LAND TITLES 1
REGISTER OF DEEDS (RD)
A public repository of records of instruments
affecting registered or unregistered lands and
chattel mortgages in the province or city
wherein such office is situated
General Functions
(1) Immediately register an instrument
presented for registration which
complies with all requisites for
registration
(2) See to it that the said instrument bears
the proper documentary and science
stamps and that the same are properly
cancelled
(3) Prepare and keep an index system
which contains the name of all
registered owners alphabetically
arranged and all land respectively
registered in their names
Baranda v. Gustilo: The function of the RD with
reference to registration of deeds,
encumbrances, instruments and like is
ministerial in nature. No need for notice and
hearing.
NOTE: RD is precludes from exercising his
personal judgment and discretion when
confronted with the problem of whether to
register deed or instrument on the ground that
it is invalid.
The determination of validity is the
function of the Courts.
Ledesma v. Villasenor: The purpose of
registration is merely to give notice, so
questions regarding the effect or invalidity of
instruments are expected to be decided after,
not before registration.
When register of deeds may deny
registration of voluntary instruments
(1) When there are more the one copy of
the owner’s duplicate and not all
copies are presented;
(2) Voluntary instrument bears on its face
an infirmity;
(3) Validity of the sought to be registered
is in issue in a pending court suit (here,
the rights of interest parties may in the
meantime be protected by a notice of
lis pendens)
(4) Private documents not properly
notarized;
NOTE: Where the RD is in doubt as to the
proper action to take on an instrument, he
should submit the question to the LRA
Administrator en consulta.
JUDICIAL CONFIRMATION OF IMPERFECT
TITLE
NOTE: Time limitation within which to file
applications for confirmation of imperfect or
incomplete titles has been extended to Dec.
31, 2020.
BUT even without the extended period, persons
who possess the qualifications under Sec. 48
(c) of CA 141 can nonetheless file for
registration of title under Sec. 14(1) of PD
1529, provided the area applied for does not
exceed 12 hectares.
Applicants
(1) Filipinos by themselves or through their
P-I-Ns in OCEN possession &
occupation of A & D lands under a
bona fide claim of acquisition since
June 12, 1945 or earlier or since time
immemorial;
(2) Filipinos by themselves or through their
P-I-Ns prior to effectivity of PD 1073 in
OCEN possession & occupation of A &
D lands under a bona fide claim of
acquisition for at least 30 years, or at
least since Jan 24, 1947;
(3) Private corporations or associations
which had acquired lands formerly part
of the A & D lands from Filipinos who
have possessed in the manner
prescribed in (1) and (2);
(4) Natural born citizens who have lost
Filipino citizenship and who have
acquired A & D and from Filipinos who
have possessed under (1) and (2).
Applicant must prove
(1) Land is A & D land of the public
domain;
(2) Possession is for the length of time and
in the manner stated in Sec 48.
NOTE: Must secure certification from the
Government that the lands being claimed are
alienable and disposable.
“Possession”
Possession and occupation means actual
possession not constructive possession or mere
fiction.
Effect of compliance
When the conditions specified are complied
with, the possessor is deemed to have acquired
a right to a grant, without necessity of a
certificate of title being issued.
The application for confirmation: mere
formality. Property is converted into private
 LAND TITLES 2

property ipso jure by the mere lapse or

completion of said period. Opposition
Oppositors to an application need not be
Private corporations and associations named in the notice of initial hearing. He
May not hold alienable lands of the public should, however, have an interest in the
domain except by lease for a period not property.
exceeding 25 years, renewable for not more
than 25 years, not to exceed 1,000 hectares The following may be proper oppositors:
BUT prohibition does not apply if the P- (1) homesteader who has fulfilled all
I-N has acquired ownership of the land at the conditions
time the corporation acquired it. (2) purchaser of friar land before issuance
of patent
NOTE: Denial of application does not preclude (3) persons claiming to be in possession of
another application for judicial confirmation of a tract of land and have applied for its
imperfect title as long the conditions provided purchase with the Bureau of Lands
are complied with.
NOTES:
 Foreshore lessees of public land cannot
be an oppositors
 Owners of buildings and improvements
on the land applied for should claim
PUBLICATION, OPPOSITION, DEFAULT
them. If the claim is sustained, it will be
noted on the face of the certificate of
Publication
title. Absent such notation, claim is
Purpose:
deemed adversely resolved.
(1) To confer jurisdiction over the land
applied for;
Default
(2) To charge the whole world with
Absent any oppositors, the court will then issue
knowledge of the application of the
an order of default. Where there is no
land involved and invite them to take
opposition, all the allegations in the application
part in the case and assert and prove
are deemed confessed on the part of the
their right s over the property subject
opponent.
thereof.
Remedies
Benin v. Tuason: By virtue of publication,
Defaulted interested person may gain standing
jurisdiction attaches to the lands or lands.
by filing
Publication is the basis of jurisdiction of the
(1) A motion to set aside the order of
court.
default (Sec. 3, Rule 18, Rules of Court)
Where the area of land in the decree of
a. Grounds: His failure to file an
registration and the OCT is bigger only by 27
opposition was due to fraud,
meters than the area published, difference is
accident, mistake, or excusable
not substantial as to affect the identity of the
neglect (FAME).
land.
(2) Petition for certiorari
a. Grounds: illegal or improper
NOTE: Court which validly acquires jurisdiction
declaration of default
over a land for registration cannot be divested
thereof by a subsequent administrative act like
NOTE: Declaration of default is illegal or
the issuance of a homestead patent over the
improper when it is simply because the person
same land.
failed to appear at the initial hearing of the
application for registration.
Defective Publication
This deprives the court of jurisdiction.
Motion to dismiss application or
Examples:
opposition is allowed
(1) What was published in the OG is the
description of a bigger lot which
includes the lands subject of
registration; EVIDENCE
(2) Actual publication of notice of initial An applicant for registration of title or for
hearing was after the hearing itself; confirmation of imperfect title must prove the
(3) OG containing notice of initial hearing following:
was released only after such hearing.
 LAND TITLES 3

 General rule: Submission of

(1) The land applied for has been tracing cloth plan is a
declassified into public agricultural mandatory requirement, which
land; cannot be waived.
 Blue print copy of the plan
Proofs: suffices
There must be a positive act of the  Even the true certified copy of
government. the white paper plan would
i. Presidential proclamation suffice, BUT not the request for
ii. Executive Order a true certified copy.
iii. Administrative Order issued by Sec.  Also, when the original tracing
of Environment and Natural cloth plan is available for the
Resources; court to make comparison and
iv. Bureau of Forestry Land consideration, blue print is
Classification Map enough
v. Certification by the Director of
Forestry  Director of Lands v. IAC:
Presentation of tracing cloth
NOTES: plan may be dispensed with
where there is a survey plan
 Mere recommendation of the the correctness of which had
District Forester for release of not been overcome by clear,
the land from its unclassified strong and convincing
origin is not evidence of such evidence.
release. iii. Technical description of the land
 Reports submitted by a District applied for, duly signed by
Forester, absent any authentic Geodetic Engr.
document evidencing the iv. Tax declarations
classification of the land, are NOTE: Differences in the
not sufficient to establish the description of the and boundaries
forested nature of the land. as well as in the land area stated in
 If the forester who issued the tax declarations after the survey, if
certification that the land is logically explained, do not
alienable but did not testify, adversely affect the probative
such evidence may be value of these tax declarations as
constitutive of hearsay. evidence of identity of land.
vi. Investigation reports of Bureau of v. Boundaries and Area
Lands General Rule: Boundaries prevail
vii. Legislative act, or by statute over area.
Substantial and unexplained
discrepancies as to the area of the
(2) The land is alienable and disposable
land negate the application of the
or otherwise capable of registration;
general rule.
Proof not sufficient:
i. A survey plan even if approved by
the Bureau of Lands (4) Possession and occupation
ii. Survey made in a cadastral NOTE: When land was formerly inalienable,
proceeding (merely identifies each the start of period is only at the time it
lot preparatory to a judicial becomes disposable as agricultural land.
proceeding Sec. 14 requires only that the land be A
iii. Conversion of land into fishpond & D at the time the application for
and titling of properties around it registration of title is filed.
iv. Land under pasture lease NOTE: Tacking is allowed only where there
v. Certification by director of Forestry is privity between the successive
that the land is within the public possessors.
forest
Insufficient proof of possession:
i. Mere casual cultivation and raising
(3) Identity of the land
cattle
i. Survey plan approved by the LMB
ii. A tax declaration may be used to
ii. Tracing cloth plan and blue print
defeat claim of adverse possession
copies of plan
of another
NOTES:
 LAND TITLES 4

iii. Acts performed by one holding the decedent has no transmissible

property only by mere tolerance of right
the owner
iv. Where applicants tacked their
possession to the P-I-N but did not
present him as witness
v. Possession of other persons in the
land applied for
vi. Merely declaring uncultivated land
for taxation and visiting it every
once in a while

(5) Muniments of title, if he claims private

ownership
i. Informacion possessoria
Merely furnishes prima facie
evidence of the fact that the
claimant was in possession of the
land under a claim of right. This
must be confirmed in a land
registration proceeding.
NOTE: When an applicant alleges a
Spanish title, he must produce that
title or prove the contents thereof
by secondary evidence
ii. Tax declarations and realty
payments
Not conclusive evidence of
ownership, at best indicia of
possession.
BUT they become strong evidence
of ownership when accompanied
by proof of actual possession of the
property.

NOTES:
 Tax declaration and realty
payments may lose their
probative value, as in the case
of irregular payment of realty
taxes
 BUT mere failure of the owner
to pay realty tax does not
warrant a conclusion that there
was abandonment of his right
to the property
iii. Presidential issuances and
legislative acts which reserve a
land for specific purpose (e.g., UP)
Other kinds of evidence:
 Testimonial evidence
 Deed of sale

Proofs not sufficient to establish

private ownership
 compromise agreement
 decision in an estate
proceeding of P-I-Ns of an
applicant which involves a
property over which the