ENUMERATION

4. Deputy Register of Deeds

• Member of the Bar
MIDTERMS
Other employees to be appointed by the SOJ upon recommendation of the
ADVANTAGE OF THE TORRENS SYSTEM Commissioner
• Security of title
• Reduced costs of conveyances and time occupied REGISTER OF DEEDS
• For brevity and clearness of title • One per province and city
• Simplified ordinary dealings • SOJ will define official station and territorial jurisdiction upon
• Affords protection against fraud recommendation of the Commissioner
• Restored to their just value many estates held under good holding • Appointed by the President upon recommendation of SOJ
titles
• Avoids possible conflicts of title and facilitate transactions by giving WHO MAY APPLY FOR REGISTRATION OF TITLE TO LAND
the public the right to rely upon the Torrens title • Those who by themselves, or through their predecessors-in-
interest, have been in open, continuous, exclusive, notorious
HOW JURISDICTION OVER THE RES IS ACQUIRED possession and occupation of alienable and disposable lands of the
• Publication public domain under a bona fide claim of ownership since June 12,
• Notice 1945 or earlier
• Mailing • Those who have acquired ownership of private lands by
prescription under the provisions of existing laws
• Those who have acquired ownership of private lands or abandoned
QUALIFICATIONS river beds by right of accession or accretion under the existing laws
1. Administrator of Land Registration • Those who have acquired ownership of land in any other manner
• Qualified member of the Bar provided for by law
• 10 year practice in the legal profession
• [Same rank, privilege, compensation as an RTC Judge] RULES ON DOUBLE SALE OF IMMOVABLES (applies only to lands
• Appointed by the President registered under the Torrens system)
• First registrant in good faith
2. Deputy Administrator of Land Registration (2 of them) • First possessor in good faith
• Qualified member of the Bar • One with oldest title
• 10 year practice in the legal profession
• Appointed by the President INSTANCES WHERE REGISTER OF DEEDS MAY DENY REGISTRATION
• When there are several copies of the title (co-owner’s duplicate) but
3. Register of Deeds only one is presented with the instrument to be registered
• Member of the Bar • When the property is presumed to be conjugal but the instrument of
• 3 year practice in the legal profession OR employed for 3 years in conveyance bears the signature of only one spouse
any branch of government, functions of which include registration of • When there is a pending case in court where the character of the
property land and validity of the conveyance are in issue.
• Appointed by the President • When required certificates or documents are not submitted
REQUISITES FOR REGISTRATION UNDER 14(1)

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 • Land applied for is an agricultural public land already classified as
alienable and disposable at the time of filing application for
registration
• Applicant, by himself or through his predecessors-in-interest, has
been in open, continuous, exclusive and notorious possession and
occupation of the land under a bona fide claim of ownership
• Such possession and occupation must have been commenced
since June 12, 1945 or earlier.
CLASSIFICATION OF LAND ACCORDING TO OWNERSHIP
• Public
• Private
CLASSIFICATION OF LAND ACCORDING TO ALIENABILITY
• Agricultural
• Forest
• Mineral
• Natural Parks
PUBLIC TO PATRIMONIAL PROPERTY, REQUISITES:
• Express declaration that property is no longer intended for public
use, public service or development of national wealth and
• Express declaration that the same is alienable and disposable
POSSESSION FOR THE PURPOSE OF PRESCRIPTION
• Must be in the concept of owner, public, peaceful, uninterrupted
• Open
• Continuous
• Exclusive
• Notorious
REQUISITES FOR REGISTRATION UNDER THE PUBLIC LAND ACT
• The land is alienable public land
• His possession and occupation has been open, continuous,
exclusive, notorious and in the concept of owner
• Since June 12, 1945
REQUISITES WHEN LAND IS SOLD DURING THE PENDENCY OF
PROCEEDING
DMG C2020 | LAND TITLES | ATTY. CASIS
• Instrument be presented to the court by the interested party
together with a motion that the same be considered in relation with
the application
• Prior notice be give to the parties of the case.
PURPOSE OF PUBLICATION
• To confer jurisdiction upon the court over the res, and
• To apprise the whole world of the pending registration case so that
they may assert their rights or interests in the land, if any and
oppose the application, if so minded.
REQUISITES FOR AN OPPOSITION TO BE CONSIDERED
• The oppositor must have an interest in the land applied for;
• He should state the grounds for his objection as well as the nature
of his claimed interest;
• He should indicate the desired relief; and
• The opposition should be signed and sworn to by him or by his duly
authorized representative.
PERSONS WHO MAY FILE OPPOSITION
• A homesteader who has not yet been issued his title but has
fulfilled all the conditions required by law for the issuance of patent;
• A purchaser of friar land who is deemed to have an equitable title to
the land even before the issuance of the patent;
• An awardee in a sales application who, by virtue of the award, is
authorized to take possession of the land to enable him to comply
with the requirements for the issuance of patent;
• A person claiming to be in possession of the land and has applied
with the Lands Management Bureau for its purchase.
WHEN SUBDIVISION PLAN REQUIRED
• If the opposition or adverse claim covers only a portion of the lot
applied for which is not delimited on the plan accompanying the
application;
• In case of undivided co-ownership, conflicting claims of ownership
or possession, or overlapping of boundaries.
CONDITIONS TO SATISFY GOOD FAITH
• The seller is the registered owner of the land;
 • That the seller is in possession thereof;
• At the time time of the sale, the buyer was not aware of any claim
or interest of some other person in the property, or of any defect or
restriction in the title of the seller or in his capacity to convey title to
the property.

REQUISITES FOR ACTION FOR RECOVERY OF OWNERSHIP

• Petitioner has ownership of the land
• The land is registered or conveyed under or to another party

PRESCRIPTION FOR ACTION FOR RECOVERY OF OWNERSHIP

• Within 4 years upon discovery of fraud
• Within 10 years if it is an implied trust

FINALS

STATUTORY LIENS
• Liens under the law
• Unpaid real estate taxes
• Public highways / private ways
• Irrigation Canals
• PD 27 / RA 6657
• Spouses / Tenancy
• Attachment / Levy
• Partition
• Eminent Domain
• Insolvency

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REMEDIES ! If the judgment itself or decree of registration is
questionable
1. Motion for Reconsideration o Bawal against innocent purchaser for value
• Within 15 days from receipt of judgment ! Because it will destroy the Torrens system
• From the receipt of the OSG o Extrinsic fraud
• Findings and conclusions ! It was done such that one was not able to fully
o Not supported by evidence present his case
o Contrary to law or jurisprudence o After 1 year, title is indefeasible and incontrovertible
! 1 year from
2. Motion for New Trial
• Within 15 days from receipt of judgment 6. Reconveyance
• Not given an opportunity to present your case in the first trial • After 1 year
o Grounds are: o Ask that the property actually be returned to you
o Fraud, accident, mistake or excusable negligence o That property should not have been transferred to an
• Resulted to impairment of the right of the innocent purchaser in good faith
accused • Available not only to the legal owner but also the person with a
o Newly discovered evidence better right than the person under whose name the property was
o Not present at time of trial erroneously registered.
• Affidavit of Merit: • If already transferred, action will be for damages
o On Fraud, Accident, Mistake, Excusable Negligence • An action in personam
o Meritorious cause of action or defense
o Not necessary if matter of right When there is FRAUD, prescription runs and action should be done within 4
years from discovery
3. Petition for Relief from Judgment
• In this case, judgment has become final 7. Action for quieting of title
• Period: • Imprescriptible if the plaintiff is in possession
o 60 days from notice • 10 or 30 years depending on ordinary or extraordinary prescription
o 6 months from entry of judgment (Acquisitive)
• FAME: prevented appeal • Remedy when there is a cloud on the title

4. Appeal 8. Action for reversion

• Within 15 days from receipt of judgment • State’s remedy
• Done by filing notice of appeal • Imprescriptible

5. Review of Decree of Registration Reversion Escheat proceedings

• A petition filed with the same RTC that issued the decree Expressly authorized by the Public Instituted as a consequence of a
o This is because that same RTC still has jurisdiction over the Land Act violation of the Constitution
case w/in one year
o Can you file prior to registration? YES

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TERMS AND CONCEPTS • e.g. if a land is registered under the Torrens system but the Deed of
Sale is registered under a diff law, the registration does not operate
MIDTERMS as a constructive notice against the world

Regalian Doctrine – All lands and all other natural resources belong to the
State
Regalian Doctrine – Land that has not been acquired from the government
either by purchase, grant or any other mode recognized by law belongs to
the State as part of the public domain
Torrens System – Systems of registration of transactions with interest in land
whose declared object is, under governmental authority, to establish and
certify to the ownership of an absolute and indefeasible title to realty, and to
simplify its transfer
Duty of the Register of Deeds to Issue Decree is Ministerial
• He may not validly refuse to register a deed of sale presented to
him for registration. The law does not require that only valid
instruments shall be registered
• Register of Deeds cannot exercise his personal judgment and
discretion when confronted with an instrument that cannot be
registered because it is invalid.
• When the Register of Deed is in doubt with regard to the instrument
presented to him, he shall certify the question to the LRA
Administration who shall, after notice and hearing, enter an order
prescribing the step to be done on the doubtful question.

Courts can still render invalid certificates obtained under the Torrens system Duty of LRA to issue decree is ministerial.
if there is fraud • Although the LRA duty of issuing decrees are purely ministerial, it is
ministerial only in the sense that they act under the orders of the
Tax declarations and tax receipts cannot prevail over a certificate of title court and the decree must be in conformity with the decision of the
which is an incontrovertible proof of ownership court and with the data found in the record, as to which they have
no discretion on the matter.
Title Certificate of Title • However, if they are in doubt upon any point in relation to the
Lawful cause or ground of Mere evidence of ownership, and not preparation and issuance of the decree, it is their duty to refer the
possessing that which is ours. It is the title to the land itself. matter to the court.
the foundation of ownership of • The Register of Deeds cannot be compelled by mandamus to issue
property, real or personal. It is a just a decree of registration because this is a judicial function and
cause of exclusive possession. involves discretion.

Proceeding in Rem – One where the object of the action is to bar
indifferently all who might be minded to make an objection of any sort
against the right sought
  to be established, and if anyone in the world has a
right to be heard on the strength of alleging facts which, if true, show an
inconsistent interest
Jurisdiction for land registration proceedings is with the RTC
Registration of instruments affecting titled land must also be done under the
Property Registration Decree
Present rule: original registration must be accompanied by a
CENRO/PENRO and a copy of the original classification approved by DENR
Where a registration is done in bad faith, it is as if no registration was done
at all
Registration does not add validity or does not convert an instrument into a
valid one
Registration does not need notice and hearing

Registration only confirms ownership

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Land Management Bureau – Has exclusive authority to approve original
survey plans
Lands that are subjects of judicial confirmation of imperfect title are all
alienable and disposable lands of the public domain since June 12, 1945 or
earlier
The Executive Department is the one that classifies land
Where land is already a private land, the applicant has the right to register
the same under section 14(2) even if possession commenced later the June
12, 1945.
Judicial confirmation for imperfect or incomplete titles - RA No. 9176
extended the period to file application to December 31, 2020; area limited to
12 hectares
Public Land Act - Special law specifically applying to agricultural lands of the
public domain
Registration under Sec. 48(b) of the Public Land Act presumes that the land
was originally public agricultural land but because of adverse possession
since June 12, 1945, the land has become private
Title is void where land is inalienable and may be cancelled even in the
hands of an innocent purchaser for value
What the law merely requires is that the property sought to be registered is
“already alienable and disposable at the time the application for registration
is filed.”
There can be no imperfect title to be confirmed over lands not yet classified
as disposable or alienable.
Open, exclusive and undisputed possession of alienable public land for the
period prescribed by law creates the legal fiction whereby the land, upon
completion of the requisite period, ipso jure and without the need of judicial
or other sanction, ceases to be public land and become private property
No plan or survey may be admitted in land registration proceedings until
approved by the Director of Lands.
DMG C2020 | LAND TITLES | ATTY. CASIS
Only the Land Management Bureau may verify and approve survey for
original registrations purposes
Publication – one the essential bases of jurisdiction of the court in land
registration and cadastral cases, and additional territory cannot by included
by amendment for of the plan without new publication.
Dealings or transaction entered into pending registration do not required
amendment of application
Constructive Seizure – Effected through publication of the application for
registration and posting and service of notice to affected parties
Publication in the official gazette is sufficient to confer jurisdiction but
publication in newspaper is necessary to accord with due process
requirement
New publication necessary to include additional area (for inclusion, required
but for exclusion, not necessary)
Non-publication or a defective one will render the proceeding void
Role of Solicitor General - Bound to “represent the Government in all land
registration and related proceedings.”
Unless the Solicitor General is furnished with copies of court orders, notices
and decisions, the same have no binding effect on the government.
To give a person a legal standing to object to the application for registration,
he must make some claim to the property.
A claimant having failed to present his answer or objection to the registration
of a parcel of land under the Torrens system or to question the validity of
such registration within a period of one year after the certificate of title had
been issued, is deemed to have forever lost his right in said land even
granting that he had any right therein.
Pursuant to the Regalian doctrine, all lands of the public domain and all
other natural resources are owned by the State, hence, it is the burden of
the applicant (or private oppositor) to overthrow the presumption that the
land is public land by “well-nigh incontrovertible proof” and that he is entitled Capacity to own land is determined as of the time of its acquisition and not
to registration under the law. registration.

Absence of opposition by the government does not justify outright Foreigners are allowed to acquire condominium units and shares in
registration; He must show, even though there is no opposition, to the condominium corporations NOT MORE THAN 40% of the total and
satisfaction of the court, that he is the absolute owner, in fee simple. outstanding capital stock of a Filipino-owned or controlled corporation

Order of special default - When an appearance has been entered and
answer filed, a default order shall be entered against persons who did not
appear and answer; it is directed only against those who did not enter their
appearance and file answer.
A declaration of default is not a guarantee that the application for registration
will be granted. It is still the burden of the applicant to prove that he is
entitled to registration by “well- nigh incontrovertible proof.”
If land is invalidly transferred to an alien who subsequently because Filipino
Citizen or transfers it to a Filipino, the flaw in the original transaction is cured
and the title of the transferee is valid.
The applicant for land registration must prove that the DENR Secretary had
approved the land classification and release the land of the public domain as
alienable (A) and disposable (D) and that the land falls within the land
classification map.

Party in default may appeal judgment when FAME is present
Proof required in registration proceedings - The burden is on the applicant to
prove his positive averments and NOT for the government or private
oppositors to establish a negative proposition.
The burden of proof in overcoming the presumption of State ownership of
lands of the public domain is on the person applying for registration
Possession of mineral land, no matter how long, does not confer possessory
rights.

Kriyenko Doctrine – Aliens are disqualified from acquiring public or private Ownership of land does not extend to minerals underneath
lands
Land cannot be partly mineral and partly agricultural
Natural-born Aliens Corporations
Public Land May acquire / May not hold, May hold, may not Pursuant to RA No. 8371 of the Indigenous Peoples Rights Act, the
hold may not acquire acquire Indigenous Cultural Communities (ICCs) or the Indigenous Peoples (IP)
Private Land May acquire / May hold, may May hold, may have priority rights in the harvesting, extraction, development or exploitation
hold not acquire acquire of any natural resources within the ancestral domains.
XPN: Former Condition: 60%
natural-born Filipino owned The registration of a foreshore land is void
XPN: Hereditary
succession Corporation soles Mere reclamation by the PEA does not convert it into alienable or disposable
may acquire and lands of the public domain. Two acts are necessary for the conversion:
register classification that these s lands are alienable or disposable lands of the
public domain and declaration that theses lands are not needed for public
service.

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Lakes are neither agricultural nor disposable lands of the public domain. Any
title issued over these even in the hands of an innocent purchaser for value
shall be cancelled.
A dried up creek bed is property of public dominion
Applicant (and even the oppositor) must present competent and persuasive
proof to substantiate his claim; may not rely on general statements, or mere
conclusions of law other than factual evidence of possession and title. The
evidence must be “well-nigh incontrovertible.”
Before any land may be declassified from the forest group and converted
into A&D land for agricultural or other purposes, there must be a positive act
from the government.
The applicant for land registration must prove that the DENR Sec. had
approved the land classification and release the land of the public domain as
A&D, and the land subject of the application for registration falls within the
approved are for verification through survey by the PENRO/CENRO
Errors in survey plans will not annul the decree of registration
Tax declarations; tax receipts - Not conclusive evidence of ownership but
are good indicia of the possession in the concept of owner; When coupled
with actual possession, it constitutes evidence of great weight and can be
the basis of a claim of ownership through prescription
Failure to pay taxes does not alone constitute abandonment of property
A final judgment in an ordinary civil case determining the ownership of a
piece of land is res judicata in a registration proceeding where the parties
and the property are the same as in the former case
A judgment dismissing an application for registration of land does not
constitute res judicata
Judgment rendered in a land registration case becomes final upon the
expiration of 15 days from the date the party concerned receives notice
thereof.
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Writ of possession – Employed to enforce a judgment to recover the
possession of land
The writ of execution must require sheriff to dispossess or eject the losing
party from the premises and deliver the possession thereof to the winning
party. If subsequent to such possession or ejectment the losing party enters
or attempts to enter into or upon the real property, for the purpose of
executing acts of ownership or possession, or in any manner disturbs the
possession of the person adjudged to be entitled thereto, then and only then
may the loser be charged with and punished for contempt.
Cloud on title – Outstanding claim or encumbrance which, if valid, would
affect or impair the title of the owner. On its face, it is effectual, but can be
shown to be invalid or inapplicable
Affidavits of Merit
• Motion for new trial grounded on fraud, accident, mistake or
excusable negligence should ordinarily be accompanied by 2
affidavits
o One, setting forth the facts and circumstances alleged to
constitute such fraud, accident, mistake or excusable
negligence
o Second, an affidavit setting forth the particular facts
claimed to constitute the movant’s meritorious cause of
action or defense
• Affidavits of merit are not necessary if the granting of the
motion for new trial is not discretionary with the court but is
demandable as of right
• As where the movant has been deprived of his day in court
through no fault or negligence on his part because no notice of
hearing was furnished him in advance so as to enable him for
trial
• Or where the attack is on the jurisdiction of the court
Fraud – Must be extrinsic to litigation to be a ground for nullity of judgment
Accident or surprise – The accident should be one where ordinary prudence
could not have guarded against and by reason of which the party applying
has probably been impaired in his rights
Mistake – Unintentional act, omission or error arising from ignorance,
surprise, imposition or misplaced confidence
Excusable neglect – Failure to take the proper steps at the proper time, not
in consequence of the party’s own carelessness, inattention or willful
disregard of the process of the court, but in consequence of some
unexpected or unavoidable hindrance or accident, or reliance on the care
and vigilance of his counsel or on promises made by the adverse party.
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, who pays a full
and fair price at the time of the purchase or before receiving any notice of
another person’s claim
Good faith is presumed, thus bad faith must be established by competent
proof by the party alleging the same.
Purchaser is not required to explore further than what the title indicates for
hidden defects; XPN: The presence of anything that excites or arouses
suspicion should then prompt the vendee to look beyond the certificate and
investigate the title of the vendor appearing on the face of said instrument.
As between two persons in good faith, the lawful holder of a title is preferred
Rule of Caveat Emptor – Requires the purchaser to be aware of the
supposed title of the vendor and one who buys without checking the
vendor’s title takes all the risks and losses consequent to such failure.
Banks expected to exercise greater care and prudence in their dealings
Purpose of Cadastral Proceedings – to serve the public interest by requiring
that the titles to any unregistered lands “be settled and adjudicated”; to settle
as much as possible all disputes over land and to remove all clouds over
land titles, as far as practicable, in a community
Only “unregistered lands” may be the subject of a cadastral survey; private
lands are excluded
Lands already titled cannot be the subject of cadastral proceedings.
• Jurisdiction of the cadastral court over previously titled lands limited
to the correction of technical errors in the description of the land.
DMG C2020 | LAND TITLES | ATTY. CASIS
General Rule: Registration of title under the cadastral system is final,
conclusive, and indisputable after the lapse of the period allowed for an
appeal; XPN: Special provision providing for fraud
National Commission on Indigenous Peoples – Agency responsible for the
delineation of the ancestral domain
FINALS
Original Certificate of Title – True copy of the decree of registration, includes
name of owner/s including personal circumstances, description of the land
and encumbrances
Time is important in the entry of the original certificate of title in the Registry
of Deeds is important as there may be another entry on the same date
Registration - Operative act to convey or affect the land insofar as third
persons are concerned
• Confirms but can be questioned
• Grounds:
o Mistake
o Oversight
o Land is unregistrable
• After one year: can no longer question title one year from date of
registration with the Register of Deeds
Indefeasibility does not apply when fraud is used in the issuance of the title
Owner’s Copy – Certificate of title given to the owner of the registered land
which is delivered to him or his authorized representative
• Surrender of such is conclusive authority of Register of Deeds to
Register
• Co-owners can request duplicates
Transfer Certificate of Title – Issued after subsequent registration; usually
issued when one sells property
PROCEDURES

MIDTERMS CADASTRAL REGISTRATION PROCEEDINGS

1. Proclamation declaring lands alienable and disposable public lands
APPLICATION FOR LAND REGISTRATION 2. Cadastral survey
1. There must be open, continuous, exclusive and notorious 3. Filing of registration
possession and occupation 4. Notice of initial hearing
2. Proclamation declaring land as alienable and disposable land of 5. Publication, mailing, posting
public land 6. Answer
3. Survey 7. Hearing
4. Application for Registration 8. Judgment
5. Order setting initial hearing 9. Appeal (15 days)
6. Publication, mailing, and posting 10. Final Judgment
7. Filing of Opposition (on or before Initial Hearing) 11. Decree of Registration
8. Filing of Answer 12. Issuance of Certificate of Title
9. Initial Hearing
10. Order of general or special default
11. Refer to a Referee
12. Presentation of Evidence
13. Judgment
14. Appeal (15 days)
15. Final Judgment
16. Decree of Registration
17. Issuance of Certificate of Title
18. Register of Deeds
19. Claim OCT

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FINALS

PROCESS OF REGISTRATION
1. Instrument sufficient in form
o Public instrument (Section 112; must be notarized)
o Names and personal circumstances of the Owner and Grantee
2. Owner’s duplicate (all)
3.
4.

DMG C2020 | LAND TITLES | ATTY. CASIS