Documente Academic
Documente Profesional
Documente Cultură
2/27/19
Section 44
o Any interest affecting a particular registered property, under what portion of the title can you
find it?
o The 2nd page when you have the portion concerning encumbrances
But there can be claims that need not to be annotated
o These are the statutory claims
List of statutory liens are as follows:
First: Lien, claims, rights provided under the Constitution
o It could be other laws
o A parcel of land can be covered under the enabling of law on the Agrarian Reform program
o Any particular lien in favor of the government by reason of public policy can be subject of lien
Second: real estate taxes
o There is limiting period of 2 years
o However, this is enforced not by a lien, but because of BIR regulation
o Because before you can transfer property, an important requirement is payment of all
outstanding taxes, even those beyond 2 years before there can be transfer
o Thus, a certification from the local treasurer’s office that all taxes before conveyance are paid
o Thus, no problem with this lien
Third:
o If initial registration, if there is road or highway, the same must be duly indicated in the survey
plan, partly this is not a problem
o In the event that there is no delineation, there is a lien on the property
Fourth:
o With regard to agrarian reform
If statutory lien, what is the significance?
o What is the essence of a statutory lien?
o Even if the encumbrance does not appear, all must recognize its existence
o This is a lien by law
Section 45
o Description of the owner
o It must include personal circumstances
Section 47
o Registered land is not subject to prescription for purposes of acquisition
o However, what is the limiting effect of laches
o If there is unreasonably length of time and there are 3rd parties might be prejudiced by inaction,
laches might apply
o Although imprescriptible, laches may prejudice the owner
What is the basis of laches?
o Based on equity
o You do not anchor it on any provision by law
We do not allow collateral attack on TCT
2 important incidents
o Splitting or
o Consolidation of titles
1 registered property covered by one title covered by 1 survey plan
o In event of subdivision, it would result to splitting
o Normally we subdivide for purposes of succession
o When you talk about distribution of properties to co-heirs
Consolidation
o 2 or more parcels of land covered by separate title
o It is possible that that registered owner, which is adjoining may petition for consolidation
o To have 1 survey, and 1 COT for the land
Subdivision plan
o Realty development programs
o It would illustrate this in here
Certificate of title
o Simply evidence or proof of ownership
o It is separate of the registered owner
o Title emanates from any of the circumstances found in section 14
o That is the source of the title of the individual
o The resulting title is merely the proof of title or ownership
After original registration, there is the so-called subsequent registration
What are covered?
o Voluntary and involuntary transactions
In event of conveyance, you have subsequent transaction
o Result to cancellation of original
o New title will now be called transfer certificate of title
TCT
o It still has the same features
o You have the original being kept with the RD
o And owners duplicate copy of the TCT in the hands of the transferee
o Original is kept with the RD, original’s owner duplicate copy with the owner
Section 52
o Constructive notice
Constructive notice
o Who is affected by constructive notice?
o The whole world
Upon registration, the whole world is deemed bound
o There is no need for actual knowledge of the registration
o The mere fact that it is registered under the torrens system, the whole world is bound
What is the advantage of the principle of constructive notice?
o What is the essence of torrens title?
o Any interested party can just go to the record of deeds
o If a transaction is there, he can rely that no adverse claim can affect that particular transaction
that is duly annotated
o Any conveyance or mortgage or order duly registered is constructive notice
Voluntary transaction, what are covered?
o Deed of sale
o Mortgage
o Lease
Why is it considered voluntary or involuntary?
o The fact there is court action, it would indicate the there is no voluntariness
o Ex. the court processes
o Writ of attachment
o It arises out of a court action
Presentation of owners duplicate upon entry
In voluntary txns that usual requirement is the surrender of owner’s copy
What if the seller does not surrender his owner’s copy?
o If voluntary txn, if you were the buyer, would you like to be inconvenienced
o You pay, but all the requirements must be complied
How about in involuntary registration
o Can you expect the registered owner to surrender his copy?
o Normally NO, therefore, is it possible to register a writ of attachment even without owners copy?
o YES
o But RD is duty bound to notify the registered owner that there is this attachment, and they
require owner to submit owners copy for registration
o Winning party need not be prejudiced from the refusal of the owner to submit it
Section 56
o What is the primary entry book of the registry of deeds?
o If all certificates of title are duly kept, you also have the entry of all txns of registered property
kept chronologically
What is the significance or effect of noting in the primary entry book?
o Why is it that the RD keeps this primary entry book?
o What can be found in the primary entry book?
o Date, hour, the minute
o It is the fact of noting in the primary entry book that results to registration
o It does not require the registration on the 2nd page of tittle one encumbrances
o It is enough that the txn is duly noted in the RDs primary entry book
o The operative act of registration is the noting in the primary entry book
Conveyances and transfers
What is the procedure in section 57?
o Thus, at the back you have the entry number, down the line the chronology presentation of the
document
If deed of sale, you will have a new certificate of title
o Transfer certificate of title from the original
If there is no encumbrance from 1st certificate of title, then transfer will also have no encumbrance
If there is encumbrance
o it will be carried over
o it must appear in the TCT
o this is the rule of carry over
o you carry over any encumbrance from the previous title
if it is only a portion on the registered land
o the same must be indicated also
mortgages and leases
o entering into a lease contract is an exercise of ownership
o and to protect the interest of the lessee, there is registration
mortgage
o any similar txn must be duly registered for purposes of protecting the interest of the mortgagee
o if lease, the lessee
o if trust, then trustee (beneficiary)
Section 61
o Remember this
Upon registration, there is constructive notice
Section 62
o a duly registered mortgage or lease upon the expiration or discharge can be cancelled
o there is proper document for discharge of mortgage
in the event of default of mortgagor or debtor
section 63
o In the event of default
o Foreclosure is either judicial or extrajudicial
o In the event of judicial, there is court order indicating there is collateral covered was judicially
foreclosed
o If extrajudicial, there is certificate of sale
o If by sheriff, sheriff’s certificate of sale
o Can also be a notary public
o This would be presented to RD for registration
If extrajudicial foreclosure
Section 47
o Banking law
o We have the new central bank law of 2019
o To strengthen the prerogatives of the BSP to regulate inflation
o Under GBL, CB can now issue debt instruments
Incorporation law
o One man corporation is not applicable in bank
Trust and power of attorney
o If registered property, it requires special power of attorney
o If trust, an express one, creating the document or relationship, you have trustor transferring to
trustee for the benefit of beneficiary
What is the concept of naked title?
o Naked because it is the beneficiary who benefits
o It is simply ownership by name, but enjoyment belongs to the beneficiary
Trust with power of sale
Involuntary dealings
Attachment
o Preliminary attachment
o To satisfy the favorable judgment
o This is the essence of attachment
Section 70
o Favorite
What is the nature of an adverse claim?
o Or what is an adverse claim?
o Claim against the property
o You have an individual claiming interest over a registered property
o Unfortunately, in original registration his claim was not duly heard
o Therefore, only remedy, is to annotate the same and file the corresponding instrument
indicating the adverse claim
How do you register an adverse claim?
o it is a simple document by way of affidavit informing RD that you have claim against the property
o purpose is to have that document embodied or annotated in the certificate of title
how long is the effectivity of adverse claim?
o Good for 30 days
Why the need to go to court?
o Why a court hearing?
o Due process requirement of the constitution
If you were the person filing an adverse claim, what is the next step?
o File a case in court
o This time, what is the document that will be annotated on the affected property
o From adverse claim, it becomes a notice of lis pendens
o It completes the process
o Your ultimate goal is for the court to determine your claim
o You file an action to prove in court that indeed you have a superior claim
o To protect your interest form adverse claim, you have to file a notice of lis pendens
o By mere affidavit that indeed there is now a pending case affecting this registered property
What is the overall effect of adverse claim with notice of lis pendens?
o What is the beneficial claim?
o Whole world will now be bound
o Any buyer cannot simply rely on the tile of registered owner
o It might be defeated in the decision arising from the case
o So buyer beware
o this is the significance of having adverse claim culminating in lis pendens
Surrender of certificate in involuntary dealings
o Section 71
If you are registered owner, no need to wait for 4th order
Expiration of redemption period
o If there is no redemption within allowable period, it would result to consolidation of title in favor
of buyer
o By filing the affidavit of consolidation with RD, the certificate of title in the name of registered
owner
Notice of lis pendens
o Section 76
Similarly just like any annotation, notice of lis pendens may be cancelled
o If the result is in favor of registered owner, he can petition for cancellation
o What is the embodiment of petition for cancellation?
o That you have final order from the court in your favor as against the claimant who filed the notice
of lis pendens
What are the important things to remember?
o Adverse claim
o Notice of lis pendens
o These are the familiar incidents affecting registered property
o Splitting or subdividing property
o Consolidation
o It is easier to dispose property if subdivided
o Realty taxes
Registration of judgment, court order or partition
Judgment
o Final order of the court finally disposing an action
o This can be registered
Court order
o Writ of attachment could be an order
o It does not dispose the case
o But to protect interest of plaintiff
Partition
o Distribution of properties among co-owners, co-heirs
Extrajudicial partition
o Co-owners agree to execute the corresponding document, deed of partition, without going to
court
Judgment for plaintiff
o If against the registered owner, in favor of claimant
o It would result to cancellation of title
o Otherwise, it would result to quieting of title
If issue is ownership
o If in favor of registered owner, title remains
o If not, it will be cancelled
Judgment of partition
o Denotes judicial partition
If it is juridical partition, co-owners fail to agree,
You cannot prevent co-owner from demanding his share
o This is a protected right
Section 85
o Inherent powers of the state
o Power of eminent domain
o Common term is expropriation
What happens in expropriation proceeding
o Executive
o Local GU – emanates from the national government
Extrajudicial settlement of estate
o Section 86
o What is the annotation on the certificate of title
o There is formality requirement – publication
o Idea is to have that notice in a newspaper of general circulation
o Once a week for 3 consecutive weeks
o Upon compliance, it is effective against the whole world if coupled with appropriate registration
Section 74
o Any distribution of land by extrajudicial settlement
o Effect of extrajudicial settlement is annotated on the certificate of title good for 2 years
o Aside from publication, any interested party has 2 years to file his claim against property being
subdivided or partitioned
o Upon lapse , registered owner can petition for cancellation of that lien
o That lien is duly annotated on the COT, property is subject to extrajudicial partition
Normally if it is an estate
o For purposes of managing the estate, it is possible that title is transferred to executor
Chapter 7
Any court order or decision can be annotated
o Writ of preliminary attachment
Assurance fund
o Remedies
Chapter 7 – assurance fund
Chapter 8 – patents
Chapter 9 – 3 articles – land reform program, focus on registration
Chapter 10 – only 4 articles – focus on these 4 articles, usual area of practice later on
Chapter 11 – only 1 article –
Chapter 12 – only 1 article – significant in relation to legal forms
Chapter 13 – only 1 article – documents affectivne unregistered land
Chapter 14 – 3 articles – chattel mortgage
Chapter 15 – consulta
What is the purpose of the assurance fund?
Certain requisites to recover
o Without fault on his part
o But there are other requisites
First recourse to be against the guilty party
If guilty power is insolvent, then ultimate resort to assurance fund
If against the assurance fund, it must include the ff parties;
o RD
o National treasurer
o Guilty party
Patent
o When we talk about issuance of patents vis a vis registration
o If it is judicial in character in registration
o How do you call the process involved in the issuance of a patent?
o If it is registration thru a patent, it is administrative legalization
o There is the corresponding registration of land in the public domain outside of the court
o It becomes clearly administrative
o What makes it administrative?
o Section 103
o Certificate of title pursuant to patents
Who has the duty to report the granting of the patent?
o The issuing agency
o What is the agency involved as to the issuance of patent?
o DENR
o Down the line, at the NCR, the LMB, the regional executive director
o And provinces, and LGUs, provincial environment officer, community environment office
o It emanates from the secretary down the line, then CENRO or PENRO who gives patent to RD
where the property is located
The grant is between grantee and government initially
o Once a patent is brought to RD for purposes of issuing the certificate of tile
o The act of registration shall be the operative act to bring the property of land registration system
o It is equivalent to section 14
Thus, there lies a distinction between judicial and administrative legalizations
o You do away with the formalities
o In the trial
What is the risk if any?
o In the process of administrative legalization
o How do you characterize judicial proceedings?
o What happens with applicant and oppositor?
o In a judicial proceeding you have usually the screening of evidence being presented
o But in an administrative, there is none
o The evils in administrative proceedings
o No actual survey of the land, then suddenly a certificate of title is issued, and someone claims
portion of property
o Presumption of regularity in functions of pubic employees and officers
o But there are those that do not conform to that regularity when they perform their functions
Certificate of tile arising from registration of patent is just like a corticate of tile arising from a decree of
registration arising from the LRA
o It is as good as that
o Thus you have the application of all the principles
Homestead patent
o Is what kind of patent?
o You have that eager cultivator which his normally the grantee
o We call him the homesteader
o That is why it is called by homestead
o Appropriately it is the homestead patent
o To allow the eager cultivator to own the land
Sales patent
o Land awarded to highest bidder
o Open biding for interested parties
o Winning bidder is buyer
o Out of txn, it would result to a contract of sale
o Resulting patent is a sales patent
Free patent
o It is by the usual mode recognized in section 14
o Instead of application for petition
o Thru the DENR u have that possibility of having title emanating from a free patent
o As the term suggests, it is free, no consideration
o It is a smaller area
o Homestead is larger area
o Issuance of free patent for residential land, RA 123
o Smaller areas for
o There is that table
o 200 sqm – it is a social legislation to enable ownership, this is for highly urbanized
o 500 sqm
o 1st and 2nd municipalities – 750 sqm
o 1000 sqm – 3rd class and up to last class
o As small as 200 – 1000
o Social legislation to enable land ownership for purposes of residential use
o Thus, that is still free patent
Special patent
o Normally who are the recipients?
o Government agencies or LGUs
o To distinguish it from usual patents, it is special if the grantee is a government agency or LGU
What is the important prohibition arising from a special patent?
o Grantee is not allowed to dispose the property
o What is the requirement before the LGU may dispose the same?
o It requires the approval of the Secretary of Agriculture and Natural Resources
o The very intention of government entity is for public use if it is disposed then the very purpose
is deemed defeated
These are the possible patents, the most common is free patent
o In agrarian law, there is homestead patent, there is that special consideration in agricultural
lands emanating from a homestead grant
o If still in possession of grantee or successor in interests such land is exempted from coverage of
CAR
o What is the use of sharing with others when the very purpose of law is to give land to landless
Land Reform Certificate
o Any award from land reform statutes will come under this chapter
o Originally, it is PD 27, pertaining to corn and rice lands
o What is the coverage of this law initially?
o What are the covered lands?
It simply talks about rice and corn lands
o Under CAR, it covers all agricultural lands, public or private, exception is homestead grant
o In reading this provision, it will include all other agricultural lands, not only rice and corn lands
Thus, for purposes of keeping records of titles emanating from CAR
o What must the register of deeds maintain?
o What is required under the law that the RD must keep or maintain in relation with Certificates
of Titles emanating from the CAR?
o Section 104
o There is appropriate registry designed for purposes of keeping track of all titles emanating from
CAR
o Includes all certificates of titles from agrarian reform program
There is that registry for all certificates from the land reform program
What is that certificate being mentioned?
o Certificate of Land Transfers
o Certificate of Land Ownership Award (CLOA)
In that registry, you have all these documents
Upon the final award of land to a beneficiary, an agrarian reform beneficiary, there is that corresponding
title, and the title is just same with the title form judicial or administrative legalization
o It is still the usual certificate of title only that the source is being traced to the grant of certificate
from the CAR
o Purpose of registry is to monitor
o What is that prohibition from the title from emanating program
What is the prohibition?
o There is a need to trace the title because of certain restrictions
o Just like the land acquired form land prom public land act
o There is that prohibitory period where the is not disposal of property in the hands of the grantee
Homestead
o 5 years before you can dispose
CARL
o Its 10 years
o To keep cultivation in the hands of the grantee
o This is the purpose of this social legislation
o If you now allow this to dispose it defeats the purpose
o Thus, the prohibition
Emancipation patent
From the provision, what is the observable difference when you talk about the issuance of certificate of
title from the usual? Who keeps the original in the usual way?
o Usual way, RD, the owner simply has owner’ copy
o In titles from CAR, original is given to grantee, duplicate is being kept from RD
o Same certificate of title arising from the CAR
Section 106
o Sale of agricultural land
o In contract of sale in involving agricultural land, aside from the deed of sale there is additional
requirement
o The affidavit from owner that the land is not tenanted
o Because if tenanted, you have to consider the application of all relevant land reform statures
o As it stands today, land owner may only dispose of retained area, the maximum size of 5 hectare
o In effect he can only disposes this portion
o The excess would be covered by the CARP
Important petitions in land registration
Section 107
o Voluntary
o If you are counsel of buyer, do not pay until surrender of owner’s copy
o There is recourse under the law, owner may be compelled to surrender owner’s copy
o The court may also order the annulment of the same
o No reason to refuse the surrender of the certificate
108
o Amendment and alteration of certificates
o What are the important things?
o Any change must be with a court order
o Meaning that the RD cannot simply make any correction
o It must be a petition to the court to indicate such change
o But remember, although the court has prerogative to change, it does not mean opening the case
o Because that has long terminated
o Meaning no reopening, only the purposes is for that change
o Ex. from married to single, or single to married because of applicable circumstances
o If there is dissolution of corp, ownership will now belong to stockholders
109 – REPLACEMENT
o Owners copy is lost
o You have to notify the RD first as of lost or destruction of your copy
o But it is not the RD that can issue the replacement
o It will require a petition in court
o It is the court that will order the issuance of a copy of the duplicate certificate of title
o Any change must be with the court order – similarly to heirs
o Any replacement of certificate of title
o Copy being kept by registered owner
o REPLACEMENT
110 – RECONSTITUTION
o The original title being kept by RD
o Reconstitution of lost or destroyed title
o What is the recognized mode of replacing lost title in RD?
o Reconstitution – reconstitute the original copy
o Law concerning administrative reconstitution
o RA 6732
o What is administrative reconstitution?
o It will result to the same thing, reconstituting the original copy of the RD
o But what is the difference between judicial and administrative reconstitution?
o If it is other than judicial, it is not in court anymore
o We have certain requirements for administrative requirements:
o It may be availed of substantial loss or destruction of land titles due to fire, force majeures, p.
635
o 10% but in no case shall less than 500, it can be done administratively
o Purposes is to minimize the cost
o If you have 10% it would result to court congestion
o This is the idea
o The alternative to administrative
o You have to present to RD for the reconstitution of the original
o When we talk about 110, the idea is judicial reconstitution
o In highly exceptional situation, there is that administrative reconstitution
o In AR, you have certain documents that must be presented, there is that enumeration
concerning the documents presented
o What are the documents?
Owner’s Duplicate Certificate of tile – if interested has his own copy, he can present
which can be the basis of reconstitution of the original
Certified copy of the Certificate of Title previously
Authenticate copy (patents)
What is the difference between section 2 and section 3?
P. 637
o To prove copy of lost or destroyed being copy of the RD, you can show all those, then if RD is
convinced , there is hat possibility of reconstitution
What is the idea behind all these requirements?
o Why the court all the time?
o Due process under the constitutional law
o You cannot simply allow the petitioner to prove his case without hearing other possible
stakeholders
o Thus, due process is behind all these
Fees
Chapter 12
o Important in legal forms
112 – forms in conveyancing
o Affidavit writing
o Most important part when you talk about a deed of conveyance is that portion we call
acknowledgment
o Acknowledgment portion are the formalities to be observed
o What is the signature requirement?
o At the end of the document, you have the signature of buyer and seller, together with at least 2
witnesses
o How about the other pages of documents containing more than 1
o Signed at the left margin
o When you have formal document, you have signatures appearing on left margin of the page
o This is because of section 112
o In acknowledgment portion, you have to indicate how many pages
o If 2 or more, you have to indicate that indeed it has 2 pages, 3 pages, or more
o The idea is to keep the sanctity of the document, that there is no missing page
o Remember section 112
o Important requirement in legal forms
Unregistered land – only 1 section, chapter 13
o 113
o Unregistered land
o A separate registry for this
What can you remember of registration?
o Once registered it binds the whole world
o If it is unregistered land?
o It binds only the parties
o How about 3rd parties?
o A 3rd party having a superior right cannot be bound by that registration
o What is that rule in relation with regard
o If it is double sale involving unregistered land?
First to register, even if unregistered land
Still there is a purpose for this registry for unregistered lands
o Rule is different if covered under torrens, the whole world is bound
o Purpose of having registry of unregistered land is because in case of double sale for unregistered
land
Idea is anchored on this possibility
o There is separate registry for unregistered lands still being kept by the RD
Chattel mortgage
114
o There is another registry for chattel mortgage
115
o Manner of recording chattel mortgages
o Special situation of chattel mortgage
o If motor vehicles, what is the additional requirement to bind 3rd parties aside from registering it
with RD?
o You have to present it to LTO
o To bind 3rd parties, additional registration with LTO
Section 117
o Now the Administrator of the LRA
o Who may initiate the consulta?
o The Register of Deeds or any interested party
o If RD is in doubt as to what memorandum of entry to make, he can elevate motu proprio to the
LRA
o If in interested party, how can he do it? Other than the RD?
o If he is not satisfied or disagrees of position taken with the RA, he can elevate the issue to the
LRA
Condominium Law
o The corp owns the land
o No connotational violation to allow foreigner
o Ownership of unit is different ownership of land