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certificate of title may be an Original Philippines adopted the universal feudal
Certificate of Title or a Transfer of Certificate theory that all lands belong to the
of Title. crown, ownership, however, being
vested in the State, as such, rather than
Original Certificate of Title is the first the head thereof. Art. XII, Sec. 2 of the
title issued in the name of a registered 1987 Constitution of the Philippines
owner by the Register of Deeds states that all lands of the public domain
covering a parcel of land which had been and other natural resources are owned
registered under the Torrens System, by by the State; and that with the exception
virtue of judicial or administrative of agricultural lands, all other natural
proceeding. resources shall not be alienated. The
theory of jura regalia was nothing more
Transfer of Certificate of Title is the title than a natural fruit of conquest. The
issued by the Register of Deeds in favor Regalian theory does not negate native
of a transferee to whom the ownership title to lands held in private ownership
since time immemorial. (Cruz vs
of the registered land has been
Secretary of Environment and Natural
transferred by virtue of a sale or other resources, 347 SCRA 128
modes of conveyance.
SEVEN (7) STEPS IN JUDICIAL LAND
Laws Implementing Land Registration REGISTRATION
1. Property Registration Decree (PD
No. 1529, as amended) 1. Application for land registration shall be
2. Cadastral Act (Act 2259, as filed in court by the applicant;
amended) 2. Publication of the notice of the initial
3. Public Land Act (Com. Act. 141, hearing of said publication;
as amended) 3. Opposition to said application shall be
4. Presidential Decree No. 275. filed by any person who claims the land
Comprehensive Agrarian Reform Law of or interest therein;
1988 (R.A. No. 6657, as amended) 4. Hearing of said application and
presentation of evidence in court;
Agencies Implementing Land Registration 5. Judgment shall be rendered by the
and Land Reform court;
1. Department of Environment and 6. Decree of Registration for the land shall
Natural Resources be issued by the LRA Administrator;
2. Department of Justice Land and
Registration Authority (LRA) and it 7. Original Certificate of Title for the land
registries of deeds shall be issued by the LRA
3. Department of Land Reform Administrator which shall then be
4. Department of Agriculture entered by the Register of Deeds in his
Regalian Doctrine (or jura regalia) is a record book. The owners duplicate of
time-honored Constitutional precept said certificate of title shall be given to
that all lands of the public domain the registered owner thereof.
belong to the State, and that the State is
the source of any asserted right to STEP 1: APPLICATION FOR LAND
ownership in land and charged with the REGISTRATION IN COURT. Who May
conservation of such patrimony. Apply for Land Registration Applicant must
be the owner
Imperium the government authority
possessed by the State in the concept Rights included in ownership:
of sovereignty.
Jus possidendi (right to posses)
Dominium the government's capacity jus utendi (right to use and enjoy)
to own or acquire property. The 1935, jus fruendi (right to the fruits)
1973, and 1987 Constitution of the jus accessionis (right to accessories)
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jus abutmenti (right to consume) Technical descriptions
jus disponendi (right to dispose or Certificate of the Geodetic Engineer
alienate), and Certificate regarding the last
jus vindicandi (right to vindicate or assessment for taxation of the property
recover)
D. Dealings with the Land, Pending
How to Acquire Ownership of Land registration
1. by possession of land since time After the filing of the application and
immemorial; before the issuance of the decree of
2. by possession of alienable public registration, the land therein described
land may still be the subject of dealings in
3. by sale, donation and other modes of whole or in part.
acquiring ownership:
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initial hearing, or within such further (b) By virtue of possession of public
time as may be allowed by the court. land the general rule is that public
The opposition shall state all the land cannot be acquired by prescription
objections to the application, the interest because there can be no prescription
claimed by the party filing the same, and against the State
apply for the remedy desired; it shall be
signed and sworn to by the oppositor or Case Notes:
by some other duly authorized person. Possession of lands of public domain
must be from June 12, 1945 or earlier,
Case Notes for the same to be acquired through
Basis of Opposition the opposition to the judicial confirmation of imperfect title.
application for land registration should Possession of the applicant for land
be based on a right of dominion or some application for land registration must be
other real right independent of, and not under bonafide claim of ownership,
at all subordinate to the rights of, the which presupposes colorable title or
government. acquisition of land through some state
Motion for intervention not allowed grant.
Public land becomes private land
Failure of government to oppose the open, exclusive and undisputed
government cannot be stopped from possession of alienable public land by a
questioning the validity of the citizen of the Republic of the Philippines
certificates of title which were granted for the period prescribed by law creates
without opposition from the the legal fiction whereby the land, upon
government. The principle of estoppels completion of the requisite period ipso
does not operate against the jure and without the need of judicial or
government for the act of its agents. other sanction, ceases to be public land
and becomes private property.
STEP 4: HEARING OF SAID Petitioners are deemed to have
APPLICATION AND acquired, by operation of law, a right to
PRESENTATIONOF EVIDENCE IN a grant, a government grant, without
COURT the necessity of a certificate of title
being issued. The land is segregated
A. Rules of Court from public land.
The Rules of Court shall, insofar as not Filipino Corporations: can acquire
inconsistent with the provisions of private lands if the land was already
Presidential Decree No. 1529, be private at the time the corporation
applicable to land registration and bought it from the seller, then the
cadastral cases by analogy or in a prohibition in the Constitution against
suppletory character and whenever corporations holding alienable lands of
practicable and convenient. Judicial the public domain, except by lease, does
proceedings for the registration of lands not apply. Title and ownership over
throughout the Philippines shall be in lands within the meaning of the
rem, and shall be based on the generally Constitutional prohibition dates back to
accepted principles underlying the the time of their purchase, not later.
Torrents system. A parcel of land acquired by a
corporation from a private individual
B. Evidence should be deemed applied for by such
1. To prove: that the Notice of Initial Hearing private person for registration purposes.
of the application has been published, mailed, For accretion or alluvion to form part
and posted as required by Law of registered land or riparian owner, the
2. To prove that the applicant is the owner: gradual alluvial deposits made by human
(a) By virtue of possession of private intervention are excluded.
land The Government may declare the
accretion property of the adjoining
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owner only when it is no longer washed Partial judgment allowed in a land
by the waters of the sea and when it is registration proceeding where only a
no longer necessary for public use. portion of the land subject of
The owners of estates adjoining ponds registration is contested, the court may
or lagoons do not acquire the land left render partial judgment provided that
dry by the natural decrease of the the subdivision plan showing the
waters, nor lose those inundated by contested and uncontested portions
them in extraordinary floods. approved by the Director of Lands is
previously submitted to said court.
3. To Prove: the identity of the land
(a) Identity of land: survey plan and Conditional judgments judgments
technical description which are subject to the performance of
(b) Identity of land: by area(c) original a condition precedent are not final until
tracing cloth plan: mandatory evidence the condition is performed.
Spanish titles are no longer admissible
as evidence of ownership 2. When judgment becomes final
judgment rendered in a land registration
4. To prove: that the land is Alienable proceeding becomes final upon the
and Disposable expiration of fifteen (15) days to be
The prerogative of classifying lands of counted from the date of the judgment.
the public domain belongs to the Exc: so long as the final decree is not
Executive Branch of the government. issued and the one year within which it
may be revised has not elapse, the
Classification of lands of Public domain (1987 decision remains under the control and
Constitution, Art. XII, Sec. 3) sound discretion of the court, which
court after hearing, may set aside the
(1) Forest or timber decision or decree or adjudicate the land
(2) Mineral lands to another party. Not incontrovertible
(3) National parks until expiration of 1 yr.
(4) Agricultural Judgment binds the whole world.
Judgment is under the principle of res
With the exception of agricultural land, judicata:
lands of the public domain shall not be Former judgment must be final
alienated. the court which rendered judgment
must have jurisdiction
Case Notes It must be a judgment of the merits,
All lands not appearing to be clearly and
within private ownership are presumed there must be between the first and
to belong to the State. second actions identity of parties,
Title to inalienable lands: void subject matter, and cause of action
Under the principle of res judicata,
STEP 5: JUDGMENT SHALL BE the Court and the parties, are bound by
RENDERED BY THE COURT such final decision, otherwise there will
A. Judgment be no end to litigation.
1. Judgment confirming title Adjudication of land to non-claimant is
all conflicting claims of prohibited.
ownership and interest in the Title issued pending appeal, void.
land subject of the application A judgment dismissing an application
shall be determined by the court for land registration does not operate as
considering the evidence and the conclusive adjudication (res judicata)
reports of the Commissioner of between the applicant and the opponent
LR (now Admin of the Land Reg who has successfully resisted the
Autho) and the Dir of Lands application. Applicant or any person
deriving title from him may institute
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another proceeding for the reg of the LRA Administrator shall cause
same land the preparation of the original
A void judgment has no legal or certificate of title shall be signed
binding effect for any purpose. It is a by the Administrator and shall be
nullity, and leaves the parties litigants in set together with the owners
the same position they were in before duplicate certificate to the RD of
the trial. the city or province where the
property is situated for entry in
STEP 6: DECREE OF REGISTRATION his reg book
FOR THE LAND SHALL BEISSUED BY Owners duplicate cert of title
THE LRA ADMINISTRATOR Owners duplicate of the OCT
shall be delivered to reg owner or
After judgment of the land registration rep
court has become final and executory, it A writ of possession may be issued in
shall devolve upon the court to favor of the successful applicant or
forthwith issue an order to the adjudged owner. It is not only against
Administrator of LRA for the issuance the person who has been defeated in the
of the decree of registration and the registration case but also against anyone
corresponding certificate of title in the adversely occupying the land or any
name of the person adjudged entitled to portion thereof during the proceeding
registration. The decree of registration up to the issuance of the decree.
shall bear the date, hour and minute of
its entry, and shall be signed by the A writ of demolition must, likewise,
Administrator of LRA. It shall state issue, especially considering that the
whether the owner id married latter writ is but a complement of the
or unmarried, and if married, the name former.
of husband or wife: provided however
that if the land adjudicated by the court
is conjugal property, the decree shall be Book 2
issued in the name of both spouses.
Upon finality of judgment in the land REGISTRATION OF DOCUMENTS
registration cases, the winning party INVOLVING LANDS
does not file a motion for execution as in
ordinary civil actions. Instead, he files a Part 1
petition with the LRA to issue a decree DOCUMENTS DEALING WITH
of registration, a copy of which is then TITLED LANDS A PRELIMINARY
sent to the Register of Deeds
for transcription in the registration 1. Definition of Terms Titled land
book, and issuance of original certificate refers to land which has been registered
of title. under the Torrens system and for which
a Torrens title issued in the name of
STEP 7: ORIGINAL CERTIFICATE OF registered owner thereof.
TITLE FOR THE LANDSHALL BE
ISSUED BY THE LRA Untitled land refers to land which has
ADMINISTRATOR, WHICHSHALL BE not been registered under the Torrens
THEN ENTERED BY THE REGISTER system, hence, not covered by a Torrens
OF DEEDS INHIS RECORD BOOK. title.
THE OWNERS DUPLICATE OF
SAIDCERTIFICATE OF TITLE SHALL 2. Functions of Register of Deeds The
BE GIVEN TO THEREGISTERED office of the Register of Deeds
OWNER THEREOF constitutes a public repository of
records of instruments affecting
Original Certificate of Title registered or unregistered lands and
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chattel mortgages in the province or c. To transfer ownership, etc
city wherein such office is situated. d. To bind third persons
5. Registration of Documents:
Purposes
a. To bind the property
b. To give notice
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DEALINGS WITH UNTITLED
LANDS
PD 1529
Priority of rights
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