sheriff
• How to Discharge Mortgage 8. Order confirming the sale
1. Get a Release order or a 9. Redemption if available
document pertaining to such • Generally none in Judicial
discharge from the mortgagee Foreclosure, exceptions:
2. The Register of Deeds will 1. Banking Institutions
cancel the annotation 2. DBP
• Judicial - Governed by Sec. 68 of the 3. Rural Banks
Rules of Court 4. Banking and Financial
• Extra-judicial – Governed by Sec. 63 Insitutions
of 1529 • If the following are mortgaged

individually, property cannot be
redeemed except through EQUITY
When the debtor fails to comply with the principal obligation, redemption.
the remedies are:
1. Foreclose the Mortgage Equity Redemption, made within 1 year from the
2. Seek for deficiency judgment confirmation of the Sale
• Creditor may only choose 1 remedy,
not both
• Separate civil action waives potential
right afterwards

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 as ownership retroacts to the date of the
party actual sale
2. Filing of an Answer by those who have interest on the
land

14

Party-duh
Land Titles and Deeds Reviewer
2009

• If the property is not redeemed upon


the expiration of the period, There is a RIGHT of Redemption, within 1 year from the time
mortgagee may execute the absolute the certificate of Sale is registered. Reference must be made to the
deed of sale stipulation inserted in a mortgage authorizing the sale in case of
• Upon Execution: default. Reason behind this is the Special Power of Attorney
1. The deed shall be registered; authorizing the sale in case of default.
2. Certificate of Title shall be
cancelled; When is there default?
3. New Certificate of Title is issued When the obligation becomes due, in spite of the demand
made by the creditor the debtor fails to comply.

EXTRA-JUDICIAL FORECOLOSURE •
If the only stipulation in the S.P.A. is to
Allowed only if stipulated by the parties and expressly mortgage, does it include the authority
provided by law. to sell? Yes, authority is implied
• Mortgagee executes the Deed of Sale
Steps: • Sheriff conducts the auction Sale
st
• Senior Mortgagee (1 ) has a better
nd
1. File for foreclosure of mortgage with RTC where the land right than the Junior mortgagee (2 )
is situated through the Clerk of Court acting as the ex- • When property is foreclosed, the
officio Sheriff. Junior Mortgagee has a right to
2. Clerk of Court dockets and returns to examine the REDEEM, NOT to RETAIN
application for Extra-Judicial foreclosure, after receiving
the Filing Fee Section 64. Special Power of Attorney
3. Publication of Notice of Auction Sale in 3 conspicuous
places SPA – Authoriing a person to do a particular act, more
4. Raffle, the Sheriff the conducts the auction sale specifically in dealings with Real Estate.
5. Actual Auction sale • The SPA in order to take effect must
a. If the sale did not push through, there is a need be annotated to the title and
for republication of the notice Registered, otherwise it cannot be
b. The Sheriff records the bidding used.
c. The Sheriff issues the certificate of Sale o the
highest Bidder
INVOLUNTARY DEALINGS
6. Mortgagee executes the deed of Sale.
Involves Involuntary Documents
•The deed of sale is NOT absolute
because there is still a right of
redemption

15

Party-duh
Land Titles and Deeds Reviewer
2009

• Cooperation of the owner is nor


necessary, and may even be done • Although they are not registered,
against his will knowledge after the levy is equivalent
1. Attachment to registration
2. Lis Pendens
3. Adverse Claim • Although the knowledge came after
the Levy, purchaser may still be
A. Preliminary attachment - Attachment initiated at the time considered innocent purchaser for
of filing the case. (Sec. 69) value since, at the time of the sale, he
was still in good faith.
Grounds:
1. Debtor is Insolvent • Not all property are subject to Levy or
2. Debtor Absconds Attachment, it is in this light that
• Attachment must be registered to although the ROD’ s duty is
have a preferential right over other ministerial, ROD may refuse to
creditors register if it cannot be levied.
• In the event that a favorable decision Examples:
is rendered, the debt is paid from the
property attached 1. CA 459
2. Family Home exempt from
Steps: Execution
1. Secure order of attachment with
description of property from the • Preferential Right – Determine the
Register of Deeds date of Registration of Attachment as
2. Notice that the property is it retroacts to the date of attachment
Attached of lien. It must be referred back to the
3. Leave order with the Occupant date of registration of attachment.
• Purpose of registration is to determine
who has a better right.
B. Levy – to go after the property for payment of debt
rd Adverse Claim
C. Garnishment – attachment of money in possession of 3
party, refers to money deposited in the bank. Purpose:
• To apprise a third person of such
• Involuntary dealings are deemed claim
registered upon entry in the Day Book. • Protect Interests of the adverse
(DBP vs. ROD of Nueva Ecija) complainant

16

Party-duh
Land Titles and Deeds Reviewer
2009

• Action of Sum of Money – no


Characteristics: requirement of Lis Pendens
• Sum of money with Prayer for
• Claim must be adverse to registered Attachment
land a. Based on the opinion of
• Claim should arise subsequent to the Consulta, there should
srcinal registration be no Lis pendens since
• Claim is last resort, as it cannot be attachment is merely
registered in any other provision ex: incidental.
1. The Deed of Sale cannot be
registered as an adverse claim,
there is no other way to protect PATENT
your interest. WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF
• The lifespan of and adverse claim is LAW:
30 days, after which, it is not 1. Deed of conveyance issued by government patent/grant
automatically cancelled 2. Registered with Register of Deeds – mandatory: operative act to
• Registered land, despite a notice of convey & transfer title
adverse claim cannot be subject to 3. Actual physical possession, open & continuous
acquisitive prescription • Land ceased to be part of public domain & now ownership
vests to the grantee
Lis Pendens – “Pending Suit” • Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
• If case is directly related to property, it
will affect the property Terms:
• If the case is directly affecting the
land, it must be registered as Lis Emporium – power to govern subjects by the government
Pendens. Dominium – Power to use, dispose of natural resources, lands, by
• Example: the state
1. Action for Declaring the Nullity Public Domain – Unappropriated, not owned
of Marriage Public Land – Disposable or Alienable
a. Lis Pendens is Ancestral Domain – belongs to the indigenous
necessary because the
property is directly Delos Angeles vs. Santos - If public Land is granted to a private
affected, the dissolution person, the patent is null and void.
of marriage will affect
the property rights of
the spouses

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Party-duh
Land Titles and Deeds Reviewer
2009

• Both Public Land Act and Torrens 1. File a case with the Land Management Bureau
system are not binding unless 2. Upon approval, applicant will be authorized to take
registered. possession
3. Within 6 months after approval, 1/5 of the land should be
• The proceeding in Homestead patents cultivated.
is administrative in nature. This, 4. Notice of intention of the applicant must be submitted,
notwithstanding, the requirement to and also the submission of Final proof of Possession of
undergo the Torrens system still 1 year.
persists. 5. Survey shall be conducted
6. Patent shall be sent after payment of the fees
• PD 1529 applies when the subject
matter is aprivate land by virtue of an RESTRICTIONS:
imperfect title. (Sec. 14)
•Sec. 118 of Public Land Act
• Title issued pursuant to registration of o Land cannot be alienated or conveyed within 5
patent is indefeasible when registered, years after the approval of the application for
at it is deemed incorporated with patent. (Mandatory)
Torrens system; 1 year after issuance o There shall be no valid conveyance within 5 to
of patent 20 years from approval, if the conveyance is
made without the approval of the secretary of
HOMESTEAD PATENT DENR. (Directory)
EXCEPTIONS:
Aims:
1. Those conveyed under the Rural Bank Laws
• Benevolent intention of government to 2. Those conveyed in favor of the Government
distribute disposable agricultural land to
destitute citizens for their home and
cultivation
• As a matter of public policy, may be RIGHT OF REPURCHASE
repurchased even if after 5 years

provided not for profit The Land belongs to the Patentee, if the same dies, it
shall be transferred to his heirs.
Right of repurchase not allowed if sold • Right of Repurchase may be availed of within 5 years
within family & not for cultivating or living from the execution of the deed of conveyance
but for speculation purpose • Mortgage:
Procedure: o If it is extra-judicial foreclosure, Redeem within 1
year from approval of the sale

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Party-duh
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 or
• Happens when ROD is not sure what to do with the 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 is
Consulta. 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, he
o Transfers ownership to tenants, provided they
will be issued a CLOA or a Certificate of Land
pay:
Ownership award.

For the by
modify first2.5
3 year-average of harvest, o
CLOA is equivalent to Emancipation Patent,
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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Party-duh
Land Titles and Deeds Reviewer
2009

CERTIFICATE OF TITLE
Sec. 109-110

Certificate of Title
• An evidence of ownership

Sec. 109 Owner’s Certificate of Title


• Importance of keeping the certificate of title
o
A forger
the may circumstances:
following validly convey the property under
 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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Party-duh