University of Sto.

Tomas
Faculty of Civil Law
LAND TITLES AND DEEDS
(PD No. 1529)
Justice Oswaldo D. Agcaoili
COURSE OUTLINE (2)

Syllabus is based on Agcaoili, Property Registration Decree and Related Laws (Land
Titles and Deeds)
Grading components: Class standing (recitations, quizzes and attendance): 25%;
Preliminary exam: 35%; Final exam: 40%.
Cases cited here are partial. Students are encouraged to report new cases relevant to the
subject for class analysis and discussion.

Chapter V
SUBSEQUENT REGISTRATION
I. VOLUNTARY DEALINGS WITH REGISTERED LANDS
GENERAL PROVISIONS
1. Conveyance and other dealings by registered owner (Sec. 51)
Formal requirements

Difference between contract of sale and contract to sell

2. Constructive notice upon registration (Sec. 52)
Purchaser is not required to explore further than what title indicates for hidden
defects
When purchaser should investigate

Rule on good faith applicable to lessees and mortgagees

Banks, investment and realty corporations required to exercise more care and

prudence than private individuals in dealings even with registered lands

Registration of voluntary and involuntary instruments affecting registered land
distinguished
3. Presentation of owners duplicate upon entry of new certificate (Sec. 53)
Surrender of owners duplicate certificate is authority for the Register of Deeds to
enter registration
Remedy in case of refusal or failure to surrender owners duplicate certificate
(Sec. 107)

Generally, a forged deed is a nullity and conveys no title

But a forged deed may the basis of a good title in the hands of a bona fide
purchaser
Mortgagee in good faith

Remedy of the aggrieved party

4. Cases

Roque v. Aguado, GR No. 193787, April 7, 2014

Bernabe v. Court of Appeals, GR No. 154402, July 21, 2008
Unchuan v. Court of Appeals, GR No. 78775, May 31, 1988
Arguelles v. Malarayat Rural Bank, GR No. 200468, March 19, 2014

Duque-Rosario v. Banco Filipino Savings and Mortgage Bank, GR No. 140528,

Dec. 7, 2011
Sarili v. Lagrosa, GR No. 193517, Jan. 15, 2014

Sunshine Finance and Investment Corporation v. Intermediate Appellate Court,

GR Nos. 74070-71, Oct. 28, 1991
Cruz v. Bancom Finance Corporation, GR No. 147788, March 19, 2002

Garcia v. Court of Appeals, GR No. L-489871, Jan. 22, 1980

Durawood Construction and Lumber Supply, Inc. v. Bona, GR No. 179884, Jan.
25, 2012
Solivel v. Francisco, GR No. 51450, Feb. 10, 1989

Philippine National Bank v. Court of Appeals and Chu Kim Kit, GR No. 43972,
July 24, 1990
Guaranteed Homes, Inc. v. Valdez, GR No. 171531, Jan. 30, 2009

Penullar v. Philippine National Bank, GR No. L-32762, Jan. 27, 1983

Saberon v. Ventanilla, GR No. 192669, April 21, 2014
(A)

Conveyances and Transfers

1. Procedure in registration of conveyances (Sec. 57)

2. Procedure where conveyance involves portion of land (Sec. 58)

Carry over of encumbrances

(B)

Mortgages and Leases

1. Mortgage or lease of registered land (Sec. 60)

Essence and object of a mortgage

Requisites of mortgage

Mortgage lien is a right in rem which follows the property

Mortgage invalid even in the hands of an innocent mortgagee where the title
covers non-registrable land

Rights of innocent mortgagee for value

Rule with respect to banks

Equitable mortgage

2. Registration of mortgage or lease (Sec. 61)

3. Discharge or cancellation (Sec. 62)
4. Foreclosure of mortgage (Sec. 63)

Judicial and extrajudicial foreclosure

Redemption
Consolidation of ownership
Writ of possession
o Issuance of writ ex parte and ministerial
o When not ministerial

5. Cases

Gopiao v. Metrobank, GR No. 188931, July 28, 2014

Ligon v. Court of Appeals, GR No. 107751, June 1, 1995
Gonzales v. Intermediate Appellate Court, GR No. 69622, Jan. 29, 1988
Blanco v. Esquierdo, GR No. L-15182, Dec. 29, 1960
St. Dominic Corporation v. Intermediate Appellate, 151 SCRA 577 (1987)
Cua Lai Chu v. Laqui, GR No. 169190, Feb. 11, 2010
Sulit v. Court of Appeals, GR No. 119247, Feb. 17, 1997
Philippine National Bank v. Sanao Marketing, GR No. 153951, July 29, 2005
Barican v. Intermediate Appellate Court, GR No. L-79906, June 20, 1988
Cometa v. Intermediate Appellate Court, GR No. L-69294, June 30, 1987
C.

Powers of Attorney; Trusts

1. Power of attorney (Sec. 64)

2. Trusts in registered land
3. Cases
Narvasa v. Imbormal, GR No. 182908, Aug. 6, 2014

Tong v. Go Tiat Kun, GR No. 196023, April 21, 2014

Iglesia Filipina Independiente v. Taeza, GR No. 179597, Feb. 3, 2014
D. Innocent Purchaser for Value

1. Purchaser in good faith

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. Purchaser is not required to explore further than what the title indicates for hidden defects
A purchaser who has knowledge of defect of his vendors title cannot claim good
faith
As between two persons in good faith, the lawful holder of a title is preferred

Purchaser charged only with notice of liens noted on the title

3. Rule of good faith equally applies to mortgagees of real property

4. Rule of caveat emptor (buyer beware)
Banks expected to exercise greater care and prudence in their dealings
5. Sale of property pending litigation
6. Rule on double sale of property
Principle of prior est temporae, prior est in jura
7. Cases
Peralta v. Abalon, GR No. 183448, June 30, 2014

Go Piao v. Metrobank, GR No. 188931, July 28, 2014

Manguardia v. Valles, GR No. 177616, Aug. 27, 2014
Uy v. Fule, GR No. 164961, June 30, 2014
Homeowners Savings v. Felonia, GR No.189477, Feb. 26, 2014
Alfarfo v. Dumalagan, GR No. 186622, Jan. 22, 2014
Arguelles v. Malarayat Rural Bank, GR No. 200468, March 19, 2014
Bucton v. Rural Bank of El Salvador, Inc., GR No. 179625, Feb. 24, 2014
Sarili v. Lagrosa, GR No. 193517, Jan. 15, 2014
II. INVOLUNTARY DEALINGS

1. Attachments (Sec. 69)

2. Adverse claim (Sec. 70)
Requisites

Adverse claim not ipso facto cancelled after 30 days; hearing necessary
3. Surrender of certificate in involuntary dealings (Sec. 71)
4. Dissolution of attachments or liens and registration thereof
5. Notice of lis pendens (Sec. 76)
Effect of notice

Cancellation of lis pendens

6. Cases

Cathay Metal Corporation v. Laguna West Multi-Purpose Cooperative, GR No.

172204, July 2, 2014
Peralta v. Abalon, GR No. 183448, June 30, 2014

Ching v. Enrile, GR No. 156076, Sept. 17, 2008

Sajonas v. Court of Appeals, GR No. 102377, July 5, 1996
Marasigan v. Intermediate Appellate Court, GR No. L-69393, July 23, 1987
Carrascoso v. Court of Appeals, GR No. 123672, Dec. 14, 2005
Top Management Programs Corp. v. Fajardo, GR No. 150462, June 15, 2011
Yared v. Ilarde, GR No. 114732, Aug. 1, 2000
CHAPTER VI
REGISTRATION OF JUDGMENTS;
ORDERS; PARTITIONS

1.
2.
3.
4.
5.
6.
7.

Judgment for Plaintiff (Sec. 78)

Judgment adjudicating ownership (Sec. 79)
Execution of deed by virtue of judgment (Sec. 80)
Judgment of partition (Sec. 81)
Notice of insolvency (Sec. 83)
Land taken by eminent domain (Sec. 85)
Extrajudicial settlement of estate (Sec. 86)
Requirement of publication
8. Filing of letters of administration and will (Sec. 87)
CHAPTER VII
ASSURANCE FUND
1. Action for compensation from funds (Sec. 95)
Requisites for recovery

Against whom claim for damages may be filed

Prescriptive period
2. Cases

Blanco v. Esquierdo, GR No. L-15182, Dec. 29, 1960

Joaquin v. Madrid, GR No. L-13551, Jan. 30, 1960
Treasurer of the Philippines v. Court of Appeals, GR No. L-42805, Aug. 31, 1987
Torres v. Court of Appeals, GR No. 63046, June 21, 1990
Eagle Realty Corporation v. Republic, GR No. 151424, July 4, 2008
Guaranteed Homes, Inc. v. Valdez, GR No. 171531, Jan. 30, 2009

CHAPTER VIII
REGISTRATION OF PATENTS
1. Public land patents when duly registered are veritable Torrens titles
2. Differences between the Property Registration Decree (PD No. 1529) and the Public
Land Act (CA No. 141, as amended)
3. PENRO or CENRO requirements for a valid certification of alienability
4. Modes of disposition
For homestead settlement

By sale
By lease
By confirmation of imperfect or incomplete titles

5.
6.
7.
8.
9.

o By judicial legalization
o By administrative legalization (free patent)
RA No. 10023, dated March 9, 2010, authorizes issuance of free patent titles to
residential lands
Director of Lands has continuing authority to investigate fraudulent issuance of patents
Only the government may initiate an action for cancellation of title and reversion
Courts have jurisdiction over possessory actions involving public lands
Prohibition against alienation of lands acquired under the homestead and free patent
provisions (Sec. 118, CA No. 141)
Policy behind prohibition

Prohibition starts from date of approval up to fifth year from issuance of patent
Repurchase by applicant or his heirs

10. Cases

Republic v. Santos, GR No. 191516, June 4, 2014

Republic v. Sese, GR No. 185092, June 4, 2014
Lahora v. Dayanghirang, GR No. L-28565, Jan. 30, 1971
Mesina v. Sonza, GR No. L-14722, May 25, 1960
Balboa v. Farrales, GR No. 27059, Feb. 14, 1928
Chavez v. Public Estates Authority, GR No. 133250, July 9, 2002
Republic v. Court of Appeals and Felisilda, GR No. 79582, April 10, 1989
Pitargue v. Sorilla, GR No. L-4302, Sept. 17, 1952
Abelgas v. Comia, GR No. 163125, April 18, 2012
Tinio v. Frances, GR No. L-7747, Nov. 29, 1955

Sala v. Court of First Instance of Negros Oriental, GR No. L-47281, April 27,
1990
Arsenal v. Intermediate Appellate Court, GR No. L-66696, July 14, 1986

Republic v. Raneses, GR No. 189970, June 9, 2014

Tabino v. Tabino, GR No. 196219, July 30, 2014

CHAPTER IX
CERTIFICATE OF LAND TRANSFER, EMANCIPATION PATENT,
AFFIDAVIT OF NON-TENANCY
1. Provisional register of documents (Sec. 104)
2. Certificates of Land Transfer, Emancipation Patents (Sec. 105)
3. Sale of agricultural land; affidavit (Sec. 106)
CHAPTER X
PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION
1. Surrender of withheld duplicate certificates (Sec. 107)
2. Amendment and alteration of certificates (Sec. 108)
Petitions or motions after original registration shall be filed and entitled in the
original case in which the decree of registration was entered
Grounds for the amendment or alteration of a certificate of title

Rule under Sec. 108, in relation to Sec. 2, PD No. 1529: court may now hear both
contentious and non-contentious cases
No amendment or alteration of decree is permitted except upon order of the court

Court may hear and determine all questions, contentious or not, and only after
notice to all parties in interest
3. Notice and replacement of lost duplicate certificate (Sec. 109)
Petitions or motions shall be filed and entitled in the original case in which the
decree of registration was entered
4. Judicial reconstitution of lost or destroyed original of Torrens title
Governing law for judicial reconstitution of titles: RA No. 26, an action in rem

Reconstitution denotes restoration of the lost title in its original form and
condition
Sources of reconstitution
o For original certificate of tile
o For duplicate certificate of title
o For liens and encumbrances
o Meaning of any other document
Petition for reconstitution shall be filed with the regional trial court of the
province or city where the land lies
Courts cautioned to be careful in granting petitions for reconstitution
5. Administrative reconstitution (RA No. 6732, approved on July 17, 1989. Section 1
amends Section 110 of PD No. 1529)
Requirements

6. Cases

Averia v. Caguioa, GR No. L-65129, Dec. 29, 1986

Ligon v. Court of Appeals, GR No. 107751, June 1, 1995
SM Prime Holdings, Inc. v. Madayag, GR No. 164687, Feb. 12, 2009
Paz v. Republic, GR No. 157367, Nov. 23, 2011
Republic v. Tuastumban, GR No. 173210, April 24, 2009
Ragua v. Court of Appeals, GR No. 88521, Jan. 31, 2000
Republic v. Vergel de Dios, GR No. 170459, Feb. 9, 2011
Republic v. Lorenzo, GR No. 172338, Dec. 10, 2012

Republic v. Intermediate Appellate Court and Kiram, GR No. 68303, Jan. 15,
1988
Republic v. Catarroja, GR No. 171774, Feb. 12, 2010

Tahanan Development Corporation v. Court of Appeals, GR No. 55771, Nov. 15,

1982
Alabang Development Corporation v. Valenzuela, GR No. 54094, Aug. 30, 1982

Serra Serra v. Court of Appeals, GR No. 34080, March 22, 1991

Puzon v. Sta. Lucia Realty and Development, Inc., GR No. 139518, March 6,
2001
Manotok v. Barque, GR No. 162335, Dec. 18, 2008, Aug. 24. 2010, March 6,
2012
CHAPTER XV
CONSULTAS
1. Duty of Register of Deeds to register document presented for registration is ministerial
(Sec. 10)
2. Reference of doubtful questions to the LRA via consulta; procedure (Sec. 117)
3. Cases
Gurbax Singh Pabla and Co. v. Reyes, GR No. L-3970, Oct. 29, 1952

Alfonso v. Office of the President, GR No. 150091, April 2, 2007

Castillo v. Republic, GR No. 182980, Jun 22, 2011
Almirol v. Register of Deeds of Agusan, GR No. L-22486, March 20, 1968
Office of the Court Administrator v. Matas, A.M. No. RTJ-92-836, Aug., 1995