Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES Registration – guarantees the title

Land Title – evidence of right of owner or extent of his interest, by which means he can Recording – does not guarantee the title; need to examine other docs
maintain control and as a rule assert right to exclusive possession and enjoyment of Purpose of Registration:
property. Serve as constructive notice

Deed – instrument in writing which any real estate or interest therein is created, alienated, Prevent fraudulent claims

mortgaged or assigned or by which title to any real estate may be affected in law or equity. Protect interest of strangers to transaction

Grantor Modes of Acquiring Land Titles:

Grantee Title by public grant – conveyance of public land by government to a private individual

Words of grant Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property

Description of property Title by accretion – alluvion

Signature of grantor Title by reclamation – filling of submerged land by deliberate act and reclaiming title thereto;

Witnesses government
Title by voluntary transfer – private grant; voluntary execution of deed of conveyance

Types of estates: Title by involuntary alienation – no consent from owner of land; forcible acquisition by state
Title by descent or devise – hereditary succession to the estate of deceased owner
1. Freehold estate – indicates title of ownership.
Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers; not
a. Fee simple – absolute title; conferred without limitation, qualification or restriction
transferable except by hereditary succession
b. Fee tail – pass title to grantee & his heirs
c. Life state – held for duration of life of grantee
Chapter 2: TORRENS SYSTEM – ORIGIN, NATURE & GENERAL CHARACTERISTICS
2. Less than freehold estate – a right short of title
Advantages:
a. Estate for years – lease for a period agreed upon, lessor retains ownership of land
Abolishes endless fees
b. Tenancy from period to period – lease running from month to month or year to year with
Eliminates repeated examination of titles
automatic renewal Reduces records enormously
c. Tenancy at will – person is permitted to occupy land of another without stipulation as to Instantly reveals ownership
period Protects against encumbrances not noted on the Torrens certificate
3 Stages of Development of Legal System of Transferring Titles: Makes fraud almost impossible

Production & delivery of deed by grantor to grantee without registration It assures

Deed of conveyance is recorded to bind 3rd persons Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the fees

Registration of title Eliminates tax titles

Gives eternal title as state ensures perpetuity CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS
Furnishes state title insurance rather than private title insurance Who may Apply:
Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of Those in open, continuous, exclusive, notorious possession of patrimonial property of state
days under bona fide claim of ownership since June 12, 1945 or earlier
Purpose of Torrens Law: quiet title to land – once registered, owner might rest secure Those who acquired ownership of private land by prescription
Persons Bound When Title Not Registered: Those who acquired ownership of private lands by right of accretion
Grantor Those who acquired ownership in any manner provided for by law
Heirs & devisees Limitation to Ownership of Land by Corporation:
Persons with actual notice Private lands
Procedure in Land Registration Case: At least 60% Filipino to acquire private land
Survey of land by Bureau of lands or duly licensed private surveyor Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created
Filing of application for registration by applicant If engaged in agricultural – restricted to 1,024 ha.
Setting of date of initial hearing of application by RTC Patrimonial property of state
Clerk of court to transmit to Land Registration Authority the application, date of initial hearing & Lease for 25 years renewable
other pertinent docs Limited to 1,000 ha.
Publication of notice of filing of application, date & place of hearing – in OG and in newspaper of Apply to both Filipinos & foreign cos.
general circulation Form & Contents of Application:
Service of notice – contiguous owners, occupants & those who have interest in property In writing & signed by applicant or person duly authorized
Filing of answer or opposition to application Description of land
Hearing of case by RTC Citizenship
Promulgation of judgment by court Civil status
Issuance of decree by RTC – decision; Instruct land registration authority to issue decree of Full names & address of occupants & adjoining owners
confirmation & registration What to Accompany Application:
Entry of decree of registration in Land Titles Administration Tracing cloth plan duly approved by the Director of Lands
Send copy of decree to Register of Deeds 3 copies of technical descriptions
Transcription of decree of registration in registration book & issuance of the owner’s duplicate 3 copies of surveyor’s certificate
original certificate of title of the applicant by the Land registration Authority – upon payment of All original muniments of title
prescribed fees. 4 copies of certificate by city/provincial treasurer of assessed value of land
Amendments Allowed & Not Allowed
Substantial change in boundaries or increase in area – new technical description necessary – need Party appears at initial hearing without having filed an answer and ask court for time to file answer
new publication & notice but failed to do so within period allowed.
Substitution of name of new owner – file motion with court
Decrease the area – file motion in court CHAPTER 5: HEARING & DECREE
Muniment of Title – instruments or written evidences which applicant hold or posses to Who Conducts Hearing:
enable him to substantiate & prove title to his estate RTC
Transaction Took Place Before Issuance of Decree: Refer to referee – commissioner
Record instrument in Register of Deeds in same manner as if no application was made Proceedings for Ordinary Registration (Land registration Act) /Proceeding for judicial
Present instrument to RTC, motion praying that same be considered in relation to the pending confirmation of Imperfect title under the Public land act
application There exist a title to be confirmed
Transaction Took Place after Issuance of Decree: Land applied for belongs to the state
Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT. Court may dismiss without prejudice to file new application
Dismiss with prejudice
CHAPTER 4: PUBLICATION, ANSWER & DEFAULT Risk to have application denied without losing land

Notice in conspicuous place in land & bulletin board of municipality – 14 days before hearing Risk involves loss of land

Hearing – within 7 days after publication in OG

– 25 – 90 days from date of order CHAPTER 6: JUDGMENT & DECREE

To Whom Notice must be Sent: Decree – issued by land registration authority containing technical description of land;

City/municipal mayor & provincial governor issued after finality of judgment

Department of Agrarian Reform, Solicitor General & Director of Lands , Director of Fisheries, Director Decrees dismissing application

of Mines Decrees of confirmation and registration

Adjoining owners & those who have rights or interest thereto Final after 1 year after decree

Requisites of Opposition: Unless there in innocent purchaser for value

Set forth objections to the application Subject only to appeal

State interest claimed by oppositor Once final, cannot be subject to attack, deemed conclusive against the world

General Default Put end to litigation

Purpose of Torrens system is protected
If no person appears and answers within time prescribed
Special Default
Amendment after 1 year is allowed – creation or extinguishment of new rights; inclusion of new Plaintiff is owner of land registered in name of defendant
owners not allowed Registration procured through actual fraud
Judgment – decision of court constituting its opinion after taking into consideration the Property has not issued to innocent purchaser for value

evidence submitted Action is filed within 1 year after issuance of decree of registration

Writ of Possession – order to sheriff to deliver the land to the successful party litigant; no Relief from judgment – 60 days – 6 months after entry of order; available to party to case, FAME;
after judgment; person deprived of right is party to case
prescription
Reconveyance – action in personam; available so long as property not passed yet to innocent
Against loser
purchaser for value; bad faith or with notice of defect
Against anyone unlawfully & adversely occupying
Recovery for damages
When Writ may not Issue:
Person is wrongfully deprived of his land by registration in name of another – actual or constructive
Person entered into property after decree- non claimant; had been there for 10 years
fraud
Means to Recover Possession:
No negligence on his part
Forcible entry
Barred/ precluded from bringing an action
Unlawful detainer
Action for compensation has not prescribed
Accion publiciana
Accion reindivicatoria
CHAPTER 7: CERTIFICATE OF TITLE
Res Judicata:
Torrens Title – certificate of ownership issued under the Torrens System of registration by
Former judgment must be final
the government through road naming & declaring owner in fee simple of property described
Rendered by court having jurisdiction over subject matter & parties
Judgment on merits therein free from all liens except those expressly noted.

Identity of parties, subject matter and causes of action Process:

Remedies Available to Aggrieved Party in Registration Proceedings: Within 15 days from finality of order of judgment directing registration of title – court to order Land

Motion for new trial – must be brought within 15 days from notice of judgment registration Admin to issue decree of registration and certificate of title

Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded Clerk of court will send order of court & copies of judgment

Newly discovered evidence which could not be discovered & produced at trial Administrator to issue decree of registration & original & duplicate of OCT – signed by Administrator,

Evidence insufficient to justify decision, decision is against the law entered & file decree of registration in LRA

Appeal – must be brought 15 days from notice of judgment Send to Register of Deeds – original & duplicate of title & certificate for entry in his registration book

Review of decree of registration – available to party deprived of day in court; became non-party due Enter in record book, dated, signed, numbered & sealed – take effect upon date of entry

to misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts intended to Register of Deeds to send notice to registered owner ready for delivery after payment of fees

deceive; will no longer prosper if already transferred to innocent purchaser for value Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued
Original copy to be filed in Register of Deeds; bound in consecutive order. Whether or not corporation:
Action for Partition, Splitting or Consolidation of Titles: a. Register of Deeds to keep an entry book – day book
Splitting or consolidation – ordinary – Register of Deeds level, no court involved b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -
Subdivision plan – approval of NHA, final approval of LRA, then Register of Deeds to issue Year, month, day, time, minute of reception of instrument; Registered from time of entry
memorandum that streets not to be disposed except by way of donation to govt. shall be effected c. Fees of 5 bucks per document to be paid within 15 days
without approval of NHA.
d. Note memorandum & sign & issuance of certificate
Annotations at Back of Certificate – need court order; otherwise null & void
e. Documents are numbered & indexed & indorsed with reference to certificate of title–
public records
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND
f. Subject to reasonable regulation
Operative Act – registration by owner; deed not registered – binding only between parties
Cost borne by vendor.
Process of Registration:
File instrument creating or transferring interest and certificate of title with Register of Deeds
CHAPTER 9: REAL ESTATE MORTGAGE
Owner’s duplicate
Real Estate Mortgage – real property/real rights secures fulfillment of an obligation
Payment of fees & documentary stamp tax
Kinds:
Evidence of full payment of real estate tax
Conventional – agreed upon by parties
Document of transfer – 1 copy additional for city/provincial assessor
Legal – Created by operation of law
Register of Deeds shall make a memorandum on the certificate of title, signed by him
Judicial – results from a judgment
Issue TCT
Equitable – pacto de retro in form but mortgage in essence
Voluntary dealings
Essential Requisites:
Need to present title – to record the deed in registry & to make memorandum on title.
Constituted to secure fulfillment of principal obligation
Involuntary dealings
Mortgagor be absolute owner of thing mortgaged
No presentation required; sufficient that annotation in entry book is sufficient
Person constituting mortgage has free disposal of property
Formal requisites of a deed:
Special Characteristics:
Full name
Subject matter is realty
Nationality
Real right – attaches to property wherever it is & whoever holds it
Place of residence
Accessory – presupposes existence of valid principal obligation; cannot stand alone
Postal address of grantee or other persons acquiring or claiming interest
Indivisibility – even if debt is divisible; mortgage is not
Civil status
Inseparability – mortgage lien is inseparable from property
Retention of possession – mortgagor retains possession Subject Matter
Pacto de Retro – Equitable Mortgage Real property plus all its accessions unless contrary is stipulated
Price of sale with right to repurchase is usually inadequate Future property – without legal effect
Vendor remains in possession as lessee or otherwise Future improvements – deemed included
Upon or after expiration of right to repurchase, another instrument extending period /granting new Fruits & rents of mortgaged property deemed included
period is executed Continuing credit secured by mortgage valid
Purchaser retains a part of the purchase price Forms:
Vendor binds himself to pay taxes on thing sold Private document – void & inexistent
Real intention of parties is that transaction shall secure payment of debt or fulfillment of other Public instrument but not recorded – binding between parties but not 3rd persons without notice
obligation Public document & registered – valid & binding to 3rd parties

Real Mortgage Chattel Mortgage May Mortgage be Registered Without Duplicate Title: Yes
If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered
Subject matter is real property Subject matter is movable
owner:

May be in private document provided there is Stating that mortgage has been registered

Public document only affidavit of good faith Requesting that owner’s duplicate be produced so that memorandum be made thereof
Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may enter
Right of redemption for 1 year No right of redemption
order requiring owner to produce certificate

Deficiency can be recovered Deficiency cannot be recovered Subsequent Dealings in Mortgaged Property
May be further alienated – stipulation to contrary is void
Execution & Registration
Assignment must also be registered since registration is operative act to affect land
Execution of deed in a form sufficient in law (public instrument)
If not recorded – valid as to parties but not to 3rd parties, right not protected against somebody who
Registration with Register of Deeds where the land lies & take effect upon registration
registers & procures better right
Present deed of mortgage together with owner’s duplicate
No need to secure permission of mortgagee
Payment of fees
Understood unless prohibited in contract
Register of Deeds shall enter upon original certificate of title & upon duplicate a memorandum –
May be further mortgaged – stipulation to contrary is void
date, time of filing, signature, file number assigned to deed
Pactum commisorium – not allowed
Register of Deeds to note on deed the date & time of filing & reference to volume & page of
Property is mortgaged
registration book in which it was registered
There is stipulation for automatic appropriation
No duplicate need be issued
Discharge
Execute public document canceling or releasing mortgaged in form prescribed by law
Present instrument with Register of Deeds where land lies together with owner’s duplicate for
registration
Memorandum of cancellation is annotated on duplicate & original
When Mortgagor Dies
Publication required: post notices for 20 days in 3 public places where property lies & if property is
more than P400.00, publication must be for 3 consecutive weeks in news paper of general circulation
If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding 3,000.00
Registration of sale in Register of Deeds:
Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly

Abandon security & prosecute his claim by sharing in general distribution of assets of the estate stating the date, time, place of sale, names of creditor & debtor, description of property, name of

Foreclose mortgage by making executor party defendant highest bidder, selling price

Foreclose it in due time Present in Register of Deeds where land lies

Parties in Foreclosure Suit: all persons claiming interest subordinate in right to mortgagee Memorandum on back of certificate is made

Action to Foreclose: Prescribes in 10 years (written contract) After expiration of 1 year of redemption period – title is consolidated if no redemption exercised:
purchaser to file with Register of Deeds the deed of sale & sworn statement attesting to fact that
Venue: Per stipulation or in absence thereof, where the property lies
there is no redemption
Foreclosure
New certificate of title issued in favor of vendee
1. JUDICIAL
If redeemed – notice of redemption shall be registered & accomplished by way of memorandum on
Mortgagee to petition in court for foreclosure
proper certificate of title
Court to render order for debtor to pay sum due within 90 days and if not paid from date of service,
Right of Redemption
property be sold at public auction
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
Notice & Publication
To be exercised within 1 year after registration of sale
Public auction: sale to highest bidder
Right to Deficiency – allowed
Sheriff to issue certificate confirming judicial foreclosure
File with Register of Deeds final decree of court confirming sale
Memo entered in certificate of title CHAPTER 10: CHATTEL MORTGAGE

If right of redemption exist, certificate of title of mortgagor not to be cancelled but memorandum Chattel Mortgaged – personal property is registered with Register of Deeds to secure
shall be entered upon the certificate duplicate & original performance of an obligation
After expiry of 1 year redemption period & no redemption, title is consolidated to new owner Subject Matter: movables
Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed Deed of Mortgage:
If there is redemption, memorandum to be annotated on certificate of title Requires only description to enable parties & other persons to identify the subject matter
2. EXTRA-JUDICIAL Registration of Chattel Mortgage
Allowed only if stipulation between party authorizes extra-judicial foreclosure Execution of document
Cannot be made legally outside of city where land lies
Payment of fees Judicial
Register of Deeds enters in DAY BOOK in strict order of their presentation chattel mortgages & other Extra-judicial – only if there is stipulation/authority
instruments relating thereto (primary process) Procedure in Foreclosure
Register of Deeds thereafter enters in a more detailed form the essential contents of the instrument Notice posted for 10 days in at least 2 public places in municipality where property is to be sold
in the Chattel Mortgage Register (complementary process) designating the time, place and purpose of sale
Effect of Registration: Mortgagor is notified in writing at least 10 days before sale
Creates a lien – attaches to the property whoever holds it; binding on subsequent purchasers Public auction
Constructive notice 30 days after sale, officer makes a return & file with Register of Deeds where mortgage has been
Sale of Chattel Without Consent of Mortgagee – void; criminal act recorded

Effect of Failure to Register: Officer’s return operates as a discharge of the lien created by the mortgage

Valid between parties but void against 3rd persons Proceeds to be applied:

If instead of registration, it is delivered – it shall be a pledge & not chattel mortgage (if no chattel Cost of sale

mortgage deed executed) Amount of obligation

Actual knowledge is same effect as registration Subsequent mortgages

Affidavit of Good Faith: Statement That — Balance – mortgagor

Mortgaged is made to secure obligation specified Recovery of Deficiency: Allowed

Valid & just obligation

Not entered into for purpose of fraud CHAPTER 11: LEASE
Effect of Absence of Affidavit of Good Faith: Lease – one of parties deliver possession of property to another who is obliged to pay rent
Vitiates mortgage as against creditors & subsequent encumbrances for use of such property.
Valid as between parties Registration of Lease
No need to be in public document File with Register of Deeds the instrument creating lease together with Owner’s Duplicate of
Assignment of Mortgage certificate of title
No need to be registered, permissive only & not mandatory Register of Deeds to register by way of memorandum upon certificate of title
Cancellation of Chattel Mortgage No new certificate shall be issued
Mortgagee to execute a discharge of the mortgage in manner provided by law When Prohibition in Mortgaged Property as regards Subsequent Conveyances,
Foreclosure of Mortgage etc.: Leasehold cannot be registered in the title thereof.
The must first be non-payment & at least 30 days have elapsed since then Effect of Registration:
Alternatives:
Creates a real right but without prejudice to rights of 3rd persons
If not registered – valid as between parties but not to 3rd persons without notice
Registration – lessor not required to initiate; lessee shall initiate
Aliens:
May be granted temporary rights for residential purposes
Limit: 25 years, renewable for another 25 years
Who Else May Register: Builder in Good Faith
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
Trust – obligation of a person to whom legal title to property is transferred to hold the
property according to confidence reposed in him
2 Kinds:
Expressed – need to be in writing; cannot be proved by parole evidence
Implied – exist by operation of law; can be proved by parole evidence
Property is bought but paid by another party
Donation is made but donee have no beneficial interest thereon
Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan
Land passes by succession to a person but legal title is put in another’s name
2 persons purchase property but placed only in one’s name
Guardian uses funds of ward to buy property
Property is acquired thru mistake or fraud
Power of Attorney – authority granted to a person to dispose one’s property.
Trust Differentiated from Power of Attorney
Trust has 3 parties while power of attorney has 2 parties
Trust is for benefit of 3rd party while power of attorney is for benefit of principal
Registration of Trust
Sworn statement claiming interest by reason of an implied trust with description of land & reference
to number of certificate shall be registered in Register of Deeds
Provided not prohibited to do so by instrument creating the trust
Appointment of Trustee by Court
Certified copy of decree shall be presented to Register of Deeds & surrender duplicate certificate
Cancel duplicate & new certificate shall be entered by Register of Deeds
ACTION FOR RE-CONVEYANCE BASED ON IMPLIED TRUST
Prescribes in 10 years
If acknowledged in written form – becomes express trust – prescribes upon repudiation
CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND
Involuntary Dealings – transactions affecting land in which cooperation of registered owner
is not needed: it may even be against his will
Attachment
A writ issued at the institution or during progress of an action commanding the sheriff to attach the
property, rights, credits or effects of the defendant to satisfy demands of the plaintiff
Kinds:
Preliminary
Garnishment
Levy on execution
Registration of Attachment / Other Liens
Copy of writ in order to preserve any lien, right or attachment upon registered land may be filed with
Register of Deeds where land lies, containing number of certificate of title of land to be affected or
description of land
Register of Deeds to index attachment in names of both plaintiff & defendant or name of person
whom property is held or in whose name stands in the records
If duplicate of certificate of title is not presented:
Register of Deeds shall within 36 hours send notice to registered owner by mail stating that there has
been registration & requesting him to produce duplicate so that memorandum be made
If owner neglects or refuses – Register of Deeds shall report matter to court
Court after notice shall enter an order to owner to surrender certificate at time & place to be named Publication of notice must also be made in English, Spanish & local dialect & posted in a public &
therein conspicuous place in place wherein property is situated & at main entrance of provincial building
4. Although notice of attachment is not noted in duplicate, notation in book of entry of Sale cannot affect rights of other lien holders unless given right to defend their rights: due process

Register of Deeds produces effect of registration already. must be strictly observed

Effect of Registration of Attachment: Tax lien superior to attachment

No need to register tax lien because it is automatically registered once the tax accrues
Creates real right
But sale of registered land to foreclose a tax lien need to be registered
Has priority over execution sale
But between 2 attachments – one that is earlier in registration is preferred Procedure of Registration of Tax Sale:

If not registered – actual knowledge is same as registration Officer’s return shall be submitted to Register of Deeds together with duplicate title

Duty of Register of Deeds Register in registration book

Memorandum shall be entered in certificate as an adverse claim or encumbrance
Basically ministerial but may refuse registration in ff circumstances:
After period of redemption has expired & no redemption (2 years from registration of auction sale)
Title to land is not in the name of defendant
cancellation of title & issuance of new one
No evidence is submitted to show that he has present or possible future interest in land
Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it
Unless: heir
shall not be cancelled
Properties Exempt From Execution: Family Home
Actual Knowledge is Equivalent to Registration
Attachment – How continued, reduced or discharged
Adverse Claim
Any method sufficient in law
Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of
Document to be registered
certificate of land, name of registered owner, description of land in which right/interest is claimed –
EXECUTION SALE
signed & sworn to
To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien
Statement shall be entitled to registration as adverse claim on certificate of title
shall be filed with Register of Deeds where land lies
Effective for 30 days from date of registration
Register in registration book & memorandum upon proper certificate of title as adverse claim or as an
After 30 days, may be cancelled by filing of verified petition by party in interest
encumbrance
Any party may petition in court to cancel adverse claim
To determine preferential rights between 2 liens: priority of registration of attachment
Court to grant speedy hearing
TAX SALE
If adverse claim is adjudged invalid – may be cancelled
Sale of land for collection of delinquent taxes and penalties due the government
No 2nd adverse claim based on same ground shall be registered by same claimant
In personam (all persons interested shall be notified so that they are given opportunity to be heard)
Notice to be given to delinquent tax payer at last known address
CHAPTER 14: REGISTRATION OF LIS PENDENS
Purpose: keep subject matter within the power of the court until the entry of final judgment
Therefore creates merely a contingency & not a liens CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE
Effect of Registration: When Owner of Property Dies – testate or intestate,
Impossibility of alienating the property in dispute during the pendency of the suit – may be alienated Administrator shall file with Register of Deeds registration of property in his name to be vested with
but purchaser is subject to final outcome of pending suit ownership as trustee so he can sell, etc, convey, etc
Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued Not necessary if already empowered in the will
Cancellation of Lis Pendens: When Judicial Proceeding Not Necessary
Before final judgment – court may order cancellation after showing that notice I sonly for purpose of Heirs may partition estate immediately & no need to be burdened with cost/expenses of an
molesting an adverse party or it is not necessary to protect rights of party who caused it to be administrator
registered In absence of debts
Register of Deeds may also cancel by verified petition of party who caused such registration Heirs are all of legal age
Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is Partition / Settlement of Estate
registered JUDICIAL
Notice of Lis Pendens is an Involuntary Transaction After entry of final judgment of partition, copy certified by clerk of court to be filed with Register of
Sufficient that there is entry in day book Deeds
Other Parties who Need to Register: Each owner to gave separate certificate of title (duplicate)
ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon
Duty of the officer serving notice to file copy of notice to Register of Deeds where the property of presentment of order confirming sale
debtor lies EXTRAJUDICIAL
Assignee elected or appointed by court shall be entitled to entry of new certificate of registered land Decedent died intestate
upon presentment of copy of assignment with bankrupt’s certificate of title (duplicate) No debts
New certificate shall not that it is entered to him as assignee or trustee in insolvency proceedings Heirs are all of legal age, or minors represented by guardian
Judgment / Order Vacating Insolvency Proceedings Heirs to execute public instrument to be filed with Register of Deeds

Order shall also be registered If disagree with each other, file in court ordinary action for partition

Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with Register of

GOVERNMENT IN EMINENT DOMAIN Deeds

Copy of judgment file in Register of Deeds which states description of property, certificate number, If there is movables involved, bond to be filed equivalent to value of property as certified under oath

interest expropriated, nature of public use by parties conditioned upon payment if any just claim which may be filed by creditor within 2 years

Memorandum shall be made or new certificate of title shall be issued after distribution
Publication in newspaper of general circulation for 3 weeks; not binding to those without notice
Final after 2 years
Oral Partition, When Deemed Valid
In provinces when person dies leaving property not covered by Torrens system – to avoid legal
expenses, heirs make a list of property, pay off debts & assign to each
Statute of frauds – do not operate because it is not a conveyance but a separation of property and
designation of part which belongs to them
Wills and Letters of Administration
Executor required to file with Register of Deeds a certified copy of his letters of administration or the
will if there is a will in order that Register of Deeds may register upon certificate a memorandum with
reference to file no & date of filing
Court Authority Needed in Order to Sell
May be dispensed with if will empowers him sell
Without authority first secured, heir may sell subject to result of pending administration
CHAPTER 16: ASSURANCE FUND
State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to
the indefensibility of title; following that act of registration is operative act by which State transfers
title; created to relieve innocent persons from harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to land.
Upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid to Register of Deeds based
on assessed value of land – as contribution to assurance fund; if no assessment yet, sworn declaration
of 2 disinterested persons subject to determination by court.
Money shall be under custody of the National treasurer; invest it until P+I aggregates to 500,000,
excess shall be paid to the Assurance Fund; annual report of Treasurer to Secretary of Budget.
Who is Entitled:
Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage by
loss of land; in short – he is deprived of his land or interest therein
No negligence attributable to him
Claimant is barred from filing action to recover said land
Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
Breach of trust
Mistake in resurvey resulting in expansion of area in certificate of title
Loss/Damages Should be Due to the Following Reasons:
Omission, mistake, misfeasance of Register of Deeds or clerk of court
Registration of 3rd persons as owner
Mistake, omission, misdescription in certificate of title, duplicate or entry in books
Cancellation
Against whom Action is Filed:
Action due to deprivation of land due to mistake, negligence, omission of Register of Deeds, etc –
Register of Deeds and National Treasurer as defendants; Sol-Gen must appear
Private persons involved – should also be impleaded
Liability:
Satisfy claims from private persons first
When unsatisfied – secondary liable is the National Treasurer who shall pay thru assurance fund;
thereafter Government shall be subrogated to rights of plaintiff to go against other parties or
securities
Measure of Damages:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is maintained as standing fund
If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds
available to Treasury even if not appropriated
Where and When to File Action against Assurance Fund:
Any court of competent jurisdiction – RTC in city where property lies or resident of plaintiff
Action prescribes in 6 years from time plaintiff actually suffered loss
If plaintiff is minor, insane or imprisoned – has additional 2 years after disability is removed to file
action notwithstanding expiration of regular period
 Petition Seeking Surrender of Duplicate Title

CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION In voluntary and involuntary conveyances – when duplicate cannot be produced, petition in court

Lost Duplicate Certificate may be filed to compel surrender of certificate of title duplicate to Register of Deeds

Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds After hearing, may order issuance of new certificate and annul the old certificate; new certificate shall

Petition to court for issuance of new title contain annotation re annulment of old certificate

After notice and hearing – court to order issuance of new title with memorandum that it is issued in
place of lost certificate (duplicate) Amendment and Alteration of Certificate of Title

If false statement: complex crime of estafa thru falsification of public document A certificate of title cannot be altered, amended except in direct proceeding in court; summary

Adverse claim in registered land proceeding

Whoever claims a better right or interest in a land adverse to the registered owner shall make written Entries in registration books also not allowed to be altered except by order of the court

statement alleging his right, how and when acquired with description of land Grounds:

Statement to be signed and sworn to New interest not appearing on the instrument have been created

Entitled to registration as adverse claim – noted on certificate of title Interest have terminated or ceased

If there is petition – speedy hearing, determine validity of adverse claim Omission or error was made in entering certificate

May be cancelled without court order; effective only for 30 days Name of person on certificate has been changed

After cancellation, no adverse claim on same ground may be registered by same claimant Registered owner has married

Adverse to registered owner Marriage has terminated

Arises after original registration Corporation which owner registered land has dissolved and has not conveyed the property within 3

Cannot be registered under provisions of land registration act years after its dissolution

To be made on original certificate, to the duplicate is not necessary because no access What corrections are permitted in title (which does not include lands included in original; technical

Contracts of lease, contract to sell but prescription and money claims are not allowed description as long as original decree of registration will not be reopened and rights or interest of

Purpose: measure designed to protect the interest of a person over a property where registration is persons not impaired; old survey was incorrect; substitution of name of registered owner)

not provided for by the land registration act; serve as notice and warning to persons subsequently Alteration which do not impair rights and

dealing on said land Alteration which impair rights – with consent of all parties

Different with lis pendens: permanent; can only be removed after hearing is done but adverse claim is Alterations to correct obvious mistakes

only for 30 days: lis pendens – notice that property is in litigation; adverse claim; somebody is
claiming better right Reconstitution of original certificate of tile
Recent ruling: adverse claim can only be removed upon court order As consequence of war – records have been destroyed
When reconstituted – have same validity as old title
Can only be done judicially by filing a petition for reconstitution with RTC Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered;
To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days before deceitful disposition of property as free from encumbrance: imprisonment of 3 years or fine not
hearing exceeding 2,00 or both at discretion of court
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to Register of Deeds CHAPTER 19: REGISTRATION OF PUBLIC LANDS
Lack of essential data fatal Public Lands – all lands owned by the government
Inalienable and alienable
Transaction evidenced by lost document – how registered Inalienable – public domain: timber and miner lands
Register of Deeds forbidden to effect registration of lost or destroyed documents Alienable/ Disposable – public agricultural land
Steps by interested parties: Public land may be alienated, conveyed to private person.
Procure authenticated copy of lost or destroyed instrument
Procedure:
Secure an order from court
Official issuing instrument of conveyance to issue instrument
File instrument with Register of Deeds
CHAPTER 18: FEES, OFFENSES, PENALTIES Instrument to be entered in books and owner’s duplicate to be issued
In connection with original and subsequent registration of lands – payable to Clerk of court, Register Instrument – only contract between Government and private person and does not take effect as
of Deeds, sheriff conveyance if unregistered, it is registration which is operative act of conveying land; evidence of
Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees due authority for Register of Deeds to register
payable within next 15 days Fees to be paid by grantee
Offenses: After issuance of certificate of title, land is deemed registered land within the purview of the Torrens
Larceny system
Perjury – false statement under oath Nature of Title to Public Lands conveyed: Indefeasible and Conclusive
Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or In absence of registration, title to public land is not perfected and therefore not indefeasible
both in discretion of court In case of 2 titles obtained on same date – one procured thru decree of registration is superior than
Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court patent issued by director of lands
Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of Register 2 titles procured by one person – one from homestead patent, one from judicial decree & sold to 2
of Deeds diff persons, one who bought it for value and in good faith & one who register first shall have
Fraudulent stamping or assistance in stamping preference.
Forging of handwriting, signature of persons authorized to sign Classification of Land of Public Domain:
Use of any document which an impression of the seal of the Register of Deeds is forged
Classification is exclusive prerogative of executive & not by judiciary
Anyone who applies for confirmation of imperfect title has burden of proof to overcome the Empowered to alienate and dispose lands
presumption that the land sought to be registered forms part of public domain (Regalian doctrine). Modes of Alienating Public Lands:
Under the Constitution: Homestead settlement
Agricultural – only one subject to alienation Sale
Forest or timber Confirmation of imperfect or incomplete title
Mineral lands Judicial legalization
National park Administrative legalization
Under the Public Land Act: Lease not included since lease does not transfer ownership; free-title grant: free distribution of public

Alienable/disposable lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash

Agricultural allowance to enable him to cultivate

Residential, commercial, industrial Confirmation of Imperfect Title:

Educational, charitable Last extension granted by Government was until December 31, 1987
Town sites and for public and quasi-public uses Right made available to person qualified to acquire alienable and disposable public land thru open,
Timber lands – inalienable continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12,
Mineral lands inalienable 1945.
If patent or title is issued – void ab initio for lack of jurisdiction Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title,
Not subject to acquisitive prescription; even if in possession for long time, will not ripen into without default on their part provided they have occupied since their application
ownership In OCEN possession since June 12, 1945 or earlier
Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
15, 1935; vested rights which are protected. Max Land that can be Applied: 144 hectares
Fishponds In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
Before: included in definition of agriculture, conversion of agricultural land to fishponds Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can

does not change character of land only lease

Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be Persons Competent to Question Land Grant

leased from government. Persons who obtained title from State or thru persons who obtained title from State

Director of Lands PATENT

Quasi-judicial officer When is Government Grant Deemed Acquired by Operation of Law:

Findings of fact conclusive on higher court with absence of fraud, mistake other than error of Deed of conveyance issued by government patent/grant

judgment; but not with regards to finding of law Registered with Register of Deeds – mandatory: operative act to convey & transfer title
Actual physical possession, open & continuous Alienations or encumbrances made in favor of the government
Land ceased to be part of public domain & now ownership vests to the grantee Erred Homesteader not Bared by Pari Delicto
Any further grant by Government on same land is null & void Pari delicto rule does not apply in void contract
Upon registration, title is indefeasible Violation of prohibition results in void contract
Title Issued Pursuant to Registration of Patent Action to recover does not prescribe
Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after issuance of Homesteader
patent If he dies, succeeded by heirs in the application
May not be opened one year after entry by Land Registration Authority; otherwise, confusion, Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
uncertainty & confusion on government system, of distribution of public lands may arise & this must Conveyance is valid if able to read and can understand language where deed is written
be avoided Otherwise, not valid unless approved by Commission on National Integration
Except: annullable on ground of fraud, may be reopened even after 1 year because Safeguard is to protect them against fraud/deceit
registration does not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS
title Purpose:
Aim of Homestead Patent: Another means to bring lands under operation of Torrens System
Benevolent intention of government to distribute disposable agricultural land to destitute citizens for Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to
their home and cultivation hasten and accelerate registration
As a matter of public policy, may be repurchased even if after 5 years provided not for profit Government initiates that all lands within a stated region are up for registration – whether or not
Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation owners are interested to settle their titles
purpose Nature of Proceedings:
Restrictions: In rem
Cannot be alienated within 5 years after approval of application for patent No defendant & no plaintiff
Cannot be liable for satisfaction of debt within 5 years after approval of patent application Compulsory
Subject to repurchase of heirs within 5 years after alienation when allowed already Procedure:
No corporation, partnership, association may acquire unless solely for commercial, industrial,
Cadastral survey
educational, religious or charitable purpose or right of way subject to consent of grantee & approval
In opinion of Phil president pursuant to requirement of public interest, title of land within a specified
of Secretary of Natural resources
area needs to be settled and adjudicated
Exceptions: Order Director of Lands to make survey and plan
Action for partition because it is not a conveyance
Director gives notice to persons claiming interest in lands & to gen public of day of survey – published If none could prove title – land is declared public domain
in OG and posted in conspicuous place on lands to be surveyed Decision
Geodetic engineers commences survey Claimants are notified of decision
During survey, boundaries are marked by monuments Issuance of decree and certificate of title
Filing of petition Upon order of court, LRA to enter decree of registration
After survey and plot been made, Director represented by Sol Gen institutes cadastral proceeding by Decree made basis for issuance of OCT
filing petition in court against holders, claimants, possessors, occupants Decree are now being directly prepared and issued on regulation forms of such certificate
Parcel of lots given their cadastral numbers Nature of Title Covered by 2 Acts:
Publication of notice of hearing Title in good faith & for value
Court to order date of hearing Errors in plan does not annul decree of registration
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy Cancellation & correction is permitted
mailed to person whose address is known & other copies posted in conspicuous place designated Land Already Registered
bylaw Jurisdiction is limited only to correction of technical errors
Filing of answer Court cannot issue decree on land already decreed
Any person claiming interest in any part of lands subject to petition is required to file answer Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered
Answer must give the ff details: land to be registered again in name of another
Age of claimant Jurisdiction subsist to all incidental matters
Cadastral number of lot claimed CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
Name of barrio or municipality where lot is located
CADASTRAL ORDINARY
Name of owners of adjoining lots
If in possession & without grant – no of years in possession Party Initiating Government Private Individual
If not in possession – state interest claimed
Subject Matter Private and Public Private Lands
If assessed of taxation – assessed value
Any encumbrances affecting said lots Government does not assert
Hearing of case ownershipInterested only in
In any convenient place where land lies Ownership settlement of titles Ownership is Asserted
Like an ordinary RTC trial
Conflicting claims are determined Government undertakes survey and

Lots claimed are awarded to persons entitles – if they could prove title Survey advances expenses On account of owner
 Applicant has another chance to
In absence of successful claimant, claim is dismissal is without
As to risk property goes to government prejudice

When can Cadastral Proceedings may be Opened

10 years up to Dec 31, 1968
Unable to file their claim even while in possession granted right to petition for reopening of
proceedings provided such were not alienated, leased or disposed by government
Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver Possession
Provisions of land registration act applicable to cadastral proceedings

CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person prior
to registration (limited effect to 3rd parties)
Reason: no strict investigation involved
Subsequent dealings – also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
Presentment of instrument dealing in unregistered land
If found in order – registered
If found defective – registration is refused writing his reason for refusal