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CADASTRAL REGISTRATION PROCEEDINGS

CERTIFICATE OF TITLE

Cadastral Survey

Original Certificate of Title

Cadastral surveying is that branch of


surveying which is concerned with the
survey and demarcation of land for the
purpose of defining parcels of land for
registration in a land registry.

Application/Purpose:
-

The certificate of title issued for the


first time after initial registration
proceedings.
Constitutes a true copy of the decree
of registration.
It accumulates in one document a
precise and correct statement of the
exact status of the fee simple title
which an owner possesses.

For the settlement and adjudication of


unregistered lands through cadastral
proceedings.
Transfer Certificate of Title

When VESTED:
-

In the absence of fraud, title to land in


a cadatral proceeding is vested on the
owner
of
the
land
upon
the
EXPIRATION of the PERIOD TO APPEAL
from the decision or adjudication byTitle
the cadastral court, without such
appeal being perfected; and
From that time the land becomes
registered property which cannot be
lost by adverse possession.

Subsequent title issued pursuant to


any
voluntary
or
involuntary
instrument affecting the property
covered by the original certificate of
title.

Refers to that which ownership is


based.
It is the evidence of the right of the
owner or the extent of his interest, by
which he can maintain control and, as
a rule, assert right to exclusive
possession and enjoyment of the
property.

Only UNREGISTERED LANDS may be the


subject of a cadastral survey.
Lands already titled are excluded from
Certificate of title
the survey.
A registration court has no jurisdiction to
- Is a mere evidence of ownership.
decree again the registration of land
- It is not the title to the land itself.
already decreed in an earlier land
- Accumulates a precise and correct
registration case and a second decree for
statement of the exact status of the
the same land is NULL and VOID.
fee simple title, which the owner has.
Jurisdiction of the cadastral court over
previously titled lands limited to the What appears in the face of the title is
controlling on questions of ownership
correction of technical errors in the
since the certificate of title is an absolute
description of the land.
Decision declaring land as public land is
and indefeasible evidence of ownership of
property in favor of the person whose
not a bar to a subsequent action for
name appears thereon.
confirmation of title over the same land.
Neither prescription nor laches may The decree binds the land and is
conclusive against the whole world.
render inefficacious a decision in a land

Sanctity of a certificate of title must be


registration case.
The failure on the part of the
preserved; titleholder should not suffer
the negligence of the States agents.
administrative authorities to do their part
in the issuance of the decree of Validity and correctness of the title is
presumed.
registration cannot oust the prevailing
Tax
declarations
cannot
defeat
party from ownership of the land.
conclusiveness of a certificate of title.

Innocent Purchaser for Value


-

the payment
obligation.

of

some

debt

or

Is one who buys the property of


another, without notice that some Encumbrance
other person has a right or interest in
- A burden upon land, depreciative of its
such property and pays the full price
value, such as a lien, easement or
for the same, at the time of such
servitude, which, though adverse to
purchase or before he has notice of
the interest of the landowner, does not
the claims or interest of some other
conflict with his conveyance of the
person in the party.
land in fee.
General Rule:
Example Encumbrances:
- Certificate of title is free from liens.
1. Mortgage
2. Judgment lien
Exception:
3. Lease
The following may limit the registered
4. Security interest
owners absolute title over the property:
5. Easement or right of way
6. Accrued and unpaid taxes.
1. Liens, claims or rights existing or
arising under the laws;
Statutory Lien
2. Unpaid real estate taxes levied;
- Those liens that are provided by the
3. Any public highway or private way
statutes or laws.
established or recognized by law;
- Purpose: to give to the person
4. Any disposition of the property or
registering, and to his transferee for
limitation on the use thereof;
value, an absolutely clean title, one
5. Rights incident to the relation of
not subject to hidden defects, to
husband and wife, and landlord and
undeveloped or inchoate claims, to
tenant;
any sort of restriction, limitation or
6. Liability to attachment or levy on
reduction except those named in the
execution;
7. Liability to any lien of any description
certificate of registration or described
established by law on the land and the
in the law.
building;
8. Rights incident to the laws of descent Rule where Title is in the Name of Only One
Spouse:
or partition between co-owners;
9. Taking of the property through
- When property is registered in the
imminent domain;
name of a spouse only and there is no
10.Right to relieve the land from liability
showing as to when the property was
to be recovered by an assignee in
acquired by said spouse, this is an
insolvency or trustee in bankruptcy
indication that the property belongs
under the laws of relative preferences.
exclusively to said spouse.
11.Rights or liabilities created by law and
applicable to unregistered land.
Section 47. Registered land not subject to
prescription
Lien
No title to registered land in derogation of
- Is a charge on property usually for the
the title of the registered owner shall be
payment of some debt or obligation.
acquired
by
prescription
or
adverse
- Is a qualified right or a proprietary
possession.
interest, which may be exercised over
the property of another.
Title to land, once registered, is
- Signifies a legal claim or charge on
imprescriptible. No one may acquire it
property as a collateral or security for
from the registered owner by adverse

owner by adverse, open, and notorious annul or set aside


possession.
such judgment, or
Prescription is unavailing not only against enjoin
its
the registered owner but also against hisenforcement.
hereditary successors.
Registered owner may be barred from
recovering possession through laches.
Laches
-

different relief, an
attack
on
the
judgment
is
nevertheless made
as
an
incident
thereof.

Where to File Action:

The failure or neglect, for an


- Any direct attack on the validity of a
unreasonable and unexplained length
Torrens certificate of title must be
of time, to do that which by exercising
instituted with the proper RTC.
due diligence could or should have
Section 51. Conveyance and other dealings
been done earlier;
It is negligence or omission to assert aby registered owner.
right within a reasonable time,An owner of registered land may convey,
warranting a presumption that the mortgage, lease, charge or otherwise deal
party entitled to assert it either has with the same in accordance with existing
abandoned it or declined to assert it. laws.

Elements of Laches:
1.

2.
3.
4.

He may use such forms of deeds, mortgages,


Conduct on the part of the defendantleases or other voluntary instruments as are
giving rise to the situation of which sufficient in law.
complaint is made for which the But no deed, mortgage, lease, or other
complaint seeks a remedy;
voluntary, except a will purporting to convey
Delay in asserting the complainantsor affect registered land shall take effect as a
rights;
conveyance or bind the land, but shall
Lack of knowledge or notice on theoperate only as a contract between the
part of the defendant;
parties and as evidence of authority to the
Injury or prejudice to the defendant.
Register of Deeds to make registration.

Doctrine of laches is inapplicable where The act of registration shall be the operative
the
action
was
filed
within
the act to convey or affect the land insofar as
prescriptive period.
third persons are concerned, and in all cases
Certificate of title cannot be the subject of under this Decree, the registration shall be
collateral attack. Once registered, itmade in the office of the Register of Deeds
cannot be impugned, altered, changed, for the province or city where the land lies.
modified, enlarged or diminished except
in a direct proceeding permitted by law. Formal Requirements of Contracts Involving
Torrens
title
cannot
be
attackedReal Property:
collaterally. The efficacy and integrity of
1. Consent of the contracting parties;
the Torrens system must be protected.
2. Object certain which is the subject
A decree of registration and the
matter of the contract; and
certificate of title issued pursuant thereto
3. Cause of the obligation which is
may be attacked only on the ground of
established.
actual fraud within 1 year from the date
Contract TO Sale
of its entry and such an attack must be Contract OF Sale
is,
direct and not by a collateral proceeding. 1. The title to the 1. Ownership
property passes
by agreement,
Direct Attack
Collateral Attack
to the vendee
reserved in the
Attack is direct Attack is collateral
upon
the
vendor and is
when the object of when, in an action
delivery of the
not to pass to
the action is to to
obtain
a
thing to sold.
the
vendee

2.

3.

4.

5.

until
full
payment of the
purchase
price.
The
vendor 2. Title is retained
losses
by the vendor
ownership over
until
full
the
property
payment of the
and
cannot
price.
recover it until
and unless the
contract
is
resolved
or
rescinded.
The
seller 3. The buyer does
conveys
not
acquire
ownership
of
ownership
of
the property to
the
property
the buyer upon
until he pays
the perfection
the
purchase
of the contract.
price
The
non- 4. Subject to a
payment of the
positive
price
is
a
suspensive
negative
condition.
resolutory
condition.
If the buyer 5. If the buyer
defaults in the
defaults in the
payment of the
payment
purchase price,
thereof,
the
the seller may
seller can only
either sue for
sue
for
the
collection
damages.
thereof or have
the
contract
judicially
resolved
and
set aside.

Delivery
-

Consists in placing the thing sold in


the control and possession of the
vendee.

Legal or Constructive Delivery


a.
b.
c.

d.
e.

May be had through any of the


following ways:
The execution of a public instrument
evidencing the sale;
Symbolical tradition such as the
delivery of the keys of the place where
the movable sold is being kept;
Traditio longa manu or by mere
consent or agreement if the movable
sold cannot yet be transferred to the
possession of the buyer at the time of
sale;
Traditio brevi manu if the buyer
already had possession of the object
even before the sale;
Traditio constitutum possessorium
where the seller remains in possession
of the property in different capacity.

Dacion En Pago
-

Is the delivery and transmission of


ownership of a thing by the debtor to
the creditor as an accepted equivalent
of the performance of the obligation.
Special mode of payment where the
debtor offers another thing to the
creditor, ho accepts it as an equivalent
of the payment of an outstanding
debt.

Purchaser in Good Faith


-

Is one who buys the property of


another without notice that some
other person has a right to or interest
in it, and who pays a full and fair price
at the time of the purchase or before
receiving any notice of another
persons claim.
2 obligations:
a. The payment of the consideration
b. The performance of such first
obligation in good faith.

The absolute giving up of the control


and custody of the property on the
part
of
the
vendor,
and
the
assumption of the same by the
vendee.
- As a mode of transmission of
ownership may be actual (real GENERAL RULE:
- Every person dealing with registered
tradition)
or
legal
(constructive
land
may
safely
rely
on
the
tradition).
correctness of the certificate of title
Actual Delivery

and is no longer required to look


behind the certificate in order to
determine the actual owner.

the name of the true owner to the name


of the forger and while it remained that
way, the land was subsequently sold to
an innocent purchaser.

A purchaser who as knowledge of defect


of his vendors title cannot claim goodRule in case of DOUBLE SALE:
faith.
- The ownership of immovable property
sold to two different buyers at
When Purchaser Should Investigate:
different times shall belong to the
- When the party has actual knowledge
person acquiring it who in good faith
of facts and circumstances that would
first recorded it in the Registry of
impel a reasonable cautious man to
Property.
make such inquiry or
- when the purchaser has knowledge ofMortgagee in Good Faith
a defect or the lack of title in his
- Has a right to rely on the certificate of
vendor or
title of the mortgagor of the property
- sufficient facts to induce a reasonably
given as security and in the absence
prudent man to inquire into the status
of any sign that might arouse
of the title of the property in litigation.
suspicion, has no obligation to
undertake further investigation.
Banks,
investment
and
realty
corporations are required to exerciseRule with respect to Financial or Banking
more care and prudence than privateInstitutions:
individuals
in
dealings
even
with
- For persons engaged in real estate or
registered lands.
financing business to be considered as
REASON: The nature of their business are
mortgagees in good faith, they should
expected to exercise a higher standard of
take
the
necessary
precaution
diligence in ascertaining the status of the
expected of a prudent man to
property, not merely rely on what appears on
ascertain the status and condition of
the face of a certificate of title.
the properties offered as collateral and
to verify the identity of the persons
Generally, a forged deed is a nullity and
they transact with.
conveys no title.
- As to banking institutions, it is a
When the instrument presented for
matter of judicial notice that before a
registration
is
forged,
even
if
bank grants a loan on the security of
accompanied by the owners duplicate
land, it first undertake a careful
certificate of title, the registered owner
examination of the title of the
does not lose his title.
applicant as well as physical and on BUT a forged deed may the basis of a
the-spot investigation of the land itself
good title in the hands of a bona fide
offered as security.
purchaser such as when the certificate of
title has already been transferred from