Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Since the subject lands are alienable and disposable lands of the
public domain, the applicants may acquire title thereto only under
the PLA.
Applicants could not acquire land through adverse possession
since the land was only classified as alienable in 1963 AND their
possession only started in 1950.
(Note: Substantial requirements for public lands are in the PLA
but the procedural requirements are in the PRD.)
Civil Code provisions on prescription, which is subject to
confirmation under the PRD, in general applies to all types of land.
However, excluded therefrom are lands of the public domain which
are covered by the PLA [special law v. general law]
1.
Governing Laws
Property Registration Decree or P.D. 1529
Administration
Registries of Deeds
Clients needing information about title to lands go to Registry of Deeds (RD) office
concerned. It is in this office that the service rendered to the public by the Land
Registration Authority is almost done. Today, there are 168 RDs nationwide.
Specifically, an RD is tasked with the following:
1. Register deeds affecting registered (Act 496) and unregistered (Act 3344)
properties as well as deeds on personal properties under the Chattel Mortgage Law;
2. Entry and issuance of original certificates of title (OCT) pursuant to judicial decrees
and patents; entry and issuance of all transfer certificates of title pursuant to
registration of all subsequent dealings, voluntary or involuntary, on registered lands;
3. Collection of entry, registration, legal research and assurance fund fees in
accordance with the rates provided by the law;
4. Reconstitution of lost certificates of title in accordance, with the provisions of
Republic Act No. 26 as amended by PD 1529;
5. Cooperation with other agencies of government in the collection of taxes and fees
such as land transfer tax, capital gains tax, donor's gift tax, estate tax, real estate tax,
residence tax, privilege tax;
6. Cooperation with other government agencies regarding the land reform program
under PD 27 by complying with land reform requirements prior to registration;
7. Repository of all titles, deeds, and records within the limits of its jurisdiction.
8. It is also responsible for the following services;
1.
Certificate of Title
2.
Three brothers owned several parcels of land located in ilocos norte where 2
OCTs are involved. Petitioners filed for writ of possession over the lots
against respondent. Respondent opposed the motion, admitting that he is
only in possession of the lots covered by Original Certificate of Title No.
22161, but denying that he possesses the lots covered by Original
Certificate of Title No. 8066; however, he claims that he acquired possession
by way of absolute sale from petitioners' brother. Meteo and juan filed
motion to compel respondent to deliver to them the owners duplicate of the
OCTs. Respondent opposed the motion.
National Grains Authority v. IAC, G.R. No. L-68741 Jan. 28, 1988
Sps. Vivas and lizard sold their property to the private respondents and they agreed
to pay the remaining balance once the title certificate is issued. However the OCT
covering the property sold was issued in the name of sps vivas and lizardo. The sps
then mortgage the property in favor of national grains authority. Failure of the sps to
settle their obligations, extrajudicial foreclosure was made. NGA being the highest
bidder acquired the property and TCT was issued in NGAs name. respondents filed a
complaint and prayed that they be declared the owners. Private respondents claim a
better right to the property in question by virtue of the Conditional Sale, later changed
to a deed of Absolute Sale which although unregistered under the Torrens System
allegedly transferred to them the ownership and the possession of the property in
question.
under Section 44 of P.D. 1529, every registered owner receiving a certificate of title in
pursuance of a decree of registration, and every subsequent purchaser of registered
land taking a certificate of title for value and in good faith, shall hold the same free
from all encumbrances except those noted on the certificate and any of the
encumbrances which may be subsisting, and enumerated in the law. Under said
provision, claims and liens of whatever character, except those mentioned by law as
existing, against the land prior to the issuance of certificate of title, are cut off by such
certificate if not noted thereon, and the certificate so issued binds the whole world,
including the government. Persons dealing with property covered by a Torrens
certificate of title are not required to go beyond what appears on the face of the title.
When there is nothing on the certificate of title to indiciate any cloud or vice in the
ownership of the property, or any encumbrance thereon, the purchaser is not required
to explore further than what the Torrens upon its face indicates in quest for any
hidden defect or inchoate right that may subsequently defeat his right thereto.
Indefeasibility
Caraan v. CA, G.R. No. 140752. Nov. 11, 2005
private respondents are the registered owners of the real property loc in Q.C. they
discovered that the land was being occupied by petitioner who had built his residential
house and such occupancy by petitioner was effected through fraud, strategy and
stealth without private respondents knowledge and consent. demands to vacate, both
oral and written, were made upon petitioner but to no avail. Respondents filed for
accion reivendicaturia against the petioners before the RTC. Petitioner contends he
had acquired the land in question through extra-ordinary prescription of thirty years of
continuous, public, open and uninterrupted possession and that he has a better right
since respondents TCT was derived from a OCT that was declared null and void by
the RTC.
WON respondents contention is correct.
a certificate of title serves as evidence of an indefeasible title to the property
in favor of the person whose name appears therein. Private respondents
having presented TCT, they have thus proven their allegation of ownership
over the subject property.
Section 48, Presidential Decree No. 1529 (P.D. No. 1529), provides that a certificate
of title shall not be subject to collateral attack. It cannot be altered, modified, or
cancelled except in a direct proceeding in accordance with law. the Court defined a
collateral attack on the title in this wise:
When is an action an attack on a title? It is when the
object of the action or proceeding is to nullify the title, and thus
challenge the judgment pursuant to which the title was decreed.
The attack is direct when the object of an action or proceeding is to
annul or set aside such judgment, or enjoin its enforcement. On
the other hand, the attack is indirect or collateral when, in an action
to obtain a different relief, an attack on the judgment is
nevertheless made as an incident thereof.
In an action for recovery of possession, the defense of the possessor that
the plaintiffs certificate of title is void is a collateral attack which is prohibited
under PD 1529.
the defense of prescription of Caraan cannot stand against the Certificate of
Title of Cosme because under section 47, PD 1529, no title to registered
land in derogation of the title of the registered owner shall be acquired by
prescription or adverse possession.
De Guzman v. Agbagala, G.R. No. 163566. Feb. 19, 2008
Sps Javier and sison left 13 parcels of land which their children inherited and divided
among themselves in a public document of extrajudicial partition. Five of the parcels
of land were inherited by Carmen. On February 25, 1984, she died single, without
any compulsory heir and survived only by her sisters Encarnacion, respondent
Praxides, Juana and brother Nicasio. One afternoon, a certain Rosing Cruz went to
their house to borrow P30,000 from Milagros and offered as collateral a document
which turned out to be a deed of donation signed by Carmen in favor of her niece
Madelene Javier Cruz which She found out that it was indeed duly registered in the
registry of deeds. respondent filed civil case against Madelene praying that the deed
of donation be nullified, as well as the subsequent transfers to other parties of the
properties covered by the spurious donation. Respondent claimed that the deed of
donation was fake and This was confirmed by the handwriting expert of the National
Bureau of Investigation that the purported signature of the late Carmen on the deed of
donation was forged. petitioners claimed that they applied for a free patent over the
subject area and they were issued free patent no. 165790. During the trial, Original
Certificate of Title (OCT) No. P-30187 was registered in their name. RTC declared the
deed of donation in favor of Madelene null and void ab initio, canceled the deeds of
sale executed by Madelene in favor of the defendants, declared null and void OCT
No. P-30187 in the name of petitioners and CA affirmed. Hence this petition raising
the lone issue of whether OCT No. P-30187 was correctly nullified considering that it
cannot be the subject of collateral attack under Section 48 of PD 1529.
WON
a decree of registration or patent and the certificate of title issued pursuant thereto
may be attacked on the ground of falsification or fraud within one year from the date
of their issuance. Such an attack must be direct and not by a collateral proceeding.
An action is deemed an attack on a title when the object of the action or
proceeding is to nullify the title and thus challenge the judgment pursuant to which the
title was decreed. The attack is direct when the object of the action is to annul or set
aside such judgment, or enjoin its enforcement. On the other hand, the attack is
indirect or collateral when, in an action to obtain a different relief, an attack on the
judgment is nevertheless made as an incident thereof
In the present case, the attack on OCT No. P-30187 was merely collateral
because the action was principally for the declaration of nullity of the deed of donation
and the other deeds of conveyance which followed.
However, the principle of indefeasibility does not apply when the patent and
the title based thereon are null and void. An action to declare the nullity of a void title
does not prescribe and is susceptible to direct, as well as to collateral, attack. OCT
No. P-30187 was registered on the basis of a free patent which the RTC ruled was
issued by the Director of Lands without authority. The petitioners falsely claimed that
the land was public land when in fact it was not as it was private land previously
owned by Carmen who inherited it from her parents. Since the Director of Lands has
no authority to grant a free patent over privately owned land, any title issued pursuant
thereto is null and void.
Heirs of Maximo Labanon v. Heirs of Constancio Labanon, G.R. No. 160711. Aug, 14,
2004
Constancio Labanon settled and cultivated a piece of alienable and disposable public
agricultural land. Being of very limited educational attainment, he found it difficult to
file his public land application over said lot. Constancio then asked his brother,
Maximo Labanon who was better educated to file the corresponding public land
application under the express agreement that they will divide the said lot as soon as it
would be feasible for them to do so. OCT was registered in favir of Maximo. Maximo
Labanon executed a document denominated as Assignment of Rights and
Ownership to safeguard the ownership and interest of his brother Constancio
Labanon and again Maximo also executed a sworn statement reiterating his desire
that his elder brother Constancio, his heirs and assigns shall own the eastern portion
of the Lot. After the death of Constancio Labanon, his heirs executed an [e]xtrajudicial settlement of estate with simultaneous sale over the aforesaid eastern portion
of the lot in favor of Alberto Makilang, the husband of Visitacion Labanon, one of the
children of Constancio. However the defendants heirs of Maximo Labanon caused to
be cancelled from the records of the defendant Provincial Assessor of Cotabato the
aforesaid TD No. 11593. Alberto Makilang, demanded the owners copy of the
certificate of title covering the aforesaid Lot to be surrendered to the Register of
Deeds of Cotabato so that the ownership of the heirs of Constancio may be fully
effected but the defendants refused and still continue to refuse to honor the trust
agreement entered into by the deceased brothers. petitioners filed a complaint for
Specific Performance, Recovery of Ownership, Attorneys Fees and Damages with
Writ of Preliminary Injunction and Prayer for Temporary Restraining Order against
respondents. RTC ruled in favor of petitioners but CA reversed it.
Whether or not Original Certificate of Title No. 41320 issued on April 10, 1975 in the
name of MAXIMO LABANON be now considered indefeasible and conclusive.
The principle of indefeasibility of a TCT is embodied in Section 32 of Presidential
Decree No. (PD) 1529, amending the Land Registration Act, which provides:
Section 32. Review of decree of registration; Innocent
purchaser for value. The decree of registration shall not be
reopened or revised by reason of absence, minority, or other
disability of any person adversely affected thereby, nor by
any proceeding in any court for reversing judgments,
subject, however, to the right of any person, including the
government and the branches thereof, deprived of land or of
any estate or interest therein by such adjudication or
confirmation of title obtained by actual fraud, to file in the
proper Court of First Instance a petition for reopening and
review of the decree of registration not later than one year
from and after the date of the entry of such decree of
registration, but in no case shall such petition be entertained
by the court where an innocent purchaser for value has
acquired the land or an interest therein, whose rights may
be prejudiced. Whenever the phrase innocent purchaser for
value or an equivalent phrase occurs in this Decree, it shall
be deemed to include 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. Any person aggrieved by such
of Plan and Technical Description of OCT No. 0-28 in the name of Benjamin
Guerrero]. The [respondent] Benjamin Guerrero filed a motion to dismiss the petition
alleging that the title sought to be amended was irrevocable and can no longer be
questioned. The trial court likewise ruled that the original certificate of title (OCT No.
0-28) in the name of respondent acquired the characteristics of indefeasibility after
the expiration of one (1) year from the entry of the decree of registration. Affirmed by
CA.
WON that a certificate of title issued pursuant to any grant or patent involving public
lands is conclusive and indefeasible despite the fact that respondents title was
procured through fraud and misrepresentation.
A petition for review of the decree of registration must be filed within one
year from the date of entry of the decree. And in case of public lands, the
one-year period commences from the date of issuance of the patent by the
Government. Here, the sales patent was issued on 1982 and this action to
amend the certificate was filed only in 1989. Moreover, an administrative
claim, although filed within the 1-year prescriptive period, does not serve to
toll the 1-year period. A petition for review of the decree of registration refers
to a review of the decree of registration in the Regular Courts and not in the
Bureau of Lands.