LAND TITLES AND DEEDS

CIVIL LAW

Land Titles and Deeds

TABLE OF CONTENTS
I. II. III. IV. V. VI. VII. VIII. IX. Introduction Torrens Certificate of Title Original Registration Cadastral Registration Proceedings Subsequent Registration Dealings with Unregistered Lands Patents Remedies of Aggrieved Party Replacement and Reconstitution 299 299 300 305 305 309 309 311 312

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LAND TITLES AND DEEDS I. INTRODUCTION

A. CONCEPTS AND DEFINITIONS 1. THE TORRENS SYSTEM A system for registration of land under which, upon landowners application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. (Blacks Law Dictionary) 2. LAND TITLE Evidence of the right of the owner or the extent of his interest, and by which means he can maintain control, and as a rule assert right to exclusive possession and enjoyment of property. 3. DEED A written instrument executed in accordance with law, wherein a person grants or conveys to another certain land, tenements, or hereditaments. 4. FEE SIMPLE Absolute title; absolute estate in perpetuity. Land is conferred upon a man and his heirs absolutely and without any limitation imposed upon the state. 5. REGISTRATION The State provides a public record of the title itself upon which a prospective purchaser or someone else interested may rely. 6. RECORDING Provides for the recording of conveyance and other instrument without guaranteeing the title, leaving to the prospective purchasers or other persons interested to examine the instruments in the records and formulate their own conclusions as to their effect on the title. B. NATURE Land registration is a proceeding in rem (Sec. 2, PD 1529). A proceeding in rem, dealing with a tangible res, may be instituted and carried to judgment, without personal service Roxas vs. Enriquez. C. PURPOSE OF REGISTRATION The real purpose of that system is to quiet title to land; to put a stop forever to any questions of the legality of the title, except claims which were noted at the time of the registration, in the certificate, or which may arise subsequent thereto Legarda vs. Saleeby.
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To establish and certify to the ownership of an absolute and indefeasible title to realty, and to simplify its transfer Grey Alba vs. CA. D. JURISDICTION RTCs of province or city where the land or a portion or it lies- land registration proceedings and over all petitions filed after original registration of titles (Sec. 2, PD 1529) MTCs- cadastral and land registration cases covering: o lots without controversy or opposition o contested lots where the value does not exceed P100,000.00 (sec. 34, BP 129)

II. TORRENS CERTIFICATE OF TITLE

A. KINDS 1. OCT The first title issued in the name of a registered owner by the Register of Deeds covering a parcel of land which had been registered under the Torrens System, by virtue of judicial or administrative proceedings. 2. TCT The certificate shall show the number of the next previous certificate covering the same land and also the fact that it was originally registered, giving the record number, the number of the original certificate of title, and the volume and page of the registration book in which the latter is found. (Sec. 43, PD 1529) 3. PATENTS Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It shall be the duty of the official issuing the instrument of alienation, grant, patent or conveyance in behalf of the Government to cause such instrument to be filed with the Register of Deeds of the province or city where the land lies, and to be there registered like other deeds and conveyance. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a
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contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land (sec. 103, PD 1529) B. ENFORCEABILITY OF TORRENS TITLE The title, once registered, is notice to the world. All persons must take notice. No one can plead ignorance of the registration Egao vs. CA.

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B. EFFECT OF REGISTRATION Registration does not vest or give title to the land, but merely confirms and thereafter protects the title already possessed by the owner, making it imprescriptible by occupation of third parties. it does not give the owner any better title than he has. Registration is not a mode of acquiring ownership. A certificate of title cannot be used to protect a usurper from the true owner or as a shield for the commission of fraud (Vagalidad vs. Vagalidad, GR No. 161136. C. ORIGINAL REGISTRATION PROCEEDINGS Steps in Original Registration Proceedings 1) Determine if the land is registrable 2) Determine if you are qualified to apply 3) Survey the land 4) File the application (survey attached) for land registration with the appropriate court 5) Court sets initial hearing 6) Publication of the initial hearing 7) File an opposition to the application 8) Hearing 9) Judgment 10)Issuance of decree 1. WHAT ARE THE REGISTRABLE LANDS? PRIVATE LANDS If in the public domain, the land must be classified as alienable and disposable. It must be classified as such AT THE TIME OF FILING THE APPLICATION FOR REGISTRATION. (Republic vs. CA and Naguit, GR No. 144057) With the exception of agricultural lands, all other natural resources shall not be alienated. (sec. 2 and 3 Art. XII of the Constitution) NON- REGISTRABLE LANDS 1.) Forest or timberland, public forest, forest reserves lands, mineral lands (Sec. 2 and 3 Art. XII of the Constitution) 2.) Those intended for public use, such as roads, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character 3.) Those which belong to the State, without being for public use, and are intended for some
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III. ORIGINAL REGISTRATION

A. LAWS GOVERNING LAND REGISTRATION 1. PD No. 1529 Property Registration Decree covers both ordinary and cadastral registration proceedings. It supersedes the Land Registration Act and the Cadastral Act. 2. CA141 Public Land Act governs the procedure for the judicial confirmation of imperfect or incomplete titles. o It applies to lands of the public domain which have been declared open to disposition or concession and officially delimited and classified o Under section 103 of PD 1529 whenever public land is alienated, granted, conveyed to any person by the government, the same shall be brought forthwith under the operation of the Decree 3. RA No. 8371 The Indigenous Peoples Rights Act (Oct. 29, 1997) recognize the rights of ownership and possession of indigenous cultural communities to their ancestral domains and lands on the basis of native title, and defines the extent of these lands and domains. It expressly converts ancestral lands into public agricultural lands, and individuals members of the cultural communicates shall have the option to secure title to their ancestral lands under the CA 141 or PD 1529.

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public service or for the development of the national wealth. (Art. 420, CC) 2. WHO MAY APPLY? (OCEN-PAAL) 1) Those who by themselves or through their predecessors-in- interest have been in open, continuous, exclusive and notorious (OCEN) possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. 2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. 3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. 4) Those who have acquired ownership of land in any other manner provided for by law. If co-owned, jointly. file the application

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25. (Sec. 3 Article XII of the 1987 Constitution) Private lands may be owned for as long as the corporation is at least 60% Filipino. (sec. 7 Article XII of the 1987 Constitution) 3. SURVEY The survey may be done by a public or private surveyor. When done by a private surveyor it has to be approved by the Land Management Bureau. PD 239 withdrew the authority of the Land Registration Authority to approve original survey plans. 4. APPLICATION The application for land registration shall be: in writing and signed and sworn to by the applicant or the person duly authorized in his behalf If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each. It shall contain: description of the land citizenship and civil status of the applicant o o if married, the name of the wife or husband if the marriage has been legally dissolved, when and how

If sold under pacto de retro, the vendor a retro may file an application for the original registration of the land BUT should the period for redemption expire during the registration proceedings and ownership consolidated in the vendee a retro, the latter shall be substituted for the applicant. A trustee may apply for original registration, unless prohibited by the instrument creating the trust. (Sec. 14, PD 1529) Persons must be natural-born Filipino citizens (sec. 2 Art. XII of the Constitution) Exceptions: (a) Aliens by way of hereditary succession (b) Natural born citizens who have lost their citizenship- limited to 5,000 sqm for urban land and 3 hectares for rural land (RA No. 7042 as amended by RA No. 8179) As for private corporations, they may not hold such alienable lands of the public domain except by lease of 1,000 hectares for 25 years renewable for not more than

full names and addresses of all occupants and those of the adjoining owners, if known if not known, it shall state the extent of the search made to find them. (Sec. 15, PD 1529) If the application describes the land as bounded by a public or private way or road, it shall state WON the applicant claims any portion of the land within the limits of the way or road, and whether the applicant desires to have the line of way or road determined (Sec. 20, PD 1529) If the applicant is a non-resident of the Philippines, he shall file an instrument appointing a resident agent in the Phils. and shall agree that service of nay legal process (Sec. 16, PD 1529) It must be accompanied by the original tracing cloth plan, white or
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blue copes thereof, the original and copies of the technical description and geodetic engineers certification. A person claiming ownership of real property must clearly identify the land claimed by him. Intestate Estate of Don Mariano San Pedro vs. CA. 5. INITIAL HEARING The court shall issue an order setting the date and hour of the initial hearing within five days from filing of the application. The initial hearing shall be 45-90 days from the date of the order. (Sec. 23, PD 1529) 6. PUBLICATION The public shall be notified of the initial hearing by means of (1) publication; (2) mailing; and (3) posting. The court may also cause notice to be served and in such manner as it may deem proper. (a) By Publication The Commissioner of Land Registration shall cause it to be published: once in the Official Gazette (sufficient to confer jurisdiction) and once in a newspaper of general circulation in the Philippines The notice is addressed to: all persons appearing to have an interest in the land the adjoining owners so far as known "to all whom it may concern" (b) By Mailing Within 7 days from publication in the OG, the Commissioner of Land Registration shall mail a copy of the notice to: every person named in the notice whose address is known. the Secretary of Public Highways, to the Provincial Governor, and to the Mayor of the municipality or city, in which the land lies, if the applicant requests to have the line of a public way or road determined
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Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of Mines and/or the Director of Fisheries and Aquatic Resources, (as appropriate) if the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from the application or the proceedings that a tenant-farmer or the national government may have a claim adverse to that of the applicant (c) By Posting CLR shall cause the sheriff or his deputy to post the notice at least 14 days before the hearing: in a conspicuous place on each parcel of land included in the application and in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated (Sec. 23, PD 1529) 7. OPPOSITION Any person claiming an interest may appear and file an opposition: on or before the date of initial hearing, or within such further time as may be allowed by the court. The opposition shall state: all the objections and the interest claimed by the party the remedy desired. It shall be signed and sworn to by him or by some other duly authorized person. (Sec. 25, PD 1529) If no person appears and answers within the time allowed, the court shall, upon motion order a default to be recorded. By the description in the notice "To all Whom It May Concern", all the world are made parties defendant and shall be concluded by the default order. Where an appearance has been entered and an answer filed, a default order shall be entered against
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persons who did not appear and answer. (Sec. 26, PD 1529) Absence of opposition does not justify outright registration Director of Lands vs. Agustin. 8. HEARING Proof of Ownership (a) Tax declaration and receipts- not conclusive but have strong probative value when accompanied by proof of actual possession Municipality of Santiago vs. CA (b) Payment of taxes- payment in one lump sum to cover all past taxes is irregular and affects the validity of the applicants claim of ownership Republic vs. Tayag (c) Spanish titles- admissible 9. JUDGMENT Judgment becomes final upon expiration of 30 days from receipt of notice of judgment (Sec. 30, PD 1529). Other incidents: WRIT OF POSSESSION The writ may be issued not only against the person defeated in the registration case but also against any one adversely occupying the land during the proceedings Vencilao vs. Vano. The writ does not lie against a person who entered the land after the issuance of the decree and who was not a party in the case. He can only be proceeded against in a separate action for ejectment or reinvindicatory action Bernas vs. Nuevo. WRIT OF DEMOLITION This writ is a complement of the writ of possession Gawaran vs. IAC. 10. Issuance of Decree Within 15 days from entry of judgment, the court shall issue an order directing the Land Registration Authority to issue a decree of registration and certificate of Title. The decree of registration shall be signed by the Commissioner, entered and filed in the Land Registration Commission. The original of the original certificate of title shall be
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sent, together with the owner's duplicate certificate, to the Register of Deeds where the property is situated for entry in his registration book. (sec. 39, PD No. 1529). The Register of Deeds shall forthwith send notice by mail to the registered owner that his owner's duplicate is ready for delivery to him upon payment of legal fees. (sec. 40, PD 1529) - - Appeal reckoned from the Solgens receipt of the decision. Becomes final 15 days from receipt

Court retains jurisdiction over the case until after the expiration of 1 year from the issuance of the decree of registration Gomez vs. CA. D. ATTRIBUTES OF AND LIMITATION ON CERTIFICATE OF TITLE AND REGISTERED LAND (FIIC) 1. Free from Liens and Encumbrances except (NCTHA) Those noted in the certificate Liens, claims or rights existing under the laws and Constitution which are not required to appear of record in the Registry of Deeds Unpaid real estate taxes levied and assessed within 2 yrs preceding the acquisition of any right over the land Any public highway or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of such have been determined. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or any other laws on agrarian reform. (Sec. 44, PD 1529) 2. Indefeasible The decree of registration shall not be reopened or revised by reason of absence, minority, or other disability of any person adversely affected thereby. Ground for reopening reviewing the decree registration: Actual fraud. and of

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It must be reopened not later than 1 yr from and after the date of the entry of such decree. No petition shall be entertained where an innocent purchaser for value may be prejudiced. This includes an innocent lessee, mortgagee, or other encumbrancer for value. Upon the expiration of said period of one year, the decree of registration and the certificate of title issued shall become incontrovertible. The only remedy left is an action for damages. (Sec. 32, PD 1529) The rule on the incontrovertible nature of a certificate of title applies when what is involved is the validity of the OCT, not when it concerns that of the TCT Arguelles vs. Timbancaya). 3. Imprescriptible 2) REQUISITES No title to registered land shall be acquired by prescription or adverse possession. (Sec. 47, PD 1529) Prescription is unavailing not only against the registered owner but also against his hereditary successors because the latter merely step into the shoes of the decedent by operation of law and are merely the continuation of the personality of their predecessor-in- interest Barcelona vs. Barcelona. 4. Not Subject to Collateral Attack A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or canceled except in a direct proceeding in accordance with law. (Sec. 48, PD 1529) E. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES General Rule: No title or right to, or equity in, any lands of the public domain may be acquired by prescription or by adverse possession or occupancy except as expressly provided by law. (Sec. 57, CA 141) The Public Land Act recognizes the concept of ownership under the civil law. This ownership is based on adverse possession and the right of acquisition is governed by the Chapter on judicial confirmation of imperfect or incomplete titles.
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This applies only to alienable and disposable (A&D) agricultural lands of the public domain. Under Sec. 6 of CA 141, the classification of public lands into A&D, forest lands, or mineral lands is the prerogative of the Executive Department. The rule on confirmation of imperfect title does not apply unless and until the land classified as, say, forest land, is released in an official proclamation to that effect so that if may form part of the disposable agricultural lands of the public domain. (Bracewell vs. CA, GR. NO 107247) 1) PERIOD OF FILING RA No. 9176 extended the period to file an application for judicial confirmation of imperfect or incomplete title to December 31, 2020. It further limited the area applied for to 12 hectares.

Filipino citizen He must have, by himself, or thru his predecessors-in- interest, possessed and occupied an alienable and disposable agricultural portion of the public domain Such possession and occupation must have been OCEN and in the concept of owner since June 12, 1945 Application filed with proper court 3) PRIVATE CORPORATIONS Where at the time the corporation acquired the land, its predecessor- in-interest had been in possession and occupation thereof in the manner and for the period prescribed by law as to entitle him to registration in his name, then the proscription against corporation acquiring alienable lands of the public domain does not apply for the land was no longer public land but private property Dir. Of Lands vs. IAC and

Acme Plywood and Veneer Co., G.R. 73002. Since the land is private,
the corporation can institute confirmation proceedings. * Requirements of the proceedings are governed by PD 1529.

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LAND TITLES AND DEEDS IV. CADASTRAL REGISTRATION PROCEEDINGS

Unlike other kinds of registration, this is compulsory as it is initiated by the government. Steps in Cadastral Registration Proceedings (sec. 35-36, PD 1529): 1. Determination of the President that public interest requires title to unregistered lands be settled 2. Director of lands shall make a cadastral survey 3. Director of Lands gives notice to interested persons 4. Publication of notice 5. A copy of the notice shall also be sent to the mayor and the sanggunian 6. Geodetic engineers/ Bureau of Land employees shall notify (re: survey) by posting at the municipal building 7. Interested persons should communicate with the geodetic engineer if he requests for any information about the land 8. Actual survey/ plotting of the land 9. Director of Lands represented by Solgen shall institute original registration proceedings 10. Publication, mailing posting 11. Hearing 12. Decision 13. Issuance of the decree and certificate of title
NOTE In voluntary registration proceedings, there is no res judicata when the applicant fails to prove his title. In cadastral registration, if the applicant cannot prove that he is entitled to the land, the land becomes public land. There is res judicata.

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An owner of registered land may convey, mortgage, lease, charge or otherwise deal with the same in accordance with existing laws. The deed, mortgage, lease, or other voluntary instrument, except a will shall ONLY operate as: 1.) A contract between the parties and 2.) Evidence of authority to the Register of Deeds to make registration. The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned, and in all cases under this Decree, the registration shall be made in the office of the Register of Deeds for the province or city where the land lies. (Sec. 51, PD 1529) Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land shall, if registered, filed or entered in the office of the Register of Deeds be constructive notice to all persons from the time of registering. (sec. 52, PD 1529) C. VOLUNTARY VS. INVOLUNTARY DEALINGS VOLUNTARY DEALINGS Ex. Sale, mortage, lease, patent, powers of attorney, trusts INVOLUNTARY DEALINGS Attachment, injunction, mandamus, levy on execution, notice of lis pendens Entry in the day book is sufficient notice to all persons

V. SUBSEQUENT REGISTRATION
A. TWO TYPES OF DEALINGS 1. VOLUNTARY DEALINGS Deeds, instruments, documents which are the results of free and voluntary acts of parties thereto. 2. INVOLUNTARY DEALINGS Writ, order, or process issued by the court of record affecting registered land, also other instruments which are not willful acts of the registered owner, executed without his knowledge or consent. B. NECESSITY/EFFECTS OF REGISTRATION

Presentation of the owners duplicate certificate of title is required to notify; mere entry insufficient An innocent purchaser for value of registered land becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the
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Entry thereof in the day book of the ROD is sufficient notice to all persons even if the owners duplicate certificate of title is not presented to the ROD. (Lenin vs. Bass, 1952)

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owners duplicate certificate of title covering the land sold and pays the registration fees. It is necessary to register the deed or instrument in the entry book and a memorandum thereof shall also be made in the owners duplicate certificate and its original (Villasor vs. Camon, 1951)

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show that it is qualified to acquire private lands. (Sec. 55, PD 1529) Present owners duplicate. The issuance of a new transfer certificate without presentation of such is un warranted and confers no right on the purchaser PNB vs. Fernandez, 1935 Show that you have paid taxes. RA 456 prohibits registration of documents affecting real property which is delinquent in the payment of real estate taxes. If evidence of such pament is not presented with 15 days form the date of entry of said document in the primary entry book of the register of deeds the entry shall be deemed cancelled. Pay fees and DST (government is exempt) Register of Deeds shall enter the instruments filed with him relating to registered land. He shall note in such book the date, hour and minute of reception of all instruments, in the order in which they were received. They shall be regarded as registered from the time so noted, and the memorandum of each instrument, when made on the certificate of title to which it refers, shall bear the same date. (sec. 56, PD 1529) All deeds and voluntary instruments shall be presented with their respective copies and shall be attested and sealed by the Register of Deeds, endorsed with the file number, and copies may be delivered to the person presenting them. (sec. 56, PD 1529) TCT shall be issued.

2.

Entry in the day book is sufficient notice to all persons of an adverse claim without the same being annotated at the back of the certificate of title (Dir. Of Lands vs. Reyes, 1976)

3.

General Rule: A person dealing with registered property need not go beyond, but only has to rely on, the title. He is charged with notice only of such burdens and claims which are annotated on the title, for registration is the operative act that binds the property Campillo vs. PNVB. When should a purchaser investigate? Banks are required to exercise more care and prudence in dealing with registered lands for their business is one affected with public interest. The general rule does not apply. when party concerned has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry Leung Yee vs. Strong Machinery When purchaser is in bad faith; e.g. he had full knowledge of a previous sale Jamoc vs. CA, 1991 When a person buys land from one whose rights over the land is evidenced only by a deed of sale and an annotation in the certificate of title but no TCT Quiniano vs. CA D. REGISTRATION OF VOLUNTARY INSTRUMENTS Steps in registration in general: 1. File with the Register of Deeds the voluntary instrument for registration (Sec. 54, PD 1529). It shall contain full name, nationality, residence and postal address of the grantee or other person acquiring or claiming an interest under such instrument. It shall also contain the grantees civil status. If the grantee is a corporation or association, it must

4. 5.

6.

7.

E. REGISTRATION OF DEEDS OF SALE (CONVEYANCES) AND TRANSFERS 1. ENTIRE PROPERTY IS SUBJECT SECTION 57 a. An owner shall execute and register a deed of conveyance in a form sufficient in law. b. The Register of Deeds shall thereafter make out in the registration book a new certificate of title to the grantee and shall prepare and deliver to him an owner's duplicate certificate. c. The Register of Deeds shall note upon the original and duplicate certificate the date of transfer, the volume and page of the
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registration book in which the new certificate is registered and a reference by number to the last preceding certificate. d. The original and the owner's duplicate of the grantor's certificate shall be stamped "canceled". e. The deed of conveyance shall be filed and indorsed with the number and the place of registration of the certificate of title of the land conveyed. 2. PORTION OF PROPERTY IS SUBJECT SECTION 58 a. Have the plan showing all the portions or lots into which it has been subdivided and the corresponding technical descriptions verified and approved. Otherwise, such deed may only be annotated by way of memorandum to serve as a notice to third persons of the fact that certain unsegregated portion of the land described therein has been conveyed b. The original of the plan and a certified copy of the technical descriptions shall be filed with the Register of Deeds for annotation in the corresponding certificate of title c. Officer shall issue a new certificate of title and cancel the grantor's certificate partially with respect only to said portion conveyed, OR certificate may be canceled totally and a new one issued describing therein the remaining portion 3. SUBSISTING ENCUMBRANCES/ ANNOTATIONS Encumbrances or annotations that appear in the registration book shall be carried over in the new certificate or certificates; except so far as they may be simultaneously released or discharged. (Sec. 59, PD 1529) F. MORTGAGES AND LEASES Mortgage and leases shall be registered in the manner provided in Section 54 of this Decree. Such deed of mortgage or lease shall take effect upon the title only from time of registration. (Sec. 60, PD 1529) Upon presentation for registration of the deed of mortgage or lease with the owner's duplicate, the Register of Deeds shall enter upon the original of
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the certificate of title and also upon the owner's duplicate certificate a memorandum thereof and shall sign. (Sec. 61, PD 1529) G. POWERS OF ATTORNEY; TRUSTS Powers of attorney to deal with registered land shall be registered with the Register of Deeds of the province or city where the land lies. Revocation of power shall be registered in like manner (Sec. 64, PD 1529). To transfer registered land in trust or to create or declare a trust or other equitable interests in such land without transfer, the particulars of the trust shall not be entered on the certificate; but only a memorandum thereof shall be entered by the words "in trust", or "upon condition", or other apt words, and by a reference by number to the instrument. A similar memorandum shall be made upon the original instrument (Sec. 65, PD 1529). No instrument which transfers, mortgages or in any way deals with registered land in trust shall be registered, unless the enabling power thereto is expressly conferred in the trust instrument, or unless a final judgment or order of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of such judgment or order may be registered (Sec. 66, PD 1529). Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the Register of Deeds a sworn statement. Such claim shall not affect the title of a purchaser for value and in good faith before its registration (Sec. 68, PD 1529). H. INVOLUNTARY DEALINGS 1. ATTACHMENT An attachment, or a copy of any writ, order or process issued by a court of record, intended to create or preserve any lien, status, right, or attachment upon registered land, shall be filed and registered in the Registry of Deeds for the province or city in which the land lies. It shall contain a reference to the number of the certificate of title to be affected and its registered owner. If not claimed on all the land, include a description sufficiently accurate for identification of the land affected.
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A restraining order, injunction or mandamus issued by the court shall be entered and registered on the certificate of title affected, free of charge. (sec. 69, PD 1529) The duplicate certificate must be presented for registration. If not, the Register of Deeds shall, within 36 hours, send notice by mail to the registered owner, stating that such paper has been registered, and requesting him to send or produce his duplicate certificate so that a memorandum of the attachment or other lien may be made thereon. If the owner neglects or refuses to comply within a reasonable time, the Register of Deeds shall report the matter to the court so that it may order the owner to produce his certificate. (sec. 70, PD 1529) In case of conflict between a vendee and an attaching creditor, if the attaching creditor registered first then he acquires a valid title over the property. But where a party has knowledge of a prior existing interest, which is unregistered at the time he acquired a right to the same land, his knowledge of that prior unregistered interest has the effect of registration as to him Ruiz vs. CA, 2001. 2. EXECUTION AND TAX DELINQUENCY SALES Whenever registered land is: - sold on execution - taken or sold for taxes or for any assessment or - to enforce a lien of any character, or for any costs and charges incident to such liens Any execution, any officer's return, or any deed, demand, certificate, or affidavit, or other instrument made in the course of the proceedings, shall be filed with the Register of Deeds and registered in the registration book, and a memorandum made upon the proper certificate of title in each case as lien or encumbrance. (Sec. 74, PD 1529) 3. NOTICE OF LIS PENDENS This does not create a lien. Notice of lis pendens may involve actions that deal not only with title or possession of a property but also with the use or occupation of property. The litigation must directly involve a specific property which is
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necessarily affected by judgment. It is proper in the ff cases: - action to recover possession of real estate - action to quiet title - action to remove clouds upon the title - action for partition or - other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon A memorandum or notice must be filed and registered so that judgment shall have an effect on the land and 3rd persons. It should contain: - institution of such action or proceeding - in which court it is pending - date of the institution - number of the certificate of title - description of the land affected and - the registered owner (sec. 76, PD 1529) It is not proper in: - preliminary attachments - proceedings for probate of wills - levies on execution - proceedings for administration of estates - proceedings the object of which is a money judgment * In case of subsequent sales or transfers, the Register of Deeds is duty bound to carry over the notice of lis pendens on all titles to issued. Before final judgment, the court may order the cancellation: - After showing that notice is only for purpose of molesting an adverse party - When it is shown that it is not necessary to protect the right of the party who caused the registration thereof - When the consequences of the trial are unnecessarily delaying the determination of the case to the prejudice of the other party - When party who caused registration filed a verified petition - Deemed cancelled when certificate issued by clerk of court stating manner of disposal of proceeding is registered at any time after final judgment in favor of the defendant, or other disposition of the action such as to terminate finally all rights of the plaintiff (Sec. 77, PD 1529)
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4. ADVERSE CLAIM WHEN IS A CLAIM ADVERSE? When a person claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration. (Sec. 70, PD 1529) The adverse claim shall be effective for a period of 30 days from the date of registration. After that the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by the party in interest. After cancellation, no second adverse claim based on the same ground shall be registered by the same claimant (Sec. 70, PD 1529). Requisites: 1. The adverse claimant must state the ff in writing: - his alleged right or interest - how and under whom such alleged right or interest is acquired - the description of the land in which the right or interest is claimed and - the number of the certificate of title 2. The statement must be signed and sworn to before a notary public or other officer authorized to administer oath and 3. The claimant should state his residence or the place to which all notices may be served upon him. Non-compliance with the above requisites renders the adverse claim non registrable and ineffective.

CIVIL LAW
appeal the matter to the Commissioner of Land Registration. Any recording made under this section shall be without prejudice to a third party with a better right. Tax sale, attachment and levy, notice of lis pendens, adverse claim with respect to unregistered lands shall likewise be admissible to record. Fees shall be same amount of fees prescribed for similar services for the registration of deeds or instruments concerning registered lands.

VII. Patents
The classification of public lands is a function of the executive branch of government Republic vs. Imperial, 2000. Lands of the public domain which are alienable or open to disposition may be further classified as: - agricultural - residential, commercial, industrial, or for similar productive purposes - educational, charitable or other similar purposes - reservations for townsites and for public and quasi- public uses MODES OF DISPOSITION Public lands suitable for agricultural purposes can be disposed of only as follows: - homestead settlement - sale - lease - confirmation of imperfect or incomplete titles o judicial legalization o administrative legalization (free patent) Kinds Homest ead Patent Applicant The Public Land Act provides that any Filipino citizen over the age of 18 or head of the family may enter a homestead Requirements - Max of 12 hectares of agricultura l land - Applicant must have cultivated and improved at least 1/5 of the land continuous ly since the approval of the application resided for
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VI. DEALINGS WITH UNREGISTERED LANDS

No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not registered under the Torrens system shall be valid, except as between the parties thereto, unless such instrument shall have been recorded under PD 1529. (Sec. 113, PD 1529) The recording of the deed and other instruments relating to unregistered lands shall be effected by any of annotation on the space provided therefor in the Registration Book, after the same shall have been entered in the Primary Entry Book. In case the Register of Deeds refuses to record, said official shall advise the party in interest in writing and the latter may
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at least 1 yr in the municipalit y in which the land is located or in an adjacent to the same Payment of fee required Sold thru sealed bidding Purchase price may be paid in full upon the making of the award or in not more that 10 installment s from the date of the award Purchaser shall have not less than 1/5 of the land cultivated w/in 5 yrs from the date of the award Before any patent is issued he must show actual occupancy, cultivation and improveme nt of at least 1/5 of the land until the date of final payment. Lands reclaimed by the govt and foreshore shall be disposed by lease only Marshy
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CIVIL LAW
residen tial purpos es reisides - have established in good faith his residence on a parcel of public land which is not needed for public service (RA 730) lands and other lands may be sold on condition that the purchaser shall make improveme nts of a permanent character for the purpose for which the land is purchased w/in 18 moms. From the date of the award. exception to CA 141 - area does not exceed 1,000 sqm - it shall be an essential condition of this sale that the occupants has constructe d his house on the land and occupants has constructe d his house on the land and actually resided therein -does not own more than 12 hectares of land - continuously occupied and cultivated, either by himself or his predecessors- in-interest, tracts of agricultural public lands subject to -
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Sales Patent

Public Agricult ural Lands

Any Filipino of lawful age or the head of a family may purchase any tract of public agricultural land not to exceed 12 hectares.

- -

Lands for residen tial, comme rcial or industri al purpos es

Free patent

- -Filipino citizen of legal age - not the owner of a home lot in the mun where he

To any natural born Filipino citizen (filing ended Dec. 31, 2000)

Lands for
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disposition for at least 30 years prior to March 28,1990 - paid real property taxes on the property while the same has not been occupied by any person Issued upon the promulgation of a special law or act of Congress or by the Sec of DENR as authorized by an EO e.g. issued by the Pres. In 1988 to the Public Estates Authority under PD 1085 over 3 reclaimed islands in the name of PEA Action for Reconv eyance for Review

CIVIL LAW
1. petitioner must have an estate or interest in the land 2. he must show actual fraud 3. petition must be filed within one year form the issuance of the decree by LRA 4. property has not yet passed to an innocent purchaser for value. Walstrom vs. Mapa, GR No. 38387 Grounds: - extrinsic fraud, - void decision for want of due process - lack of jurisdiction Under the Torrens system of registration, the Torrens still becomes indefeasible and incontrovertible one year form the issuance of the final decree and is generally conclusive evidence of the ownership (Calalang vs. Register of Deeds). This applies as well to title acquired through homestead or free patents Iglesia ni Cristo vs. CFI, GR No. L- 35273 - before issuance of decree, or within/after 1 year from entry - if based on implied trust, 10 years; - if based on expressed trust and void contract, imprescriptible - if based on fraud, 4 years from the discovery It does not reopen proceedings but a mere transfer of the land from registered owner to the rightful owner Esconde vs. Barlongay. It is available in case of fraud thereby creating a constructive trust between parties Huang vs. CA. It is not available if the property has already been transferred to an innocent purchaser for value. It can be availed of when reconveyance is no longer possible as when the land has been transferred to an innocent purchaser for value
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Special patent

VIII. REMEDIES OF AGGRIEVED PARTY

Motion for New Trial - 15 days from notice of judgment Grounds: - Fraud, accident, mistake, excusable negligence - Newly discovered evidence - Awarded excessive damages, or insufficiency of evidenc, or that the decision is against law - 15 days from notice - appealable to the CA or to the SC in the same manner as in ordinary actions - 60 days after petitioner learns of judgment, but not more than 6 months after judgment was entered Grounds: Fraud, accident, mistake, excusable negligence Requisites:
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Appeal

Relief from Judgm ent

Damag es

Petition
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Ching vs. CA. Requisites: - A person sustains loss or damage or is deprived by any estate or interest in land - On account of bringing of land under the Torrens system - Through (FEMOM) fraud, error, mistake, omission, or misdescription in the certificate of entry in the registration book - Without negligence on his part - And is barred from bringing an action for recovery of the land. - The action has not prescribed. It must be instituted within 6 years from the time the right to bring such action first occurred-- > date of issue of the certificate of title Against whom filed: against the Register of Deeds and the National Treasurer if FEMOM is caused by court personnel, Register of Deeds, his deputy or other employees of the Registry If other those above mentioned: the Register of Deeds, the National Treasurer and other person or persons, as co-defendants. Annulm Grounds: extrinsic fraud and ent of lack of jurisdiction. Judgm ent Ordinary remedies of appeal, motion for new trial etc should no longer be available. If based on extrinsic fraud, file 4 within years from discovery. If based on lack of jurisdiction, before it is barred by laches or estoppel Galicia vs. Marquez 2007. Reversi Instituted by the on government, thru Solgen in all cases where lands of public domain are held in violation of the Constitution or were fraudulently conveyed. Action for Compe nsation from the Assura nce Fund39

CIVIL LAW
Indefeasibility of title, prescription, laches, and estoppel do not bar reversion suits. Perjury, Forgery, Others involving fraud

Crimin al Action

IX. REPLACEMENT AND RECONSTITUTION

A. REPLACEMENT In case of loss or theft of an owner's duplicate certificate of title, due notice under oath shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province or city where the land lies as soon as the loss or theft is discovered. If a duplicate certificate is lost or destroyed, or cannot be produced by a person applying for the entry of a new certificate to him or for the registration of any instrument, a sworn statement of the fact of such loss or destruction may be filed by the registered owner or other person in interest and registered. Upon the petition of the registered owner or other person in interest, the court may, after notice and due hearing, direct the issuance of a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all respects be entitled to like faith and credit as the original duplicate, and shall thereafter be regarded as such for all purposes of this decree. B. RECONSITUTION Original copies of certificates of title lost or destroyed in the offices of Register of Deeds as well as liens and encumbrances affecting the lands covered by such titles shall be reconstituted judicially in accordance with the procedure prescribed in Republic Act No. 26 insofar as not inconsistent with this Decree. The procedure relative to administrative reconstitution of lost or destroyed certificate prescribed in said Act is hereby abrogated. Notice of all hearings of the petition for judicial reconstitution shall be given to the Register of Deeds of the place where the land is situated and to the Commissioner of Land Registration. No order or judgment ordering the reconstitution of a certificate of title shall become final
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Upon registration, there shall be paid to the Register of Deeds of 1% of the assessed value of the real estate on the basis of the last assessment for taxation purposes, as contribution to the Assurance Fund.

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until the lapse of thirty days from receipt by the Register of Deeds and by the Commissioner of Land Registration of a notice of such order or judgment without any appeal having been filed by any of such officials.

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