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Atty. Jack Miranda real right because ownership has not been
transferred.
● Only when the title of the seller is cancelled,
I. Introduction/Basic Principles that is when the buyer obtains a real right.
1. Definition of Terms POV: Buyer - Deed comes first as it is the basis of the land title
POV: Seller - Land title comes first as it is the basis to issue the deed
Land Title - evidence of the owner’s right or extent of interest, by which he can maintain *intent of the party will always prevail
control, and as a rule, assert right to exclusive possession and enjoyment of property. *also take note the rules on sales / contracts
● How are land titles acquired?
1. Public grant - positive act by the government Land Title - Foundation of ownership of property, lawful cause, cannot be
2. Emancipation patent or grant taken away unless in compliance with law
- Pursuant to the agrarian reform of the government Deed - Basic principles of sales and contracts
3. Reclamation a) Competent parties
- Only the government may engage in reclamation b) Lawful objects
4. Adverse possession / acquisitive prescription c) Valuable consideration
- Must be in continuous and in good faith
- Ordinary: 10 years Certificate of Title - transcript of the decree of registration made by the Register of
- Extraordinary - 30 years Deeds in the registry. It accumulates in one document a precise and correct statement
5. Private grant or voluntary transfer of the exact status of the fee simple title which an owner possesses.
6. Accretion ● Original Certificate of Title - first title issued in the name of the registered
○ Alluvium - the soil imperceptibly and gradually deposited on lands owner by the Register of Deeds covering a parcel of land which had been
adjoining the banks of rivers caused by the current of the water. registered under the Torrens system by virtue of a judicial or administrative
○ Accretion - the process whereby the soil is so deposited. proceeding.
7. Involuntary alienation - eminent domain *this is when made in public record for the first time
8. Descent or devise - succession ● Transfer Certificate of Title - the title issued by the Register of Deeds in favor
of a transferee to whom the ownership of a registered land has been
*there is no land title if there is no conveyance transferred by any legal mode of conveyance (e.g. sale, donation).
*must undergo first the process of land registration
Deed - the instrument in writing, by which any real estate or interest therein is created,
alienated, mortgaged or assigned, or by which title to any real estate may be affected in Additional: Until registration is not yet complete, ownership remains with original
law or equity. owner. It is only upon the cancellation of the OCT when the ownership is transferred.
○ Which comes first, Deed or Title? It depends on whose point of
view. Registration - judicial or administrative proceeding whereby a person’s claim of
■ Deed = personal right. Title = real right. ownership over a particular land is determined and confirmed or recognized so that
■ Until deed is registered, ownership of the property rests such land and the ownership thereof may be recorded in a public registry.
with the seller.
III. Registration
3. Persons who may acquire lands
Judicial Process (Summation) Rendered by the court after the Issued pursuant to the order of the
1. Preparation of Application presentment of evidence court after the decision becomes
2. Publication final
3. Opposition
4. Hearing Signed by the judge Bears the name of the judge but
5. Promulgation signed by the LRA administrator
6. Issuance of Decree
7. Entry of decree in LRA
15 days One (1) year after issuance and
entry
Survey of Land
- Before the Survey: Notice must be given to all adjoining owners specifying the
time and date when they need to be present for the survey 10. Decree of Registration
- All the adjoining owners must be present during the actual survey
PROPERTY Usually private lands, or public agricultural land All concerned landowners
PURPOSE Confirm title and seeks to registration to his name Government asks the court to adjudicate on the
title
EFFECT OF JUDGMENT Dismissed without prejudice - No res judicata Declared public property, if there is no successful
claimant - There is res judicata
Judicial Judicial