Title 1.

Title by public grant – conveyance of public land by government to a

Juridical act or deed which is not sufficient by itself to transfer ownership. private individual. This is based on land registration act.
Title is not synonymous with ownership. 2. Title by acquisitive prescription – open, continuous, exclusive, notorious
possession of a property.
Land Title 3. Title by accretion – alluvion. This is the natural transfer of land by virtue of
Evidence of right of owner or extent of his interest, by which means he can the movement of the waters in a long period of time.
maintain control and as a rule assert right to exclusive possession and enjoyment of 4. Title by reclamation – filling of submerged land by deliberate act and
property. reclaiming title thereto; government. This is also the piling of earth in the
bodies of water.
Deed 5. Title by voluntary transfer – private grant; voluntary execution of deed of
Instrument in writing which any real estate or interest therein is created, conveyance
alienated, mortgaged or assigned or by which title to any real estate may be affected 6. Title by involuntary alienation – no consent from owner of land; forcible
in law or equity. acquisition by state. Eminent domain.
7. Title by descent or devise – hereditary succession to the estate of deceased
Purpose of torrens title (land registration) owner.
1. To quiet the title to land 8. Title by emancipation patent or grant – the lands being tilled are given to
2. To put a stop forever to any question of legality of the title, except claims those who tilled the same based on carp law. not transferable except by
which were noted at the time of registration, in the certificate, or which may hereditary succession.
arise subsequent thereto.
3. Once a title is registered the owner may rest secure, without the necessity of Land title v. certificate of title
waiting in the portals of the court, to avoid the possibility of losing his land Land title is the evidence of owner’s right or extent of interest, by which he
4. All the world are parties, including the government can maintain control, and as a rule, assert right to exclusive possession and
5. After the registration is complete and final, and there exists no fraud, there enjoyment over a property.
are no innocent third parties who may claim any interest.
6. Aims to decree land titles shall be final, irrevocable, and indisputable, and Certificate of title is a transcript of the decree of registration made by the
to relieve the land of the burden of known as well as unknown claims register of deeds. It is merely an evidence of ownership. This is also indefeasible
7. he registration either relieves the land of all known as well as unknown (those which cannot be attacked collaterally) and imprescriptible, and all claims to
claims absolutely, or it compels the claimants to come unto court and to the parcel of land are quieted upon its issuance.
make there a record, so that thereafter, there may be no uncertainty
concerning either the character or the extent of such claims. Types of certificate of title
1. Original certificate of title – first issued title by the register of deeds where
Attributes of ownership the property is situated
1. Right to possess 2. Transfer certificate of title
2. Right to sell
3. Right to use Kinds of deeds
4. Right to protect it against other claim 1. Deed of sale
5. 2. Deed of mortgage
6. 3. Deed of donation
4.
Modes of Acquiring Land Titles: 5.
 6.
Laws governing land registration
1. PD 1529
a. Property registration decree.
b. Merely codified the laws governing land registration
2. CA 141
a. Public land act
3. RA 8371
a. Indigenous Peoples Right Act
4. RA 10023
a. Issuance of free patents to residential lands
Land registration
A judicial or administrative proceeding whereby a person’s claim of
ownership over a particular land is determined, confirmed and recognized so that
such land and the ownership thereof may be recorded in a public registry.
Purpose of land registration
1. peace of mind that the person claiming ownership over a land will be
recognized as the real owner and ownership is recorded.
2. If you are the buyer, you will be able to identify that it is free from any
encumbrances.
3. To issue a certificate of title to the owner which shall be best evidence of
his ownership of the land described therein
4. To give every registered owner complete peace of mind
5. To relieve the land of unknown claims
6. To quiet title to land and to forever stop any question as to its legality
7. To avoid conflicts of title and to real estate and to facilitate transactions.
8. To determine the boundary and perimeter of the land
9. To guarantee the integrity of land title and
10. To protect their indefeasibility once the claim of ownership is established
Concept of torrens system
Most effective measure to guarantee the integrity of land titles and to
protect their indefeasibility once the claim of ownership is established and
recognized. Without this system, land conflicts will be even more abrasive, if not,
violent.
Republic v. guerrero/Herbieto
1. Objective of torrens title
a. Obviate possible conflicts of title by giving the public the
right to rely upon the face of torrens certificate and to
dispense, as a rule, with the necessity of inquiring further.
b. To give the registered owner complete peace of mind
Purpose of torrens title
1. To quiet the title to land and to put a stop forever to any question of legality
of the title, except claims which were noted at the time of registration, in the
certificate, or which may arise subsequent thereto.
a. Except: claims which were noted at the time of the registration, in
the certificate or which may arise subsequent thereto.
2. To relieve the land of unknown liens or claims, just or unjust, against it.
a. Except: statutory liens under PD 1529
3. To establish propriety in right
4. To create imprescriptible title binding against the whole world
5. To provide means of publication or notice to third persons.
6. To provide stability to land titles
7. To facilitate transactions relative thereto by giving the…
Advantages of torrens title
1. Substituted security for insecurity
2. Reduced the cost of conveyance from pounds to shillings, and the time
occupied from months to days
3. It has exchanged brevity and clearness for obscurity and verbiage
4. It has so simplified ordinary dealings
5. It affords protection against fraud
6. It has restored to their just value many estates, held under good holding
titles, but depreciated in consequence of some blur or technical defect, and
has barred the reoccurrence of any similar faults
Mirror doctrine
Every person dealing with registered land may safely rely on the correctness
of the certificate of title issued thereof and is no way obliged to go beyond the
certificate to determine the condition of the property.
The registration is proceeding in rem or that which is binding as against the
whole world.
 Jurisdiction in rem cannot be acquired unless there be constructive seizure 3. Mineral land
of the land through publication and service of notice.
Re-classifying v. De classifying
Regalian doctrine Reclassifying refers to the change in the classification of land i.e. timber to
All lands of whatever classification and other natural resources belong to agricultural land. Declassifying refers to the removal of a portion.
the state.
Classification cannot be presumed.
Any person claiming ownership of a portion of the public domain must be Classification must be categorical or explicitly stated.
ableto show title from the state according to any of the recognized modes of Does not change even when the nature of land changes, A positive act must be
acquisition. present.
Classification is descriptive of its legal status.
Article XII, Sec. 3 of the 1987 consitution Timber land is not coverd by CA 141 but the foresty code
Classified lands of public domain into Minerals is covered by mining act.
1. Agricultural
2. Forest or timber Republic v. Naguit
3. Mineral Ocen must be in a concept of an owner
4. National parks Classification is descriptive of the land’s legal nature or status and dues not actually
Presumption of state ownership over public lands described what the land looks like
All lands that were not acquired from the government, either by purchase or Declassification and reclassification cannot be presumed
grant, belong to the public domain. Express and positive act by the government is necessary in order to classify land as
Exception: possession since time immemorial or that which is already alienable and disposable.
owned by natives even before the Spaniards came
Inalienable under the civil code (art. 420)
Classification of land under CA 141 1. Intended for public use,
1. Alienable and disposable 2. Belong to the state not for public use but are intended for some public
2. Timber service or for development of national wealth
3. Mineral land
Art, 421 (patrimonial property)
CA 141, Sec 9 Patrmonial property may be subject to private ownership
Lands of public domain which are alienable or open for disposition shall be
classified according to its use or purpose as follows: Art. 422
1. Agricultural When not intended for public use or for public service, shall form part of
2. Residential, commercial, industrial or for similar productive purpose the patrimonial land of the state. However, there should still be a direct declaration.
3. Educational, charitable or other similar purposes
4. Reservation for townsites and for public and quasi-public use Proceeding in land registration
1. Judicial proceedings
Classification is the prerogative of the executive branch (CA 141, Sec 6) 2. Administrative proceedings
President shall from time to time classify the lands of the public domain into:
1. Alienable and disposable Judicial proceedings
2. Timber 1. Ordinary registration proceedings
 2. Judicial confirmation of imperfect or incomplete title 2. Subject to the control and supervision of the president
3. Cadastral proceedings 3. LRA officers’ duty to issue decree of registration is purely ministerial
4. Acts as official of the court and not an administrative official
Land registration Authority
Central repository of records relative to original registration of lands under Register of deeds
the torrens system 1. Has one for each province and for each city
Representative of court in land registration cases 2. Public repository of records of instruments affecting registered or
Created under PD 1529 unregistered lands and chattel mortgage
Headed by an administrator and assisted by deputy administration 3. Sectary of justice shall define each official station and territorial jurisdiction
(appointed by the president) of each registry, upon the recommendation of the administrator.
4. Function is ministerial in nature
Functions of LRA
1. Extends assistance to the DAR, the land bank, and other agencies in the When may the RD refuse the registration
implementation of land reform program. 1. When there are several copies of title (co-owners duplicate) and only one is
2. Extend assistance to courts in ordinary and cadastral land registration presented with the instrument to be registered
proceedings 2. When the property is presumed to be conjugal but the instrument of
3. The central repository of records relative to original registration of lands conveyance bears signature of any spouse
under torrens system including subdivision and consolidation plans of titled 3. When there is pending case in court where the character of the land and the
lands validity of the conveyance are in issue;
a. Subdivision – dividing of a certain land 4. When required documents/requirements are not submitted
b. Consolidation – sum up of lands to have 1 title only 5. When on its face, the requirements are fraudulent
6. When document is not notarized
Functions of LRA administrator
1. Issues decrees of registration pursuant to final judgment of the courts in Effect of registration
land registration proceedings 1. Continuous existing right of a person or applicant
2. Exercises supervision and control over all registers of deeds and other 2. Does not add validity to the instrument or validate an otherwise void
personnel of the authority contract
3. Resolve cases elevated en consulta by or on appeal of decisions of register
of deeds. Imperfect/incomplete title
4. Exercise executive supervision over all clerks of court and personnel of 1. OCEN
RTC with respect to registration of lands 2. June 12, 1945 or earlier
5. Implement all orders, decision, and decrees promulgated in relation to the 3. It is enough that it is alienable and disposable at the time of the application
registration of lands and issue, subject to the approval of the sec. of justice,
all necessary rules and regulation 30 year period of possession
6. Verify and approve all subdivision and consolidation and consolidation- Automatically to alienable and disposable land
subdivision survey plans of properties titled under PD1529 Patrimonial is technically….
a. Except: those covered by PD 957
Steps of registration
LRA administrator 1. Survey of land
1. Purely executive function 2. Filing of application
 3. Setting the date 1. Deposit must be gradual and imperceptible
4. Transmittal of the application to LRA 2. Due to the current of the water
5. Publication 3. Land where accretion takes place is adjacent to the bank of the rivers
6. Mailing and posting of 4. Must be the exclusive work of nature
7. Opposition
8. Issuance of order of default Requisites for application of ART. 461
9. Hearing and default 1. Change must be sudden in order that the old river may be identified
10. Issuance of the court 2. Changing of course must be more or less permanent and not to temporary
11. .. overflowing of another’s land
12. Issuance of the Original Certificate of title 3. Change of the river must be a natural one
13. Sending of the owner’s certificate to the RD 4. There must be definite abandonment by the government
14. Entry of the owner’s certification in the…. 5. River must continue to exist

Concept of possession for purposes of prescription Where land is owned in common, they must be filed together
Actual possession of land consists of the manifestation of acts of dominion
over it of such a nature as a party would naturally exercise over his own property. Non-resident of the Philippines
Gen rule: possession and cultivation of a portion of a tract of land under Allowed provided he authorizes an agent who resided in the Philippines to
claim of ownership of all is constructive possession of all, if the remainder is not in represent him in the registration.
the adverse possession of another. If the agent dies or goes out of country, the applicant must nominate,
appoint and change the agent. If the applicant fails, petition fails
Compute prescription
The present possessor may complete the period necessary for prescription Pacto de retro sale
by tacking his possession to that of his grantor or possessor-in-interest Sale where there is right to repurchase
It is presumed that the present possessor, who was also possessor at a Registration is allowed
previous time, has continued to be in possession during the intervening time, unless Vendor a retro may file petition
there is proof to the contrary Should redemption period expire pending the registration proceedings and
The first day shall be excluded and the last day included ownership to the property has been consolidated in the vendee de retro, the latter
must be substituted for the application
Acquisition of private land through accession or accretion
Trustee
Accretion Allowed to registration of any land held in trust by him or on behalf of the
Slow and hardly perceptible accumulation of soil deposits that the law principal, unless prohibited by the instrument creating the trust
grants to the riparian owner
Accretion to one’s land coming from another land which is titled is still Venue
within the scope of art. 457 and is still owned by the riparian owner Province or city where the land is situated
Islands formed in non-navigable and non-floatable rivers belong to the
owners of the bank nearest to each of them or to both owners if the island is in the STEPS IN ORDINARY REGISTRATION PROCEEDINGS
middle of the river.
1. SURVEY
Requisites for Accretion
Either conducted by bureau of lands or private with license to survey
Must be approved by the director of lands
Survey plans establishes the true identity of land to ensure that it does not overlap a
parcel of land or a portion belonging to another, and to forestall the possibility that it
will be overlapped by a subsequent registration of another person in the adjoining
land
Survey plan is indispensable as it provides a reference on the exact identity of the
property
2. FILING OF APPLICATION
When boundaries are not defined, the application must be filed in RTC of
the place where the land is declared for taxation purposes
When boundaries are defined, a separate plan for each portion shall be made
by the surveyor and a separate application for each lot must be filed with the
corresponding RTC of each jurisdiction
Amendments of the application
Includes rejoinder, substitution or discontinuance as to parties may be
allowed by the court at any state of the proceedings upon just and reasonable terms

Forms and contents of application
a. In writing
b. Signed by the applicant or the person duly authorized for his behalf
c. Sworn to before any officer authorized to administer oath for the
province or city where the application was actually signed
Substantial changes in the boundaries or an increase in area of the land
applied for which involve the inclusion of an additional land shall be subject to the
same requirement of publication and notice as in an original application
3. SETTING THE DATE FOR INITIAL HEARING

Contents of application 5 days from filing of the application

a. Description of the land Date of hearing must be 45-90 days
b. Statement of citizenship and civil status of applicant
c. If married, name of the spouse. If marriage has been legally dissolved, when Notice of initial hearing
and how the marriage was terminated The public shall be given notice of the initial hearing of the applicant for
d. Statement of full names and addresses of all occupants of the land and those land registration by means of:
of the adjoining owners (to give notice to them), if known. If not known, it 1. Publication
shall 2. Mailing
3. Posting
Muniments of title
Instrument or written evidence which the applicant holds or possesses to 4. TRANSMITTAL OF THE APPLICATION AND ORDER SETTING
enable him to substantiate or prove title to his estate THE DATE OF INITIAL HEARING WITH ALL THE DOCUMENTS
ATTACHED THERETO BY THE CLERK OF COURT
Cadastral proceedings should be filed in RTC
5. PUBLICATION
MTC
1. If the applicant is uncontested or unopposed
2. If the value of property does not exceed 100k based on: Republic v. bantigue
a. Affidavit of the applicant Can the republic oppose for the first time on appeal
b. Agreed upon the parties Yes they can question at any time because the state can never be estopped and
c. Based on tax declaration following the regalia doctrine

If land is situated between boundaries of two province Publication

 Upon receipt of the order of the court setting the time for initial hearing, 2. Copy of notice is posted in a conspicuous place on each parcel of land
commissioner of land registration shall cause notice of initial hearing to the included in the application
published once in the OG and once in a newspaper of general circulation in the 3. 14 days before the date of initial hearing
Philippines
Publication in the OG shall be sufficient to confer jurisdiction upon the Service of notice by the sheriff upon or to:
court 1. Contiguous owners
However, jurisprudence dictates that publication in a newspaper of general 2. Occupants
circulation is mandatory 3. Those having interest in the property
Notice shall be addressed to all persons appearing to have an interest in the
land involved including adjoining land owners and to all whom it may concern Proof of publication and notice
Said notice shall also require all persons concerned to appear in court at a The certification by the LRA and of the sheriff concerned to the effect that
certain date and time to show cause why the prayer of said application shall not be the notice of initial hearing, as required by law, had been complied with shall be filed
granted in the case before the date of initial hearing, and shall be conclusive proof of such
If the amendment involves the reduction of the original area published, no fact.
new publication is required.
Documents to be presented and marked to confer jurisdiction
Purpose of publication 1. Copy of the official gazette containing notice of initial hearing
1. To confer jurisdiction upon the court over the res 2. Affidavit of publication executed by the editor of the OG
2. To appraise the whole world of the pending registration case so that they 3. Copy of the newspaper of general circulation containing the notice of the
may assert their rights or interest over the land, if any, including opposition initial hearing
to said registration case 4. Affidavit of publication executed by the editor of the newspaper
5. Certification of the LRA administrator that the notice of the initial hearing
6. MAILING AND POSTING has been published and mailed to persons concerned
6. Certificate of posting executed by the sheriff
Mailing
1. Mailing of notice to persons named in the application; within 7 days after
publication of notice in the OG
2. Mailing of notice for secretary of public highway, provincial governor and
the mayor
a. Necessary if the applicant requests to have the line of a public way
or road determined
3. Mailing of notice to the secretary of agrarian reform, the solgen, the director
of lands, director of public works, director of forest, director of mines and
director of fisheries and aquatic.
a. If land borders on a river , navigable or shore, or on an arm of the
sea

Posting
1. Duly attested copy of notice of initial hearing shall be posted by the sheriff
of the province or city or his deputy