Title I PROPERTY

Classification (according to mobility):

1.
2.

Immovable real property

Movable personal property
Requisites:

1.
2.
3.

Utility
Individuality/Substantivity
Susceptibility of appropriation
Real Rights

1.
2.
3.
4.

no passive subject claim against whole world

object is corporeal thing (obligation)
creates juridical relations through mode & title
extinguished through loss or destruction of thing
Personal Rights

1.
2.
3.
4.

Passive and active subject

Object is an intangible thing (specific thing)
Creates juridical relations through title
Not extinguished through loss or destruction of thing
Immovable property

1.

By nature cannot be moved from place to place because of their nature

a) land, buildings & all kinds of constructions adhered to soil

b) mine, quarries
2.

By incorporation essentially movables but attached to an immovable that it becomes an

integral part of it
trees, plants & growing fruits adhered to soil
everything attached to an immovable that it will break if separated
statues, paintings if intended by owner to be integral part of immovable
animal houses if intended by owner to become permanently attached to immovable

3.

By destination movables but purpose is to partake of an integral part of an immovable

machinery placed by owner of the tenement & tend directly to meet the needs of such

4.

1.
2.
3.
4.
5.

works/industry
fertilizers when applied to soil
docks & floating structures
By analogy/by law contracts for public works, servitude & other real rights over immovable
property
Movable property
susceptible of appropriation that are not included in enumeration in immovable
immovable that are designated as movable by special provision of law
forces of nature brought under control by science
things w/c can be transported w/o impairment of real property where they are fixed
obligations which involve demandable sums (credits)

6.

shares of stocks of agricultural, commercial & industrial entities although they may have real
estate
Classification of Movables

1.
2.

consumable cannot be utilized w/o being consumed

non-consumable
Classification of Property (according to ownership):

1.

Public dominion
intended for public use
intended for public service of state, provinces, cities & municipalities
Characteristics:
outside the commerce of men cannot be alienated or leased
cannot be acquired by private individual through prescription
not subject to attachment & execution
cannot be burdened by voluntary easement

2.

Private Ownership
patrimonial property of state, provinces, cities, municipalities

1.
2.

exist for attaining economic ends of state

property of public dominion when no longer intended for public use/service declared
patrimonial
property belonging to private persons individually or collectively

Title II OWNERSHIP
Chapter 1: OWNERSHIP IN GENERAL

Definitions of Ownership

Independent and general right of a person to control a thing particularly in his possession,

enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the
state or private persons, without prejudice to the provisions of the law.
Power of a person over a thing for purposes recognized by law & within the limits established

by law
Attributes:

1.
2.
3.
4.
5.
6.

Jus possidendi right to possess

Jus utendi right to enjoy
Jus fruendi right to fruits
Jus abutendi right to use and abuse
Jus disponendi right to dispose
Jus vindicandi right to exclude others from possession of the thing

Actions for possession:

1. movable replevin (return of a movable)
2. immovable

forcible entry used by person deprived of possession through violence, intimidation (physical

possession, 1 year unlawful deprivation)

unlawful detainer used by lessor/person having legal right over property when lessee/person

withholding property refuses to surrender possession of property after expiration of lease/right

to hold property (physical possession, 1 year from unlawful deprivation)
accion publiciana plenary action to recover possession
accion reinvindicatoria recovery of dominion of property as owner

7.

Principle of self help self defense

Elements:

Person exercising rights is owner or lawful possessor

There is actual or threatened unlawful physical invasion of his property
Use force as may be reasonably necessary to repel or prevent it
Available only when possession has not yet been lost, if already lost resort to judicial process
May be exercised by 3rd person negotiorum gestio

8.
9.

Right to enclose or fence w/o detriment to servitude constituted

Right to surface & everything under it only as far as necessary for his practical interest (benefit
or enjoyment)
10. Right to hidden treasure found in own property

hidden and unknown movables w/c consist of money or precious objects

owner is unknown

by chance if property owner is state belongs to finder; also if in anothers property; the

finder must not be trespasser

Limitation on Ownership

1.
2.
3.
4.
5.
6.
7.

general limitations for the benefit of the state (eminent domain, police power, taxation)
specific limitations imposed by law (servitude, easements)
specific limitations imposed by party transmitting ownership (will, contract)
limitations imposed by owner himself (voluntary servitude, mortgages, pledges)
inherent limitations arising from conflicts with other similar rights (contiguity of property)
owner cannot make use of a thing which shall injure/prejudice rights of 3 rd persons (neighbors)
acts in state of necessity law permits injury or destruction of things owned by another
provided this is necessary to avert a greater danger (with right to indemnity vs. principle of
unjust enrichment)
8.
true owner must resort to judicial process when thing is in possession of another; law creates
a disputable presumption of ownership to those in actual possession

identify property

show that he has better title

Chapter 2: RIGHT OF ACCESSION

Accession owner of thing becomes owner of everything it may produce or those which may be
incorporated or united thereto
1.
principle of justice
2.
accessory follows the principal

Accession continua accession to products of the thing

Rights of owners: natural, industrial & civil fruits

exception: possession in good faith by another, usufruct, lease, antichresis

1.

1.
2.
3.

Obligation of owners:
Immovables accretion
Alluvion owner of lands adjoining banks of river belongs the accretion gradually received from
effects of the waters current
Requisites:
deposit is gradual & imperceptible
made through effects of current of water
land where accretion takes place is adjacent to banks of river
Rights of riparian owner

Right to accretion ipso facto no need to make an express act of possession

2.

Avulsion transfer of a known portion of land from one tenement to another by force of
current of waters
Rights of riparian owner
Right to portion of land transferred if not claimed by owner within 2 years (prescription)
Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for
necessary expenses for gathering them & putting them in safe place

3. Change of river bed

Right of owner of land occupied by new river course

1.
2.

Right to old bed ipso facto in proportion to area lost

Owner of adjoining land to old bed shall have right to acquire the same by paying its value
value not to exceed the value of area occupied by new bed
3.
Formation of island in non-navigable river

owner of margin nearest to islands formed if nearest to it

owner of both margins if island is in the middle (divided into halves longitudinally)
4.

1.
2.
3.

building, planting & sowing

General Rule whatever is built, planted or sown belongs to owner of land; presumption is
owner made them at his expense
Exception: contrary is proven
Right of owner of material
Right
Right
Right
Right

to be indemnified or paid of value of property by owner of land

to remove materials if he can do so w/o injury to work constructed if owner has not paid
to damages and demolition even if with injury to work if owner of land is in bad faith
of owner when another builds, plants or sows in his land: (OWNER & BUILDER BOTH IN

GOOD FAITH)
1.
Appropriate as his own after paying for indemnity

2.

Oblige the planter, builder to pay for price of land or rent, except when value of lands is
greater than thing built convert to rent
Right of Builder in good faith before payment of indemnity of owner in good faith

1.
2.
3.

Right
Right
Right
Right

to retain land & building

not to be compelled to pay for rent
of retention ceases when obliged to pay for value of and if he fails to do so
of owner in good faith when builder is in bad faith

1.
2.
3.
4.

Right to appropriate what has been built w/o paying indemnity

Order demolition of building
Compel the builder to pay for price of land or rent
Right to damages
Right of builder in bad faith when owner is in good faith

Right to be reimbursed for necessary expenses for preservation of land

Right of Builder in good faith when owner is in bad faith

1.
2.
3.

Right to indemnity for value of building

Right to damages
Right to demolish w/o payment of indemnity
Bad faith on both builder & owner in pari delicto (no cause of action vs. each other)
Right of 3rd person who owns materials

1.

Right to be indemnified for value of materials irrespective of good faith or bad faith of builder
or owner; if builder has no property, owner is subsidiarily liable
2.
When builder is in bad faith & owner in good faith & owner compel builder to remove
improvements, owner is not subsidiarily liable
3.
When 3rd person is paid by builder, builder may demand from landowner the value of labor &
materials

b) Movables
1.
Conjunction / adjunction 2 movable things which belong to different owners are united to
form a single object

Test to determine w/c one is the principal:

1.
that to w/c the other intended to be united as ornament or for its use of perfection
2.
value
3.
volume

Rights:
1.
If both are in good faith owner of principal acquired the accessory with indemnification
2.
If both are in good faith may separate them if no injury will be caused; if value of accessory is
greater than principal, owner of accessory may demand separation even if damages will be
caused to the principal (expenses to be borne by one who caused the conjunction)
3.
If owner of accessory is in bad faith owner of accessory with damages to principal
4.
If owner of principal is in bad faith owner of accessory shall have option of principal paying
value of accessory or removal of accessory despite destruction of principal
5.
Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent
may demand that a thing equal is kind, value and price

2.

1.
2.
3.
4.
3.

Specification One employs the materials of another in whole or in part on order to make a
thing of a different kind; transformation
Rights:
If person who made the transformation is in good faith he shall appropriate the thing
transformed as his own with indemnity to owner of material for its value
If material is more precious than transformed thing owner of material may appropriate the
new thing to himself after indemnity paid to labor or demand indemnity for materials
If person who made the transformation is in bad faith, owner of material shall appropriate the
work to himself w/o paying maker or demand indemnity for value of materials & damages
If transformed thing is more valuable than material, owner of material cannot appropriate
Commixtion / confusion 2 things of the same or different kinds are mixed & are not separable
w/o injury
Rights:

1.

If both owners are in good faith Each owner shall acquire a right proportional to the part
belonging to him (vis-a-vis the value of the things mixed or confused)
2.
If one owner is in bad faith he shall lose the thing belonging to him plus indemnity for
damages caused to owner of other thing mixed with his thing
3.
If both in bad faith no cause of action against each other

Chapter 3: QUIETING OF TITLE

Reasons:

1.
2.
3.

prevent litigation
protect true title & possession
real interest of both parties which requires that precise state of title be known
Action to quiet title
put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate

& generally declares that defendants claim is w/o foundation

when proper:

1.
2.
3.

contract has been extinguished or terminated

contract has prescribed
remove cloud
Action to remove cloud
intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim

constituting a on plaintiffs title which may be used to injure or vex him in the enjoyment of his
title
Cloud any instrument which is inoperative but has semblance of title
Requisites:

1.
2.
3.

Plaintiff must have legal or equitable interest

Need not be in possession of property
Return to defendant all benefits received he who wants justice must do justice

Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING

Liability for damages:

1.

collapse engineer, architect or contractor

2.

collapse resulting from total or partial damage; no repair made owner; state may compel him
to demolish or make necessary work to prevent if from falling
3.
if no action done by government at expense of owner

Title III CO-OWNERSHIP

Co-ownership
plurality of subjects many owners
unity of material (indivision) of object of ownership
recognition of ideal shares
Causes/Sources:

1.
2.
3.
4.
5.

law
contracts
succession
fortuitous event/chance commixtion
occupancy 2 persons catch a wild animal
Distinguished from partnership
partnership created only by agreement; co-ownership has many sources
purpose of partnership is to obtain profit; co-ownership is collective enjoyment of a thing
in partnership there is juridical personality distinct from individuals, none in co-ownership
partnership can be created for more than 10 years, not in co-ownership
partners cannot transfer rights w/o consent of other co-partners, not co-ownership
partnership extinguished when partner dies, not in co-ownership
distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but

1.
2.

3.
4.
5.
6.
7.

8.
9.
10.
11.
12.

depends on ideal share/interest

Rights of co-owners
Right to benefits proportional to respective interest; stipulation to contrary is void
Right to use thing co-owned
1.
for purpose for which it is intended
2.
without prejudice to interest of ownership
3.
without preventing other co-owners from making use thereof
Right to change purpose of co-ownership by agreement
Right to bring action in ejectment in behalf of other co-owner
Right to compel co-owners to contribute to necessary expenses for preservation of thing and
taxes
Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing
his share in the pro-indiviso interest; but cant be made if prejudicial to co-ownership
Right to make repairs for preservation of things can be made at will of one co-owner; receive
reimbursement therefrom; notice of necessity of such repairs must be given to co-owners, if
practicable
Right to full ownership of his part and fruits
Right to alienate, assign or mortgage own part; except personal rights like right to use and
habitation
Right to ask for partition anytime
Right of pre-emption
Right of redemption

13. Right to be adjudicated thing (subject to right of others to be indemnified)

14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be
allotted to one of them

Duties/Liabilities
1.
2.
3.
4.
5.
6.
1.
2.
3.
1.
2.
3.

Share in charges proportional to respective interest; stipulation to contrary is void

Pay necessary expenses and taxes may be exercised by only one co-owner
Pay useful and luxurious expenses if determined by majority
Duty to obtain consent of all if thing is to be altered even if beneficial; resort to court if nonconsent is manifestly prejudicial
Duty to obtain consent of majority with regards to administration and better enjoyment of the
thing; controlling interest; court intervention if prejudicial appointment of administrator
No prescription to run in favor co-owner as long as he recognizes the co-ownership; requisites
for acquisition through prescription
he has repudiated through unequivocal acts
such act of repudiation is made known to other co-owners
evidence must be clear and convincing
Co-owners cannot ask for physical division if it would render thing unserviceable; but can
terminate co-ownership
After partition, duty to render mutual accounting of benefits and reimbursements for expenses
Every co-owner liable for defects of title and quality of portion assigned to each of the coowner
Rights of 3rd parties

1.

creditors of assignees may take part in division and object if being effected without their
concurrence, but cannot impugn unless there is fraud or made notwithstanding their formal
opposition
2.
non-intervenors retain rights of mortgage and servitude and other real rights and personal
rights belonging to them before partition was made.

Title V POSSESSION

Possession holding of a thing or enjoyment of a right

1.
2.

occupancy actual or constructive (corpus)

intent to possess (animus)
How acquired:

1.

material occupation possession as a fact

1.
physical
2.
constructive tradicion brevi manu (one who possess a thing short of title of owner
lease );

tradicion constitutum possesorium (owner alienates thing but continues to possess depositary,
pledgee, tenant)

cannot be recognized at the same time in 2 different personalities except co-possession

question arise regarding fact of possession

1.
present possessor preferred

2.
3.
4.
1.

1.

2 possessors one longer in possession

dates of possession the same one who presents a title
both have titles judicial resolution
subject to action of our will- possession as a right
1.
tradicion simbolica delivering object or symbol of placing thing under control of
transferee (keys)
2.
tradicion longa manu pointing out to transferee the things which are being
transferred
proper acts and legal formalities established for acquiring rights donation, sale
What can be subject of possession things or rights which are susceptible of being
appropriated
Degrees of possession:

1.
2.
3.
4.

holding w/o title and in violation of right of owner

possession with juridical title but not that of owner
possession with just title but not from true owner
possession with just title from true owner
Classes of ownership:

1.

in concept of owner owner himself or adverse possessor

Effects:
1.
2.
3.
4.
1.
2.

may be converted into ownership through acquisitive prescription

bring actions necessary to protect possession
ask for inscription of possession
demand fruits and damages from one unlawfully detaining property
in concept of holder usufruct, lessee, bailee
in oneself personal acquisition
1.
he must have capacity to acquire possession
2.
intent to possess
3.
possibility to acquire possession
1.
in name of another agent; subject to authority and ratification if not authorized; negotiorum
gestio
1.
representative has intention to acquire for another and not for himself
2.
person from whom it is acquired has intention of possessing it
1.
in good faith not aware that there exist flaw in title or mode w/c invalidates it; mistake upon
doubtful question of law; always presumed; it may be interrupted by extraneous evidence or
suit for recovery of property of true owner
2.
in bad faith aware of defect

Possession through succession

1.

possession of hereditary property is deemed transmitted w/o interruption from moment of

death ( if accepted) and if not accepted ( deemed never to have possessed the same )
2.
one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest
except when he is aware of flaws affecting title; but effects of possession in good faith shall not
benefit him except from date of death of decedent.

Minors/ Incapacitated

may acquire material possession but not right to possession; may only acquire them through
guardian or legal representatives

Acquisition

1.

cannot be acquired through force or intimidation when a possessor objects thereto resort to
courts
2.
the following do not affect acts of possession ( not deemed abandonment of rights ); possession
not interrupted
1.
acts merely tolerated
2.
clandestine and unknown acts
3.
acts of violence

Rights of possessor:
1.
2.

3.
4.
5.
6.
7.

8.

9.

10.
11.

12.

Right to be respected in his possession; if disturbed protected by means established by law;

spoliation
Possession acquired and enjoyed in concept of owner can serve as title for acquisitive
prescription
1.
Possession has to be in concept of owner, public, peaceful and uninterrupted
2.
Title short of ownership
Person in concept of owner has in his favor the legal presumption of just title (prima facie)
Possession of real property presumes that movables are included
Co-possessors deemed to have exclusively possessed part which may be allotted to him;
interruption in whole or in part shall be to the prejudice of all
Possessor in good faith entitled to fruits received before possession is legally interrupted
( natural and industrial gathered or severed; civil accrue daily )
Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if
there are natural or industrial fruits ( proportionate to time of possession ); owner has option to
require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity
for his part of expenses; if possessor in good faith refuses barred from indemnification in other
manner
Possessor has right to be indemnified for necessary expenses whether in good faith or in bad
faith; Possessor in good faith has right of retention over thing unless necessary expenses paid by
owner
Possessor in good faith has right to be reimbursed for useful expenses with right of retention;
owner has option of paying expenses or paying the increase in value of property which thing
acquired by reason of useful expenses
Possessor in good faith may remove improvements if can be done w/o damage to principal
thing- unless owner exercises option of paying; possessor in bad faith not entitled.
Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but
may remove them provided principal is not injured provided owner does not refund the amount
expended
Improvements caused by nature or time to inure to the benefit of person who has succeeded in
recovering possession

13. Wild animals possessed while in ones control; domesticated possessed if they retain habit of
returning back home
14. One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o
interruption

Liabilities/duties of Possessor
1.
2.
3.

Return of fruits if in bad faith fruits legitimate possessor could have received
Bear cost of litigation
Possessor in good faith not liable for loss or deterioration or loss except when fraud and
negligence intervened
4.
Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event
5.
Person who recovers possession not obliged to pay for improvements which have ceased to exist
at time of occupation

Loss of possession:
1.
2.
3.
4.

abandonment of the thing renunciation of right; intent to lose the thing

assignment made to another by onerous or gratuitous title
destruction or total loss of the thing or thing went out of commerce
possession of another if new possession lasted longer that 1 year ( possession as a fact); real
right of possession not lost except after 10 years
Not lost:

1.
Unlawfully deprived or lost
2.
Acquired at public sale in good faith with reimbursement
3.
Provision of law enabling the apparent owner to dispose as if he is owner
4.
Sale under order of the court
5.
Purchases made at merchant stores, fairs or markets
6.
Negotiable document of title
1.
Even for time being he may not know their whereabouts, possession of movable is not deemed
lost
2.
When agent encumbered property without express authority except when ratified
3.
Possession may still be recovered:

Possession is equivalent to title

1.
2.

possession is in good faith

owner has voluntarily parted with the possession of the thing
1.
possessor is in concept of an owner

Usufruct right to enjoy anothers property with correlative duty of preserving its form and

Title VI USUFRUCT
substance
1.
things movable/immovable
2.
rights provided it is not strictly personal

Kinds:
1.
2.
3.
4.
5.

legal parents over children

voluntary contracts, wills
mixed prescription
total
partial

6.
7.
8.
9.
10.

1.
2.
3.

4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

14.

15.
16.
17.
18.
19.
20.

1.
2.
3.

simultaneous
successive
pure
conditional
With a term
Rights of usufructuary:
Right to civil, natural & industrial fruits of property
Right to hidden treasure as stranger
Right to transfer usufructuary rights gratuitous or onerous; but is co-terminus with term of
usufruct; fruits proportionate at duration of usufruct; but cant do acts of ownership such as
alienation or conveyance except when property is:
consumable
intended for sale
appraised when delivered; if not appraised & consumable return same quality (mutuum)
Right not exempt from execution and can be sold at public auction by owner
Naked owner still have rights but w/o prejudice to usufructuary; may still exercise act of
ownership bring action to preserve
Right to fruits growing at time usufruct begins; growing fruits at termination of usufruct
belongs to owner
Right to necessary expenses from cultivation at end of usufruct
Right to enjoy accessions & servitudes in its favor & all benefits inherent therein
Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by
accident but obliged to plant anew
Right of usufructuary of woodland ordinary cutting as owner does habitually or custom of
place; cannot cut down trees unless it is for the restoration of improvement of things in usufruct
must notify owner first
Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner
should clear & remove them if caused by calamity or extraordinary event impossible to
replace them
Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover
real property or real right
Right to necessary expenses
Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part
of owner; may remove improvement if can be done w/o damage
Right to set-off improvements against damages he made against the property
Right to administer when property is co-owned; if co-ownership cease usufruct of part
allotted to co-owner belongs to usufructuary not affected
Right to demand the increase in value of property if owner did not spend for extraordinary
repairs when urgent & necessary for preservation of thing
Rights of naked owner
Alienate thing
Cant alter form or substance
Cant do anything prejudicial to usufructuary

4.

Construct any works Y make any improvement provided it does not diminish value or usufruct
or prejudice right of usufructuary
Obligations of usufructuary:

1.

Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who
have right to fruits should reimburse expenses incurred
2.
Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to
return in that state; except when there is fraud or negligence, then he shall be liable
3.
Before entering into usufructuary::

Notice of inventory of property (appraisal of movables & description)

Posting of security
1.
2.

not applicable to parents who are usufructuary of children except when 2 nd marriage contracted
excused allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:

1.
2.
3.
4.
5.

immovables be placed under administration

NI can be converted into registered certificates or deposited in bank
Capital & proceeds of sale of movables be invested in safe securities
Interest on proceeds or property under admin belong to usufructuary
Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until
he gives sufficient security
6.
Effect of security is retroactive to day he is entitled to fruits

4. Take care of property as a good father of family

5.
6.

7.

8.
9.
10.
11.
12.
13.

1.

Liable for negligence & fault of person who substitute him

If usufruct is constituted on animals duty bound to replace dead animals that die from natural
causes or became prey; if all of them perish w/o fault but due to contagious disease /
uncommon event deliver remains saved; if perish in part due to accident continue on
remaining portion; if on sterile animals as if fungible replace same kind & quality
Obliged to make ordinary repairs wear & tear due to natural use of thing and are
indispensable for preservation; owner may make them at expense of usufructuary during
existence of usufruct
Obliged to make expenses due to his fault; cannot escape by renouncing usufruct
Pay legal interest from extraordinary expenses made by owner
Payment of expenses, charges & taxes affecting fruits
Payment of interest on amount paid by owner charges on capital
Obliged to notify owner of act of 3rd person prejudicial to rights of ownership he is liable if he
does not do so for damages as if it was caused through his own fault
Expenses, cost & liabilities in suits brought with regard to usufructuary borne by usufructuary
Obligations of owner

extraordinary expenses; usufructuary obliged to inform owner when urgent is the need to make
them
2.
expenses after renunciation of usufruct
3.
taxes & expenses imposed directly on capital

4.

if property is mortgaged, usufructuary has no obligation to pay mortgage; if attached, owner to

be liable for whatever is lost by usufructuary
5.
if property is expropriated for public use owner obliged to either replace it or pay legal
interest to usufructuary of net proceeds of the same

Extinguishment of usufruct
1.
2.
3.
4.
5.
6.
7.

death of usufructuary unless contrary intention appears

expiration of period of usufruct
merger of usufruct & ownership
renunciation of usufructuary express
total loss of thing
termination of right of person constituting usufruct
prescription use by 3rd person
loss in part remaining part shall continue to be held in usufruct
usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50 years
usufruct constituted on immovable whereby a building is erected & building is destroyed

right to make use of land & materials

if owner wishes to construct a new building pay usufructuary the value of interest of land &

materials
both share in insurance if both pays premium; if only owner then proceeds will go to owner

only
effect if bad use of the thing owner may demand the delivery of and administration of the

thing with responsibility to deliver net fruits to usufructuary

at termination of usufruct:
thing to be delivered to owner with right of retention for taxes & extraordinary expenses w/c

should be reimbursed
security of mortgage shall be cancelled

BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP

Different Modes of acquiring ownership:
Occupation
Donation
Prescription
Succession
Tradition
MODE Proximate cause of ownership ( sales, donation)
TITLE Remote cause of ownership; merely constituted the means

OCCUPATION
1.

There should be a corporeal thing (tangible) which must have a corpus (body) & that thing
should have no owner
2.
There must be actual occupancy; thing must be subjected to ones control/disposition
3.
There must e an intention to occupy

4.

Accomplished according to legal rules

What are the things susceptible to occupation?
things that are w/o owner res nullius; abandoned
stolen property cannot be subject of occupation
animals that are the object of hunting & fishing

kinds of animals:

wild considered res nullius when not yet captured; when captured

& escaped become res nullius again

domesticated animals originally wild but have been captured & tamed; now belong to their
capturer; has habit of returning to premises of owner; becomes res nullius if they lose that habit
of returning & regain their original state of freedom

domestic/tame animals born & ordinarily raised under the care of people; become res
nulliuswhen abandoned by owner

hidden treasure (only when found on things not belonging to anyone)

abandoned movables

Animals:
a)

Swarm of bees

owner shall have right to pursue them to anothers land (owner to identify latter for damages,

if any)
land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees
Domesticated animals

may be redeemed within 20 days from occupation of another person; if no redemption

made, they shall pertain to the one who caught them

Pigeons & fish

when they go to another breeding place, they shall be owned by the new owner
provided they are not enticed
Movables:

1) Treasure found on anothers property

consist of (1) money, precious objects & 2) hidden & owner is unknown
finding must be by chance in order that stranger may be entitled to of the treasure
Movable found w/c is not treasure
must be returned to owner
if finder retains the thing found may be charged with theft
if owner is unknown, give to mayor; mayor shall announce finding of the movable for 2 weeks

in way he deems best

of owner does not appear 6 months after publication, thing found shall be awarded to finder
if owner appears, he is obliged to pay 1/10 of value of property to finder as price
if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at
public auction 8 days after the publication

What cannot be acquired by occupation

Ownership of a piece of land

because when a land is without an owner, it pertains to the state

land that does not belong to anyone is presumed to be public land
but when a property is private and it is abandoned can be object of occupation

PRESCRIPTION mode by which one acquires ownership and other real rights thru lapse of time;
also a means by which one loses ownership, rights & actions; retroactive from the moment period
began to run

Kinds:
1. Acquisitive
1.

Extinctive
Who may acquire by prescription:

1.
2.
3.

person who are capable of acquiring property by other legal modes

STATE
minors through guardians of personally
Against whom prescription run:

1.
2.
3.
4.
5.
6.
7.
8.
9.

minors & incapacitated person who have guardians

absentees who have administrators
persons living abroad who have administrators
juridical persons except the state with regards to property not patrimonial in character
between husbands & wife
between parents & children (during minority/insanity)
between guardian & ward (during guardianship)
between co-heirs/co-owners
between owner of property & person in possession of property in concept of holder
Things subject to prescription: all things within the commerce of men

1.
2.

private property
patrimonial property of the state
Things not subject to prescription:

1.
2.
3.
4.

public domain
in transmissible rights
movables possessed through a crime
registered land
Renunciation of prescription:
persons with capacity to alienate may renounce prescription already obtained but not the right

to prescribe in the future

may be express or tacit
prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c
imply abandonment of right acquired

creditors & persons interested in making prescription effective may avail themselves
notwithstanding express or tacit renunciation

PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS

Kinds of Acquisitive prescription

1.
2.

ordinary
extra-ordinary
Requisites for ordinary prescription:

1.
2.
3.

possession in good faith

just title
within time fixed by law
4 years for movables
8 years for immovables

4.
5.

in concept of an owner
public, peaceful, uninterrupted
Requisites for extra-ordinary prescription:

1.
2.

just title is proved

within time fixed by law
10 years for movables
30 years for immovables

3.
4.

in concept of an owner
public, peaceful, uninterrupted
GOOD FAITH
Reasonable belief that person who transferred thing is the owner & could validly transmit

ownership
Must exist throughout the entire period required for prescription
JUST TITLE (TRUE & VALID) must be proved & never presumed
Titulo Colorado
Titulo putativo
title must be one which would have been sufficient to transfer ownership if grantor had been

the owner
through one of the modes of transferring ownership but there is vice/defect in capacity of

grantor to transmit ownership

IN CONCEPT OF OWNER
possession not by mere tolerance of owner but adverse to that of the owner
claim that he owns the property
PUBLIC, PEACEFUL & UNINTERRUPTED
Must be known to the owner of the thing
Acquired & maintained w/o violence
Uninterrupted (no act of deprivation by others) in the enjoyment of property
INTERRUPTION
Natural

through any cause, possession ceases for more than 1 year

if 1 year of less as if no interruption


1.
2.
3.

civil
produced by judicial summons; except

void for lack of legal solemnities

plaintiff desist from complaint/allow proceedings to lapse
possessor is absolved from complaint
express or tacit renunciation
possession in wartime
RULES IN COMPUTATION OF PERIOD:

1.
2.

Present possessor may tack his possession to that of his grantor or predecessor in interest
Present possessor presumed to be in continuous possession I intervening time unless contrary is
proved
3.
First day excluded, last day included

TACKING PERIOD

there must be privity between previous & present possessor

possible when there is succession of rights

if character of possession different:

predecessor in bad faith possessor in good faith use extraordinary prescription

PRESCRIPTION OF ACTIONS

By lapse of time fixed by law

30 years

action over immovables from time possession is lost

10 years

mortgage action

upon written contract

upon obligation created by law

upon a judgement
8 years

action to recover movables from time possession is lost

6 years

upon an oral contract

upon a quasi-contract
5 years

actions where periods are not fixed by law

4 years

upon injury to rights of plaintiff

upon a quasi-delict
1 year

for forcible entry & detainer

for defamation
Rights not extinguished by prescription:

1.
2.
3.

demand right of way

abate public /private nuisance
declare contract void

4.
5.
6.

recover property subject to expressed trust

probate of a will
quiet title

Characteristics of DONATION:

Unilateral obligation imposed on the donor

Consensual perfected at time donor knows of acceptance

Requisites of Donation:
1.
Reduction in patrimony of donor
2.
Increase in patrimony of donee
3.
Intent to do act of liberality
4.
Donor must be owner of property donated

Requirements of a donation:
1.
subject matter anything of value; present property & not future, must not impair legitime
2.
causa anything to support a consideration: generosity, charity, goodwill, past service, debt
3.
capacity to donate & dispose & accept donation
4.
form depends on value of donation

Kinds of Donation according to Effectivity:

Donation Inter Vivos

Donation Mortis Causa

Disposition and acceptance to take effect

during lifetime of donor and donee

Disposition happens upon the death of

donor

Already pertains to the donee unless there

is a contrary intent

Even if there is a term of effectivity and

effectivity is upon the death of the donor,
still entitled to fruits

Formalities required follow law on

donations and certain kinds of donations
& law on obligations and contracts
(suppletory)

Formalities required follow law on

succession to be valid, and donation must
be in the form of a will

Irrevocable at the instance of the donor;

may be revoked only by reasons provided
by law

Revocable ad mutuum (exclusive will of

donor)

Revoked only for reasons provided for by

law (except onerous donations)

Acceptance

acceptance must be made personally or thru agent

donation may be made orally or in writing

movable:

5,000 & below may be oral or written, if oral it must be with

simultaneous delivery of thing/document &

acceptance need not be in writing

above 5,000 must be written and accepted also in writing

1.
2.
3.

immovable must be in a public instrument & acceptance must also be in a public instrument
(in same instrument or in other instrument)
In case of doubt with regards to nature of donation: inter vivos
Badges of mortis causa:
Title remains with donor (full or naked ownership)& conveyed only upon death
Donor can revoked ad mutuum
Transfer is void if transferor survives transfer
Kinds of donation INTER VIVOS
pure/simple
remuneratory
conditional
onerous

Pure/Simple

Remuneratory

Conditional

Onerous

a) Consideration
Merits of doneeLiberality or merits of donee or burden/ charge of past services provided they do
not constitute demandable debtValuable consideration is imposed but value is less than value of
thing donatedValuable consideration givenb) law to apply/ forms
Law on donationsLaw on donationsExtent of burdenLaw on obligations
imposed>oblicon
excess>donationc) form of acceptance
RequiredRequiredRequiredRequiredd) reservation w/regards to personal support & legitime
ApplicableApplicableApplicableNot Applicablee) warranty against eviction & hidden defects
In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf) revocation
ApplicableApplicableApplicableApplicable

Who may give donations

All persons who may contract and dispose of their property

Who may accept donations:

1. natural & juridical persons w/c are not especially disqualified by law

2. minors & other incapacitated

a) by themselves

if pure & simple donation

if it does not require written acceptance

b) by guardian, legal representatives if needs written acceptance

1.
2.
3.

natural guardian not more than 50,000

court appointed more than 50,000
conceived & unborn child, represented by person who would have been a guardian if already
born
Who are disqualified to donate:

1. guardians & trustees with respect to property entrusted to them

2. husband & wife
3. between paramours/persons guilty of adultery
4. between parties guilty of same criminal offense
5. made to public officers, wife, descendant, ascendant

Other persons disqualified to receive donations:

1.
2.
3.
4.

priest who heard confession of donor during his last illness

relatives of priest within 4th degree, church, order, community where priest belongs
physician, nurse, etc. who took care of donor during his last illness
individuals, corporations, associations not permitted
What may be given:
All or part of donors present property provided he reserves sufficient means for the support of

the ff:
himself
relatives who by law are entitled to his support
legitimes shall not be impaired
when w/o reservation or if inofficious, may be reduced on petition of persons affected
except: conditional donation & donation mortis causa
except: future property
DOUBLE DONATIONS:
Rule: Priority in time, priority in right

1. If movable one who first take possession in good faith

2. If immovable one who recorded in registry of property in good faith

 no inscription, one who first took possession in good faith

in absence thereof, one who can present oldest title

REVOCATION OF DONATIONS
applies only to donation inter vivos
not applicable to onerous donations
With regards to donations made by person without children or descendants at time

of

donation:
1.
If donor should have legitimate, legitimated or illegitimate children
2.
If child came out to be alive & not dead contrary to belief of donor
3.
If donor subsequently adopts a minor child

Action for revocation based on failure to comply with condition in case of conditional donations

Action for revocation by reason of ingratitude

1.

Donee commits offense against person, honor, property of donor, spouse, children
under his
parental authority
2.
Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he
should prove it unless act/crime has been committed against donee himself, spouse or children
under his parental authority
3.
Donee unduly refuses to give support to donor when legally or morally bound to give support to
donor

BIRTH OF CHILD

NON-FULFILLMENT
OF CONDITION

INGRATITUDE

Ipso jure revocation, no

need for action., court
decision is merely
declaratoryneeds court actionneeds court actionExtent: portion which may impair legitime of
heirsExtent: whole portion but court may rule partial revocation onlyExtent: Whole portion
returnedProperty must be returnedProperty in excessProperty to be returned

Alienation/mortgages
done prior to recording in
Register of Deeds:
If already sold or cannot be returned the value must be returned
If mortgaged donor may redeem the mortgage with right to recover from
doneeAlienations/mortgages imposed are void unless registered with Register of DeedsPrior ones
are void; demand value of property when alienated and cant be recovered or redeemed from
3rd personsFruits to be returned at filing of action for revocationFruits to be returned at filing of

complainant Prescription of action is 4 years from birth, etc.Prescription is 4 years from nonfulfilmentPrescription is 1 year from knowledge of fact and it was possible for him to bring
actionAction cannot be renouncedAction cannot be renounced in advance Right of action
transmitted to heirsRight of action at instance of donor but may be transmitted to heirsHeirs cant
file actionAction extends to donees heirsAction does not extend to donees heirs

Exception to rule on intransmissibility of action with regards to revocation due to

ingratitude:

donor has instituted proceedings but dies before bringing civil action for revocation

donor already instituted civil action but died, heirs can substitute

donee killed donor or his ingratitude caused the death of the donor

donor died w/o having known the ingratitude done

criminal action filed but abated by death

1.
personal to the donor; general rule is heir cannot institute if donor did not institute
2.
heirs can only file in the ff cases:
1.
can only make heirs of donee liable if complaint was already filed when donee died

Inofficious donations:
1.
shall be reduced with regards to the excess
2.
action to reduce to be filed by heirs who have right to legitimate at time of donation
3.
donees/creditors of deceased donor cannot ask for reduction of donation
4.
if there are 2 or more donation: recent ones shall be suppressed
5.
if 2 or more donation at same time treated equally & reduction is pro rata but donor may
impose preference which must be expressly stated in donation
Source:
Civil Law (Property) Memory Aid
Ateneo Central Bar Operations 2001
Posted in Civil Law
1 Comment
Tags: property

Civil Law Land Titles

JUL 31
Posted by Magz

Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES

Land Title evidence of right of owner or extent of his interest, by which means he can maintain
control and as a rule assert right to exclusive possession and enjoyment of property.
Deed instrument in writing which any real estate or interest therein is created, alienated,
mortgaged or assigned or by which title to any real estate may be affected in law or equity.
1.
Grantor
2.
Grantee
3.
Words of grant
4.
Description of property

5.
6.

Signature of grantor
Witnesses

Types of estates:
1. Freehold estate indicates title of ownership.
a. Fee simple absolute title; conferred without limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. Less than freehold estate a right short of title
a. Estate for years lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period lease running from month to month or year to year with
automatic renewal
c. Tenancy at will person is permitted to occupy land of another without stipulation as to period
3 Stages of Development of Legal System of Transferring Titles:
1.
Production & delivery of deed by grantor to grantee without registration
2.
Deed of conveyance is recorded to bind 3rd persons
3.
Registration of title
Registration guarantees the title
Recording does not guarantee the title; need to examine other docs
Purpose of Registration:
1.
Serve as constructive notice
2.
Prevent fraudulent claims
3.
Protect interest of strangers to transaction
Modes of Acquiring Land Titles:
1.
Title by public grant conveyance of public land by government to a private individual
2.
Title by acquisitive prescription open, continuous, exclusive, notorious possession of a
property
3.
Title by accretion alluvion
4.
Title by reclamation filling of submerged land by deliberate act and reclaiming title thereto;
government
5.
Title by voluntary transfer private grant; voluntary execution of deed of conveyance
6.
Title by involuntary alienation no consent from owner of land; forcible acquisition by state
7.
Title by descent or devise hereditary succession to the estate of deceased owner
8.
Title by emancipation patent or grant for purpose of ameliorating sad plight of tenantfarmers; not transferable except by hereditary succession

Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERAL CHARACTERISTICS

Advantages:
1.
Abolishes endless fees
2.
Eliminates repeated examination of titles
3.
Reduces records enormously
4.
Instantly reveals ownership
5.
Protects against encumbrances not noted on the Torrens certificate
6.
Makes fraud almost impossible
7.
It assures
8.
Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the
fees
9.
Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or of loans within the compass of hours instead of a matter
of days
Purpose of Torrens Law: quiet title to land once registered, owner might rest secure
Persons Bound When Title Not Registered:
1.
Grantor
2.
Heirs & devisees
3.
Persons with actual notice
Procedure in Land Registration Case:
1.
Survey of land by Bureau of lands or duly licensed private surveyor
2.
Filing of application for registration by applicant
3.
Setting of date of initial hearing of application by RTC
4.
Clerk of court to transmit to Land Registration Authority the application, date of initial hearing
& other pertinent docs
5.
Publication of notice of filing of application, date & place of hearing in OG and in newspaper
of general circulation
6.
Service of notice contiguous owners, occupants & those who have interest in property
7.
Filing of answer or opposition to application
8.
Hearing of case by RTC
9.
Promulgation of judgment by court
10. Issuance of decree by RTC decision; Instruct land registration authority to issue decree of
confirmation & registration
11. Entry of decree of registration in Land Titles Administration
12. Send copy of decree to Register of Deeds
13. Transcription of decree of registration in registration book & issuance of the owners duplicate
original certificate of title of the applicant by the Land registration Authority upon payment of
prescribed fees.

CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS

Who may Apply:
1.
Those in open, continuous, exclusive, notorious possession of patrimonial property of state
underbona fide claim of ownership since June 12, 1945 or earlier
2.
Those who acquired ownership of private land by prescription
3.
Those who acquired ownership of private lands by right of accretion
4.
Those who acquired ownership in any manner provided for by law
Limitation to Ownership of Land by Corporation:
1.
Private lands
2.
At least 60% Filipino to acquire private land
3.
Restricted as to extent reasonably necessary to enable it to carry out purpose which it was
created
4.
If engaged in agricultural restricted to 1,024 ha.
5.
Patrimonial property of state
6.
Lease for 25 years renewable
7.
Limited to 1,000 ha.
8.
Apply to both Filipinos & foreign cos.
Form & Contents of Application:
1.
In writing & signed by applicant or person duly authorized
2.
Description of land
3.
Citizenship
4.
Civil status
5.
Full names & address of occupants & adjoining owners
What to Accompany Application:
1.
Tracing cloth plan duly approved by the Director of Lands
2.
3 copies of technical descriptions
3.
3 copies of surveyors certificate
4.
All original muniments of title
5.
4 copies of certificate by city/provincial treasurer of assessed value of land
Amendments Allowed & Not Allowed
1.
Substantial change in boundaries or increase in area new technical description necessary
need new publication & notice
2.
Substitution of name of new owner file motion with court
3.
Decrease the area file motion in court
Muniment of Title instruments or written evidences which applicant hold or posses to enable
him to substantiate & prove title to his estate
Transaction Took Place Before Issuance of Decree:
1.
Record instrument in Register of Deeds in same manner as if no application was made
2.
Present instrument to RTC, motion praying that same be considered in relation to the pending
application
Transaction Took Place after Issuance of Decree:

Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT.

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT

Notice in conspicuous place in land & bulletin board of municipality 14 days before hearing
Hearing within 7 days after publication in OG
25 90 days from date of order
To Whom Notice must be Sent:
1.
City/municipal mayor & provincial governor
2.
Department of Agrarian Reform, Solicitor General & Director of Lands , Director of Fisheries,
Director of Mines
3.
Adjoining owners & those who have rights or interest thereto
Requisites of Opposition:
1.
Set forth objections to the application
2.
State interest claimed by oppositor
General Default

If no person appears and answers within time prescribed

Special Default

Party appears at initial hearing without having filed an answer and ask court for time to file
answer but failed to do so within period allowed.

CHAPTER 5: HEARING & DECREE

Who Conducts Hearing:
1.
RTC
2.
Refer to referee commissioner
Proceedings for Ordinary Registration (Land registration Act) /Proceeding for judicial
confirmation of Imperfect title under the Public land act

There exist a title to be confirmed

Land applied for belongs to the state

Court may dismiss without prejudice to file new application

Dismiss with prejudice

Risk to have application denied without losing land

Risk involves loss of land

CHAPTER 6: JUDGMENT & DECREE

Decree issued by land registration authority containing technical description of land; issued
after finality of judgment
1.
Decrees dismissing application
2.
Decrees of confirmation and registration

Final after 1 year after decree

Unless there in innocent purchaser for value
Subject only to appeal
Once final, cannot be subject to attack, deemed conclusive against the world

3.
4.

Put end to litigation

Purpose of Torrens system is protected
Amendment after 1 year is allowed creation or extinguishment of new rights; inclusion of new
owners not allowed

Judgment decision of court constituting its opinion after taking into consideration the evidence
submitted
Writ of Possession order to sheriff to deliver the land to the successful party litigant; no
prescription
1.
Against loser
2.
Against anyone unlawfully & adversely occupying
When Writ may not Issue:

Person entered into property after decree- non claimant; had been there for 10 years
Means to Recover Possession:
1.
Forcible entry
2.
Unlawful detainer
3.
Accion publiciana
4.
Accion reindivicatoria
Res Judicata:
1.
Former judgment must be final
2.
Rendered by court having jurisdiction over subject matter & parties
3.
Judgment on merits
4.
Identity of parties, subject matter and causes of action
Remedies Available to Aggrieved Party in Registration Proceedings:
1.
Motion for new trial must be brought within 15 days from notice of judgment
2.
Fraud, accident, mistake, excusable negligence which ordinary prudence could not have
guarded
3.
Newly discovered evidence which could not be discovered & produced at trial
4.
Evidence insufficient to justify decision, decision is against the law
5.
Appeal must be brought 15 days from notice of judgment
6.
Review of decree of registration available to party deprived of day in court; became nonparty due to misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts
intended to deceive; will no longer prosper if already transferred to innocent purchaser for
value
7.
Plaintiff is owner of land registered in name of defendant
8.
Registration procured through actual fraud
9.
Property has not issued to innocent purchaser for value
10. Action is filed within 1 year after issuance of decree of registration
11. 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

12. Reconveyance action in personam; available so long as property not passed yet to innocent
purchaser for value; bad faith or with notice of defect
13. Recovery for damages
14. Person is wrongfully deprived of his land by registration in name of another actual or
constructive fraud
15. No negligence on his part
16. Barred/ precluded from bringing an action
17. Action for compensation has not prescribed

CHAPTER 7: CERTIFICATE OF TITLE

Torrens Title certificate of ownership issued under the Torrens System of registration by the
government through road naming & declaring owner in fee simple of property described therein
free from all liens except those expressly noted.
Process:
1.
Within 15 days from finality of order of judgment directing registration of title court to order
Land registration Admin to issue decree of registration and certificate of title
2.
Clerk of court will send order of court & copies of judgment
3.
Administrator to issue decree of registration & original & duplicate of OCT signed by
Administrator, entered & file decree of registration in LRA
4.
Send to Register of Deeds original & duplicate of title & certificate for entry in his
registration book
5.
Enter in record book, dated, signed, numbered & sealed take effect upon date of entry
6.
Register of Deeds to send notice to registered owner ready for delivery after payment of fees
7.
Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued
8.
Original copy to be filed in Register of Deeds; bound in consecutive order.
Action for Partition, Splitting or Consolidation of Titles:
1.
Splitting or consolidation ordinary Register of Deeds level, no court involved
2.
Subdivision plan approval of NHA, final approval of LRA, then Register of Deeds to issue
memorandum that streets not to be disposed except by way of donation to govt. shall be
effected without approval of NHA.
Annotations at Back of Certificate need court order; otherwise null & void

CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND

Operative Act registration by owner; deed not registered binding only between parties
Process of Registration:
1.
File instrument creating or transferring interest and certificate of title with Register of Deeds
2.
Owners duplicate
3.
Payment of fees & documentary stamp tax
4.
Evidence of full payment of real estate tax
5.
Document of transfer 1 copy additional for city/provincial assessor

6.
7.

Register of Deeds shall make a memorandum on the certificate of title, signed by him
Issue TCT

Voluntary dealings

Need to present title to record the deed in registry & to make memorandum on title.
Involuntary dealings

No presentation required; sufficient that annotation in entry book is sufficient

Formal requisites of a deed:
1.
Full name
2.
Nationality
3.
Place of residence
4.
Postal address of grantee or other persons acquiring or claiming interest
5.
Civil status
6.
Whether or not corporation:
a. Register of Deeds to keep an entry book day book
b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year,
month, day, time, minute of reception of instrument; Registered from time of entry
c. Fees of 5 bucks per document to be paid within 15 days
d. Note memorandum & sign & issuance of certificate
e. Documents are numbered & indexed & indorsed with reference to certificate of title public
records
f. Subject to reasonable regulation

Cost borne by vendor.

CHAPTER 9: REAL ESTATE MORTGAGE

Real Estate Mortgage real property/real rights secures fulfillment of an obligation
Kinds:
1.
Conventional agreed upon by parties
2.
Legal Created by operation of law
3.
Judicial results from a judgment
4.
Equitable pacto de retro in form but mortgage in essence
Essential Requisites:
1.
Constituted to secure fulfillment of principal obligation
2.
Mortgagor be absolute owner of thing mortgaged
3.
Person constituting mortgage has free disposal of property
Special Characteristics:

1.
2.
3.
4.
5.
6.

Subject matter is realty

Real right attaches to property wherever it is & whoever holds it
Accessory presupposes existence of valid principal obligation; cannot stand alone
Indivisibility even if debt is divisible; mortgage is not
Inseparability mortgage lien is inseparable from property
Retention of possession mortgagor retains possession

Pacto de Retro Equitable Mortgage

1.
Price of sale with right to repurchase is usually inadequate
2.
Vendor remains in possession as lessee or otherwise
3.
Upon or after expiration of right to repurchase, another instrument extending period /granting
new period is executed
4.
Purchaser retains a part of the purchase price
5.
Vendor binds himself to pay taxes on thing sold
6.
Real intention of parties is that transaction shall secure payment of debt or fulfillment of other
obligation

Real Mortgage

Chattel Mortgage

Subject matter is real property

Subject matter is movable

Public document only

May be in private document provided

there is affidavit of good faith

Right of redemption for 1 year

No right of redemption

Deficiency can be recovered

Deficiency cannot be recovered

Execution & Registration

1.
Execution of deed in a form sufficient in law (public instrument)
2.
Registration with Register of Deeds where the land lies & take effect upon registration
3.
Present deed of mortgage together with owners duplicate
4.
Payment of fees
5.
Register of Deeds shall enter upon original certificate of title & upon duplicate a memorandum
date, time of filing, signature, file number assigned to deed
6.
Register of Deeds to note on deed the date & time of filing & reference to volume & page of
registration book in which it was registered
7.
No duplicate need be issued
Subject Matter

Real property plus all its accessions unless contrary is stipulated

Future property without legal effect

Future improvements deemed included

Fruits & rents of mortgaged property deemed included

Continuing credit secured by mortgage valid

Forms:
1.
Private document void & inexistent
2.
Public instrument but not recorded binding between parties but not 3 rd persons without notice

3.

Public document & registered valid & binding to 3 rd parties

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
owner:
1.
Stating that mortgage has been registered
2.
Requesting that owners 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 order requiring owner to produce certificate
Subsequent Dealings in Mortgaged Property
1.
May be further alienated stipulation to contrary is void

Assignment must also be registered since registration is operative act to affect land

If not recorded valid as to parties but not to 3rd parties, right not protected against somebody
who registers & procures better right

No need to secure permission of mortgagee

Understood unless prohibited in contract

1.
May be further mortgaged stipulation to contrary is void
1.
Pactum commisorium not allowed
1.
Property is mortgaged
2.
There is stipulation for automatic appropriation
1.
Discharge

Execute public document canceling or releasing mortgaged in form prescribed by law

Present instrument with Register of Deeds where land lies together with owners duplicate for
registration

Memorandum of cancellation is annotated on duplicate & original

When Mortgagor Dies
1.
Abandon security & prosecute his claim by sharing in general distribution of assets of the estate
2.
Foreclose mortgage by making executor party defendant
3.
Foreclose it in due time
Parties in Foreclosure Suit: all persons claiming interest subordinate in right to mortgagee
Action to Foreclose: Prescribes in 10 years (written contract)
Venue: Per stipulation or in absence thereof, where the property lies
Foreclosure
1. JUDICIAL

Mortgagee to petition in court for foreclosure

Court to render order for debtor to pay sum due within 90 days and if not paid from date of
service, property be sold at public auction
Notice & Publication
Public auction: sale to highest bidder
Sheriff to issue certificate confirming judicial foreclosure
File with Register of Deeds final decree of court confirming sale
Memo entered in certificate of title

If right of redemption exist, certificate of title of mortgagor not to be cancelled but

memorandum shall be entered upon the certificate duplicate & original
After expiry of 1 year redemption period & no redemption, title is consolidated to new owner
Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed
If there is redemption, memorandum to be annotated on certificate of title

2. EXTRA-JUDICIAL

Allowed only if stipulation between party authorizes extra-judicial foreclosure

Cannot be made legally outside of city where land lies
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:

1.

2.
3.
4.

5.
6.

Deed of sale must be supported by certificate of sheriff that said sale was conducted
accordingly stating the date, time, place of sale, names of creditor & debtor, description of
property, name of highest bidder, selling price
Present in Register of Deeds where land lies
Memorandum on back of certificate is made
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 there is no redemption
New certificate of title issued in favor of vendee
If redeemed notice of redemption shall be registered & accomplished by way of memorandum
on proper certificate of title

Right of Redemption

Payment of purchase price plus 1% per month plus taxes if paid by purchaser

To be exercised within 1 year after registration of sale

Right to Deficiency allowed

CHAPTER 10: CHATTEL MORTGAGE

Chattel Mortgaged personal property is registered with Register of Deeds to secure performance
of an obligation
Subject Matter: movables
Deed of Mortgage:

Requires only description to enable parties & other persons to identify the subject matter
Registration of Chattel Mortgage
1.
Execution of document
2.
Payment of fees

3.

Register of Deeds enters in DAY BOOK in strict order of their presentation chattel mortgages &
other instruments relating thereto (primary process)
4.
Register of Deeds thereafter enters in a more detailed form the essential contents of the
instrument in the Chattel Mortgage Register (complementary process)

Effect of Registration:
1.
Creates a lien attaches to the property whoever holds it; binding on subsequent purchasers
2.
Constructive notice
Sale of Chattel Without Consent of Mortgagee void; criminal act
Effect of Failure to Register:

Valid between parties but void against 3rd persons

If instead of registration, it is delivered it shall be a pledge & not chattel mortgage (if no
chattel mortgage deed executed)

Actual knowledge is same effect as registration

Affidavit of Good Faith: Statement That
1.
Mortgaged is made to secure obligation specified
2.
Valid & just obligation
3.
Not entered into for purpose of fraud
Effect of Absence of Affidavit of Good Faith:

Vitiates mortgage as against creditors & subsequent encumbrances

Valid as between parties

No need to be in public document

Assignment of Mortgage

No need to be registered, permissive only & not mandatory

Cancellation of Chattel Mortgage

Mortgagee to execute a discharge of the mortgage in manner provided by law

Foreclosure of Mortgage

The must first be non-payment & at least 30 days have elapsed since then

Alternatives:
1.
Judicial
2.
Extra-judicial only if there is stipulation/authority
Procedure in Foreclosure
1.
Notice posted for 10 days in at least 2 public places in municipality where property is to be sold
designating the time, place and purpose of sale
2.
Mortgagor is notified in writing at least 10 days before sale
3.
Public auction
4.
30 days after sale, officer makes a return & file with Register of Deeds where mortgage has
been recorded
5.
Officers return operates as a discharge of the lien created by the mortgage
6.
Proceeds to be applied:
7.
Cost of sale
8.
Amount of obligation
9.
Subsequent mortgages
10. Balance mortgagor

Recovery of Deficiency: Allowed

CHAPTER 11: LEASE

Lease one of parties deliver possession of property to another who is obliged to pay rent for use
of such property.
Registration of Lease
1.
File with Register of Deeds the instrument creating lease together with Owners Duplicate of
certificate of title
2.
Register of Deeds to register by way of memorandum upon certificate of title
3.
No new certificate shall be issued
When Prohibition in Mortgaged Property as regards Subsequent Conveyances, etc.: Leasehold
cannot be registered in the title thereof.
Effect of Registration:
1.
Creates a real right but without prejudice to rights of 3rd persons
2.
If not registered valid as between parties but not to 3rd persons without notice
Registration lessor not required to initiate; lessee shall initiate
Aliens:
1.
May be granted temporary rights for residential purposes
2.
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:
1.
Expressed need to be in writing; cannot be proved by parole evidence
2.
Implied exist by operation of law; can be proved by parole evidence
3.
Property is bought but paid by another party
4.
Donation is made but donee have no beneficial interest thereon
5.
Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan
6.
Land passes by succession to a person but legal title is put in anothers name
7.
2 persons purchase property but placed only in ones name
8.
Guardian uses funds of ward to buy property
9.
Property is acquired thru mistake or fraud
Power of Attorney authority granted to a person to dispose ones property.
Trust Differentiated from Power of Attorney
1.
Trust has 3 parties while power of attorney has 2 parties
2.
Trust is for benefit of 3rd party while power of attorney is for benefit of principal
Registration of Trust

1.

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
2.
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:
1.
Preliminary
2.
Garnishment
3.
Levy on execution
Registration of Attachment / Other Liens
1.
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
2.
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
3.
If duplicate of certificate of title is not presented:
4.
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
5.
If owner neglects or refuses Register of Deeds shall report matter to court
6.
Court after notice shall enter an order to owner to surrender certificate at time & place to be
named therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry of Register of
Deeds produces effect of registration already.
Effect of Registration of Attachment:
1.
Creates real right
2.
Has priority over execution sale
3.
But between 2 attachments one that is earlier in registration is preferred

4.

If not registered actual knowledge is same as registration

Duty of Register of Deeds

Basically ministerial but may refuse registration in ff circumstances:

1.
Title to land is not in the name of defendant
2.
No evidence is submitted to show that he has present or possible future interest in land
3.
Unless: heir
Properties Exempt From Execution: Family Home
Attachment How continued, reduced or discharged

Any method sufficient in law

Document to be registered
1.
EXECUTION SALE

To enforce a lien of any description on registered land, any execution or affidavit to enforce
such lien shall be filed with Register of Deeds where land lies

Register in registration book & memorandum upon proper certificate of title as adverse claim
or as an encumbrance

To determine preferential rights between 2 liens: priority of registration of attachment

2.
TAX SALE

Sale of land for collection of delinquent taxes and penalties due the government

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

Publication of notice must also be made in English, Spanish & local dialect & posted in a public
& conspicuous place in place wherein property is situated & at main entrance of provincial
building

Sale cannot affect rights of other lien holders unless given right to defend their rights: due
process must be strictly observed

Tax lien superior to attachment

No need to register tax lien because it is automatically registered once the tax accrues

But sale of registered land to foreclose a tax lien need to be registered

Procedure of Registration of Tax Sale:
1.
Officers return shall be submitted to Register of Deeds together with duplicate title
2.
Register in registration book
3.
Memorandum shall be entered in certificate as an adverse claim or encumbrance
4.
After period of redemption has expired & no redemption (2 years from registration of auction
sale) cancellation of title & issuance of new one
5.
Before cancellation, notice shall be sent to registered owner: to surrender title & show cause
why it shall not be cancelled
Actual Knowledge is Equivalent to Registration
Adverse Claim
1.
Make a statement in writing setting forth alleged interest, from whom acquired, how acquired,
no of certificate of land, name of registered owner, description of land in which right/interest is
claimed signed & sworn to
2.
Statement shall be entitled to registration as adverse claim on certificate of title

3.
4.

Effective for 30 days from date of registration

After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled

5.

No 2nd adverse claim based on same ground shall be registered by same claimant

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

Effect of Registration:
1.
Impossibility of alienating the property in dispute during the pendency of the suit may be
alienated but purchaser is subject to final outcome of pending suit
2.
Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued
Cancellation of Lis Pendens:
1.
Before final judgment court may order cancellation after showing that notice I sonly for
purpose of molesting an adverse party or it is not necessary to protect rights of party who
caused it to be registered
2.
Register of Deeds may also cancel by verified petition of party who caused such registration
3.
Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is
registered
Notice of Lis Pendens is an Involuntary Transaction

Sufficient that there is entry in day book

Other Parties who Need to Register:
1.
ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY

Duty of the officer serving notice to file copy of notice to Register of Deeds where the property
of debtor lies

Assignee elected or appointed by court shall be entitled to entry of new certificate of

registered land upon presentment of copy of assignment with bankrupts certificate of title
(duplicate)

New certificate shall not that it is entered to him as assignee or trustee in insolvency
proceedings
Judgment / Order Vacating Insolvency Proceedings

Order shall also be registered

Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate
2.
GOVERNMENT IN EMINENT DOMAIN

Copy of judgment file in Register of Deeds which states description of property, certificate
number, interest expropriated, nature of public use

Memorandum shall be made or new certificate of title shall be issued

CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE

When Owner of Property Dies testate or intestate,

Administrator shall file with Register of Deeds registration of property in his name to be vested
with ownership as trustee so he can sell, etc, convey, etc

Not necessary if already empowered in the will

When Judicial Proceeding Not Necessary

Heirs may partition estate immediately & no need to be burdened with cost/expenses of an
administrator
1.
In absence of debts
2.
Heirs are all of legal age
Partition / Settlement of Estate
1.
JUDICIAL

After entry of final judgment of partition, copy certified by clerk of court to be filed with
Register of Deeds

Each owner to gave separate certificate of title (duplicate)

If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name
upon presentment of order confirming sale
2.
EXTRAJUDICIAL
3.
Decedent died intestate
4.
No debts
5.
Heirs are all of legal age, or minors represented by guardian

Heirs to execute public instrument to be filed with Register of Deeds

If disagree with each other, file in court ordinary action for partition

If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with
Register of Deeds

If there is movables involved, bond to be filed equivalent to value of property as certified

under oath by parties conditioned upon payment if any just claim which may be filed by creditor
within 2 years 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
1.
May be dispensed with if will empowers him sell
2.
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, 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:
1.
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
2.
No negligence attributable to him
3.
Claimant is barred from filing action to recover said land
4.
Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
1.
Breach of trust
2.
Mistake in resurvey resulting in expansion of area in certificate of title
Loss/Damages Should be Due to the Following Reasons:
1.
Omission, mistake, misfeasance of Register of Deeds or clerk of court
2.
Registration of 3rd persons as owner
3.
Mistake, omission, misdescription in certificate of title, duplicate or entry in books
4.
Cancellation
Against whom Action is Filed:
1.
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
2.
Private persons involved should also be impleaded
Liability:
1.
Satisfy claims from private persons first
2.
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:
1.
Any court of competent jurisdiction RTC in city where property lies or resident of plaintiff

2.
3.

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

1.

Lost Duplicate Certificate

Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title with memorandum that it is

CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION

2.

1.
2.
3.

issued in place of lost certificate (duplicate)

If false statement: complex crime of estafa thru falsification of public document
Adverse claim in registered land
Whoever claims a better right or interest in a land adverse to the registered owner shall make
written statement alleging his right, how and when acquired with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
If there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered by same claimant
Adverse to registered owner
Arises after original registration
Cannot be registered under provisions of land registration act
To be made on original certificate, to the duplicate is not necessary because no access
Contracts of lease, contract to sell but prescription and money claims are not allowed
Purpose: measure designed to protect the interest of a person over a property where

registration is not provided for by the land registration act; serve as notice and warning to
persons subsequently dealing on said land
Different with lis pendens: permanent; can only be removed after hearing is done but adverse

claim is only for 30 days: lis pendens notice that property is in litigation; adverse claim;
somebody is claiming better right
Recent ruling: adverse claim can only be removed upon court order

3.

Petition Seeking Surrender of Duplicate Title

In voluntary and involuntary conveyances when duplicate cannot be produced, petition in
court may be filed to compel surrender of certificate of title duplicate to Register of Deeds
After hearing, may order issuance of new certificate and annul the old certificate; new
certificate shall contain annotation re annulment of old certificate

4.

Amendment and Alteration of Certificate of Title

A certificate of title cannot be altered, amended except in direct proceeding in court;

summary proceeding
Entries in registration books also not allowed to be altered except by order of the court
Grounds:

1.
2.
3.
4.
5.
6.
7.

New interest not appearing on the instrument have been created

Interest have terminated or ceased
Omission or error was made in entering certificate
Name of person on certificate has been changed
Registered owner has married
Marriage has terminated
Corporation which owner registered land has dissolved and has not conveyed the property
within 3 years after its dissolution
What corrections are permitted in title (which does not include lands included in original;

technical description as long as original decree of registration will not be reopened and rights or
interest of persons not impaired; old survey was incorrect; substitution of name of registered
owner)
1.
Alteration which do not impair rights and
2.
Alteration which impair rights with consent of all parties
3.
Alterations to correct obvious mistakes

5.

Reconstitution of original certificate of tile

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
To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days
before hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to Register of Deeds
Lack of essential data fatal

6.

Transaction evidenced by lost document how registered

Register of Deeds forbidden to effect registration of lost or destroyed documents
Steps by interested parties:

1.
2.

Procure authenticated copy of lost or destroyed instrument

Secure an order from court

In connection with original and subsequent registration of lands payable to Clerk of court,

CHAPTER 18: FEES, OFFENSES, PENALTIES

Register of Deeds, sheriff

Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees
due payable within next 15 days

Offenses:
1.
Larceny
2.
Perjury false statement under oath
3.
Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years
or both in discretion of court
4.
Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of
court
5.
Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of
Register of Deeds
6.
Fraudulent stamping or assistance in stamping
7.
Forging of handwriting, signature of persons authorized to sign
8.
Use of any document which an impression of the seal of the Register of Deeds is forged
9.
Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not
encumbered; deceitful disposition of property as free from encumbrance: imprisonment of 3
years or fine not exceeding 2,00 or both at discretion of court

CHAPTER 19: REGISTRATION OF PUBLIC LANDS

Public

Lands all lands owned by the government

Inalienable and alienable
Inalienable public domain: timber and miner lands
Alienable/ Disposable public agricultural land

Public land may be alienated, conveyed to private person.

Procedure:
1.
Official issuing instrument of conveyance to issue instrument
2.
File instrument with Register of Deeds
3.
Instrument to be entered in books and owners duplicate to be issued
4.
Instrument only contract between Government and private person and does not take effect as
conveyance if unregistered, it is registration which is operative act of conveying land; evidence
of authority for Register of Deeds to register
5.
Fees to be paid by grantee
6.
After issuance of certificate of title, land is deemed registered land within the purview of the
Torrens system
Nature of Title to Public Lands conveyed: Indefeasible and Conclusive

In absence of registration, title to public land is not perfected and therefore not indefeasible

In case of 2 titles obtained on same date one procured thru decree of registration is superior
than patent issued by director of lands

2 titles procured by one person one from homestead patent, one from judicial decree & sold
to 2 diff persons, one who bought it for value and in good faith & one who register first shall
have preference.

Classification of Land of Public Domain:

Classification is exclusive prerogative of executive & not by judiciary

Anyone who applies for confirmation of imperfect title has burden of proof to overcome the
presumption that the land sought to be registered forms part of public domain (Regalian
doctrine).
Under the Constitution:
1.
Agricultural only one subject to alienation
2.
Forest or timber
3.
Mineral lands
4.
National park
Under the Public Land Act:
1.
Alienable/disposable
2.
Agricultural
3.
Residential, commercial, industrial
4.
Educational, charitable
5.
Town sites and for public and quasi-public uses
6.
Timber lands inalienable
7.
Mineral lands inalienable

If patent or title is issued void ab initio for lack of jurisdiction

Not subject to acquisitive prescription; even if in possession for long time, will not ripen into
ownership

Except: mineral lands and forest lands acquired before inauguration of Commonwealth in
November 15, 1935; vested rights which are protected.
Fishponds
Before: included in definition of agriculture, conversion of agricultural land to fishponds does not
change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased
from government.
Director of Lands

Quasi-judicial officer

Findings of fact conclusive on higher court with absence of fraud, mistake other than error of
judgment; but not with regards to finding of law

Empowered to alienate and dispose lands

Modes
1.
2.
3.
4.
5.

of Alienating Public Lands:

Homestead settlement
Sale
Confirmation of imperfect or incomplete title
Judicial legalization
Administrative legalization

Lease not included since lease does not transfer ownership; free-title grant: free distribution of
public lands to encourage people to cultivate; government furnishes the applicant with tolls plus
cash allowance to enable him to cultivate

Confirmation of Imperfect Title:

1.
Last extension granted by Government was until December 31, 1987
2.
Right made available to person qualified to acquire alienable and disposable public land thru
open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership
since June 12, 1945.
3.
Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive
title, without default on their part provided they have occupied since their application
4.
In OCEN possession since June 12, 1945 or earlier
5.
Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
Max Land that can be Applied: 144 hectares

In case of foreigner, sufficient that he is already Filipino citizen at the time of his application

Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title;
can only lease
Persons Competent to Question Land Grant

Persons who obtained title from State or thru persons who obtained title from State
PATENT
When
1.
2.
3.

is Government Grant Deemed Acquired by Operation of Law:

Deed of conveyance issued by government patent/grant
Registered with Register of Deeds mandatory: operative act to convey & transfer title
Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible

Title Issued Pursuant to Registration of Patent

1.
Indefeasible when registered, deemed incorporated with Torrens system; 1 year after
issuance of patent
2.
May not be opened one year after entry by Land Registration Authority; otherwise, confusion,
uncertainty & confusion on government system, of distribution of public lands may arise & this
must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration
does not shield bad faith

Court in exercise of equity jurisdiction may direct reconveyance even without ordering
cancellation of title
Aim of Homestead Patent:

Benevolent intention of government to distribute disposable agricultural land to destitute

citizens for their home and cultivation

As a matter of public policy, may be repurchased even if after 5 years provided not for profit

Right of repurchase not allowed if sold within family & not for cultivating or living but for
speculation purpose
Restrictions:

1.
2.
3.
4.

Cannot be alienated within 5 years after approval of application for patent

Cannot be liable for satisfaction of debt within 5 years after approval of patent application
Subject to repurchase of heirs within 5 years after alienation when allowed already
No corporation, partnership, association may acquire unless solely for commercial, industrial,
educational, religious or charitable purpose or right of way subject to consent of grantee &
approval of Secretary of Natural resources

Exceptions:
1.
Action for partition because it is not a conveyance
2.
Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto

Pari delicto rule does not apply in void contract

Violation of prohibition results in void contract

Action to recover does not prescribe

Homesteader

If he dies, succeeded by heirs in the application

Legal

Restriction in Disposition by Non-Christians (Cultural MINORITIES)

Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit

CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS

Purpose:

Another means to bring lands under operation of Torrens System

Ordinary registration is slow for lack of initiative on part of landowners, innovation was
conceived to hasten and accelerate registration

Government initiates that all lands within a stated region are up for registration whether or
not owners are interested to settle their titles
Nature of Proceedings:

In rem

No defendant & no plaintiff

Compulsory
Procedure:
1.
Cadastral survey

In opinion of Phil president pursuant to requirement of public interest, title of land within a
specified area needs to be settled and adjudicated

Order Director of Lands to make survey and plan

Director gives notice to persons claiming interest in lands & to gen public of day of survey
published in OG and posted in conspicuous place on lands to be surveyed

Geodetic engineers commences survey

During survey, boundaries are marked by monuments

2.
Filing of petition

3.

After survey and plot been made, Director represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders, claimants, possessors, occupants
Parcel of lots given their cadastral numbers
Publication of notice of hearing
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation &

copy mailed to person whose address is known & other copies posted in conspicuous place
designated bylaw
4.
Filing of answer

Any person claiming interest in any part of lands subject to petition is required to file answer

Answer must give the ff details:

1.
2.
3.
4.
5.
6.
7.
8.
9.

Age of claimant
Cadastral number of lot claimed
Name of barrio or municipality where lot is located
Name of owners of adjoining lots
If in possession & without grant no of years in possession
If not in possession state interest claimed
If assessed of taxation assessed value
Any encumbrances affecting said lots
Hearing of case
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain

6.

Decision
Claimants are notified of decision

7.

Issuance of decree and certificate of title

Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms of such certificate

Nature of Title Covered by 2 Acts:

Title in good faith & for value

Errors in plan does not annul decree of registration

Cancellation & correction is permitted

Land Already Registered

Jurisdiction is limited only to correction of technical errors

Court cannot issue decree on land already decreed

Revision of decree allowed when substantial rights are not impaired; what is prohibited is
registered land to be registered again in name of another

Jurisdiction subsist to all incidental matters

CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION

CADASTRAL

ORDINARY

Party
Initiating

Government

Private Individual

Subject
Matter

Private and Public

Private Lands

Ownership

Government does not assert

ownershipInterested only in
settlement of titles

Ownership is Asserted

Survey

Government undertakes survey

and advances expenses

On account of owner

As to risk

In absence of successful
claimant, property goes to
government

Applicant has another chance to

claim is dismissal is without
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 3 rd person

prior to registration (limited effect to 3 rd 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:

1.
2.
3.

Presentment of instrument dealing in unregistered land

If found in order registered
If found defective registration is refused writing his reason for refusal

Source:
Civil Law (Land Titles) Memory Aid
Ateneo Central Bar Operations 2001

Posted in Civil Law

3 Comments
Tags: Land Titles

Civil Law Estoppel

JAN 25
Posted by Magz

Estoppel (Article 1431)

1.
An admission;
2.
Is rendered conclusive
3.
Upon the person making it; and
4.
Cannot be denied or disproved against the person relying thereon
Concept of Estoppel
Estoppel is a bar which precludes a person from denying or asserting anything to the contrary of
that which has, in contemplation of law, been established as the truth, either by the acts of
judicial or legislative officers or by his own deed or representation, either expressed or implied.
It concludes the truth in order to prevent fraud and falsehood, and imposes silence on a party only
when in conscience and honesty he should not be allowed to speak.

Distinguished from Waiver

A waiver is a voluntary and intentional abandonment or relinquishment of a known right. It carries
no implication of fraud. It involves the act or conduct of only one of the parties.
An equitable estoppel may arise, however, even where there is no intention on the part of the
person estopped to relinquish any existing right and frequently carries the implication of fraud. It
involves the conduct of both parties.
In Lopez v. Ochoa (L- 7955, May 30, 1958), the Supreme Court held that waiver and estoppel are
frequently used as convertible terms. The doctrine of waiver belongs to the family of, is of the
nature of, is based on, estoppel. The essence of waiver is estoppel and where there is no
estoppel, there is no waiver. This is especially true where the waiver relied upon is constructive or
implied from the conduct of a party.
Distinguished from Ratification

In ratification, the party is bound because he intended to be bound; in estoppel, the party is
bound notwithstanding the fact that there was no such intention because the other party will be
prejudiced and defrauded by his conduct unless the law treats him as legally bound.

Distinguished from Fraud

Estoppel exists with or without a contract; fraud presupposes an attempt to enter into a valid
agreement or contract.
While estoppel may raised as a defense, fraud may properly be a cause of action on account of the
vitiated consent that it produces.

Admissions
A party may be estopped to insist upon a claim, assert an objection, or take a position which is
inconsistent with an admission which he had previously made and in reliance upon which the other
party has changed his position.

Silence or Inaction
This is sometimes referred to as estoppel by standing by or laches. Mere innocent silence will
not work an estoppel. There must also be some element of turpitude or negligence connected
with the silence by which another is misled to his injury. But one who invokes this doctrine of
estoppel must show not only unjustified inaction but also some unfair injury would result to him
unless the action is held barred.
Estoppel by acquiescence is closely related to estoppel by silence. In the former, a person is
prevented from maintaining a position inconsistent with one in which he has acquiesced.

Nature of Laches
Laches is failure or neglect, for an unreasonable and unexplained length of time, to do that which,
by exercising due diligence, could or should have been done earlier; it is negligence or omission to
assert a right within a reasonable time, warranting a presumption that the party entitled to assert
it either has abandoned or declined to assert it.

Elements of Laches
1.
Conduct on the part of the defendant or of one under whom he claims, giving rise to the
situation complained of;
2.
Delay in asserting complainants rights after he had knowledge of the defendants conduct and
after he has had an opportunity to sue;
3.
Lack of knowledge or notice on the part of the defendant that the complainant would assert
the right on which he bases his suit;
4.
Injury or prejudice to the defendant in the event relief is accorded to the complainant.
Laches and Prescription Distinguished
PRESCRIPTION

LACHES

Concerned with the fact of delay

Concerned with the fact of delay

A matter of time

Principally a question of inequity

founded on some change in the condition
of the property or the relation of the
parties

Statutory

Not statutory

Applies to law

Applies to equity

Based on a fixed time

Not based on a fixed time

Kinds of Estoppel
1. Technical Estoppels
1.
Estoppel by record the preclusion to deny the truth of matters set forth in a record, whether
judicial or legislative, and also to deny the facts adjudicated by a court of competent
jurisdiction
Example: the conclusiveness of a judgment on the parties to a case
1.
Estoppel by deed a bar which precludes one party to a deed and his privies from asserting as
against the other party and his privies any right or title in derogation of the deed, or from
denying the truth of any material facts asserted in it; a written instrument is necessary for there
to be estoppel by deed

Some doctrines:
1.
2.

If the deed or instrument is null and void because of the contract, there is no estoppel
Ordinarily, the person estopped must be capacitated; but a minor is clever enough to deceive
others, estoppel may result
3.
If a person, who is not a party to the instrument, notarizes the same, he is not in estoppel

2. Equitable Estoppel or Estoppel in Pais

It arises when one by his acts, representations or admissions, or by his silence when he ought to
speak out, intentionally or through culpable negligence, induces another to believe certain facts
to exist, and such other rightfully relies and acts on such belief, so that he will be prejudiced if
the former is permitted to deny the existence of such facts. It takes place in a situation where
because if a partys action or omission, he is denied the right to plead or prove an otherwise
important fact.
This may be estoppel:
1.
2.
3.
4.
5.

by
by
by
by
by

conduct or by acceptance of benefits

representation or concealment
silence
omission
laches

Some doctrines:
1.
2.

Conduct because of ignorance or mistake does not result in estoppel

Estoppel by laches bars an action to create a vested right (executory interest) but does not bar
an action to protect a vested right (executed interest)
3.
Just because a person is silent does not necessarily mean that he will be in estoppel; there
should have been a duty or obligation to speak
4.
A mere promise to perform or to omit at some future time does not necessarily result in
estoppel (promissory estoppel); for this to exist, the promise must have been relied upon and
prejudice would result unless estoppel is applied

Elements of Estoppel in Pais

In relation to the party sought to be estopped:
1.
Conduct amounting to false representation or concealment of material facts or at least
calculated to convey the impression that the facts are otherwise than and consistent with those
which the party subsequently attempts to assert;
2.
Intent or at least expectation that this conduct shall be acted upon by at least influence the
other party;
3.
Knowledge, actual or constructive, of the real facts
In relation to the party claiming the estoppel:
1.
Lack of knowledge or of the means of knowing the truth as to the facts in question;
2.
Reliance, in good faith, upon the conduct or statement as to the facts in question;
3.
Action or inaction based thereon of such character as to change the position or status of the
party claiming the estoppel to his injury, detriment, or prejudice

Estoppel against Owner

When in a contract between third persons concerning immovable property, one of them is misled
by a person with respect to the ownership of real right over the real estate, the latter is
precluded from asserting his legal title or interest therein, provided all these requisites are
present:
1.

There must be fraudulent representation or wrongful concealment of facts known to the party
estopped;
2.
The party precluded must intend that the other should act upon the facts as misrepresented;
3.
The party misled must have been unaware of the true facts; and
4.
The party defrauded must have acted in accordance with the misrepresentation.

An estoppel operates on the parties to the transaction out of which it arises and their privies.
The government is not estopped by mistake or error on the part of its officials or agents; the
erroneous application and enforcement of the law by public officers does not prevent a
subsequent correct application of the statute.

Natural Law
1.
Immutable and independent of all human regulations
2.
Includes those rules which are neither written nor promulgated, but are derived from reason
and nature

Types
1.
2.
3.

of Obligations:
Moral obligations duties of conscience completely outside the field of law
Natural obligations not sanctioned by any action but have a relative juridical effect
Civil obligations juridical obligations which apparently are in conformity with positive law but
are contrary to juridical principles and susceptible of being annulled
4.
Mixed obligations have full juridical effect

Conditions Necessary for Natural Obligation to Arise:

1.
Juridical tie which is not prohibited by law
2.
This tie is not given effect by law
When a debtor offers a guarantor for his natural obligation, he impliedly accepts the coercive
remedies to enforce the guaranty, and therefore, the transformation of the natural obligation into
a civil obligation.

Source:
Civil Law (Estoppel) Memory Aid
Ateneo Central Bar Operations 2001
Posted in Civil Law
1 Comment
Tags: Estoppel

Civil Law Conflict of Laws

DEC 20
Posted by Magz

CONFLICTS OF LAWS; Definition:

1.
That part of the law of each state or nation which determines whether, in dealing with a legal
situation, the law or some other state or nation will be recognized, given effect, or applied (16
Am Jur, 2d, Conflict of Laws, 1).
2.
That part of municipal law of a state which directs its courts and administrative agencies,
when confronted with a legal problem involving a foreign element, whether or not they should
apply a foreign law/s (Paras).
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW
BASIS

Nature

Persons
involved

CONFLICT OF LAW

LAW OF NATIONS

Municipal in character

International in character

Dealt with by private

individuals; governs
individuals in their private
transactions which involve a
foreign element

Sovereign states and other

entities possessing
international personality, e.g.,
UN; governs states in their
relationships amongst
themselves

Transactions
involved

Private transactions between

private individuals

Generally affected by public

interest; those in general are of
interest only to sovereign
states

Remedies
and
Sanctions

Resort to municipal tribunals

May be peaceful or forcible

Peaceful: includes diplomatic

negotiation, tender & exercise of
good offices, mediation, inquiry &

conciliation, arbitration, judicial

settlement by ICJ, reference to
regional agencies
Forcible: includes severance of
diplomatic relations, retorsions,
reprisals, embargo, boycott, nonintercourse, pacific blockades,
collective measures under the UN
Charter, and war.
SOURCES:
Direct:
1. Constitutions
2. Codifications
1.
2.
3.
4.

Special Laws
Treaties and Conventions
Judicial Decisions
International Customs

Indirect:
1. Natural moral law
1.

Work of writers

TERMS:
Lex Domicilii law of the domicile; in conflicts, the law of ones domicile applied in the choice of
law questions
Lex Fori law of the forum; that is, the positive law of the state, country or jurisdiction of whose
judicial system of the court where the suit is brought or remedy is sought is an integral part.
Substantive rights are determined by the law where the action arose (lex loci) while the
procedural rights are governed by the law of the place of the forum (lex fori)
Lex Loci law of the place
Lex Loci Contractus the law of the place where the contract was made or law of the place
where the contract is to be governed (place of performance) which may or may not be the same
as that of the place where it was made
Lex Loci Rei Sitae law of the place where the thing or subject matter is situated; the title to
realty or question of real estate law can be affected only by the law of the place where it is
situated

Lex Situs law of the place where property is situated; the general rule is that lands and other
immovables are governed by the law of the state where they are situated
Lex Loci Actus law of the place where the act was done
Lex Loci Celebrationis law of the place where the contract is made
Lex Loci Solutionis law of the place of solution; the law of the place where payment or
performance of a contract is to be made
Lex Loci Delicti Commissi law of the place where the crime took place
Lex Mereatoria law merchant; commercial law; that system of laws which is adopted by all
commercial nations and constitute as part of the law of the land; part of common law
Lex Non Scripta the unwritten common law, which includes general and particular customs and
particular local laws
Lex Patriae national law
Renvoi Doctrine doctrine whereby a jural matter is presented which the conflict of laws rules of
the forum refer to a foreign law which in turn, refers the matter back to the law of the forum or a
third state. When reference is made back to the law of the forum, this is said to be remission
while reference to a third state is called transmission.
Nationality Theory by virtue of which the status and capacity of an individual are generally
governed by the law of his nationality. This is principally adopted in the RP
Domiciliary Theory in general, the status, condition, rights, obligations, & capacity of a person
should be governed by the law of his domicile.
Long Arm Statutes Statutes allowing the courts to exercise jurisdiction when there are minimum
contacts between the non-resident defendant and the forum.
WAYS OF DEALING WITH A CONFLICTS PROBLEM:
1.
Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
DOCTRINE OF FORUM NON CONVENIENS the forum is inconvenient; the ends of justice would be
best served by trial in another forum; the controversy may be more suitably tried elsewhere
1.
Assume jurisdiction and apply either the law of the forum or of another state
1.
i.
A specific law of the forum decrees that internal law should apply
1.
APPLY INTERNAL LAW forum law should be applied whenever there is good reason to do so;
there is a good reason when any one of the following factors is present:
Examples:

Article. 16 of the Civil Code real and personal property subject to the law of the country
where they are situated and testamentary succession governed by lex nationalii

Article 829 of the Civil Code makes revocation done outside Philippines valid according to law
of the place where will was made or lex domicilii

Article 819 of the Civil Code prohibits Filipinos from making joint wills even if valid in foreign
country
1.
ii. The proper foreign law was not properly pleaded and proved
NOTICE AND PROOF OF FOREIGN LAW

As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must be
pleaded and proved

Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:

(a) Dismiss the case for inability to establish cause of action

(b) Assume that the foreign law of the same as the law of the forum
(c) Apply the law of the forum
1.

The case falls under any of the exceptions to the application of foreign law

Exceptions to application of foreign law:

(a) The foreign law is contrary to the public policy of the forum
(b) The foreign law is procedural in nature
(c) The case involves issues related to property, real or personal (lex situs)
(d) The issue involved in the enforcement of foreign claim is fiscal or administrative
(e) The foreign law or judgment is contrary to good morals (contra bonos mores)
(f) The foreign law is penal in character
(g) When application of the foreign law may work undeniable injustice to the citizens of the
forum
(h) When application of the foreign law might endanger the vital interest of the state
2.

APPLY FOREIGN LAW when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT

1.
Theory of Comity foreign law is applied because of its convenience & because we want to
giveprotection to our citizens, residents, & transients in our land
2.
Theory of Vested Rights we seek to enforce not foreign law itself but the rights that have
been vested under such foreign law; an act done in another state may give rise to the existence
of a right if the laws of that state crated such right.
3.
Theory of Local Law adherents of this school of thought believe that we apply foreign law not
because it is foreign, but because our laws, by applying similar rules, require us to do so; hence,
it is as if the foreign law has become part & parcel of our local law
4.
Theory of Harmony of Laws theorists here insist that in many cases we have to apply the
foreign laws so that wherever a case is decided, that is, irrespective of the forum, the solution
should be approximately the same; thus, identical or similar solutions anywhere & everywhere.
When the goal is realized, there will be harmony of laws
5.
Theory of Justice the purpose of all laws, including Conflict of Laws, is the dispensing of
justice; if this can be attained in may cases applying the proper foreign law, we must do so
Rules on Status in General

Factual Situation

Point of Contact

Beginning of personality of natural

person

National law of the child (Article 15,

CC)

Ways & effects of emancipation

Same

Age of majority

Same

Use of names and surnames

Same

Use of titles of nobility

Same

Absence

Same

Presumptive death & survivorship

Lex fori (Article 43, 390, 391, CC;

Rule 131 5 [jj], Rules of Court)

Rules on Marriage as a Contract

FACTUAL SITUATION

Celebrate
d Abroad

Between Filipinos
Between Foreigners

POINT OF CONTACT

Lex loci celebrationis is without

prejudice to the exceptions under
Articles 25, 35 (1, 4, 5 & 6), 36, 37
& 38 of the Family Code (bigamous
& incestuous marriages) & consular
marriages
Lex loci celebrationis EXCEPT if
the marriage is:
1. Highly immoral (like
bigamous/ polygamous
marriages)
2. Universally considered

incestuous (between brothersister, and ascendantsdescendants)

Mixed

Apply 1 (b) to uphold validity of

marriage

Between Foreigners

National law (Article 21, FC)

PROVIDED the marriage is not
highly immoral or universally
considered incestuous)

Mixed

National law of Filipino (otherwise

public policy may be militated
against)

Marriage by proxy (NOTE: a

marriage by proxy is considered
celebrated where the proxy
appears

Lex loci celebrationis (with

prejudice to the foregoing rules)

Celebrate
d in RP

Rules on Marriage as a Status

FACTUAL SITUATION

POINT OF CONTACT

Personal rights & obligations between

husband & wife

National of husband(Note: Effect of

subsequent change of nationality:
1. If both will have a new
nationality the new one
2. If only one will change the
last common nationality
3. If no common nationality
nationality of husband at the
time of wedding)

Property relations bet husband & wife

National law of husband without

prejudice to what the CC provides
concerning REAL property located in
the RP (Article 80) (NOTE: Change of
nationality has NO EFFECT. This is
the DOCTRINE OF
IMMUTABILITY IN THE
MATRIMONIAL PROPERTY
REGIME)

Rules on Property

FACTUAL SITUATION

Real property

Exception
s

POINT OF CONTACT

Lex rei sitae (Article 16, CC)

Successional rights

National law of decedent (Article 16

par. 2, CC)

Capacity to succeed

National law of decedent (Article.

1039)

Contracts involving real property

which do not deal with the title
thereto

The law intended will be the proper

law of the contract (lex loci
voluntantis orlex loci intentionis)

Contracts where the real property is

given as security

The principal contract (usually loan)

is governed by the proper law oft the
contract (lex loci voluntatis or lex
loci intentionis)NOTE: the mortgage
itself is governed by lex rei sitae.
There is a possibility that the
principal contract is valid but the
mortgage is void; or it may be the
other way around. If the principal
contract is void, the mortgage will
also be void (for lack of proper cause
or consideration), although by itself,
the mortgage could have been valid.

Tangible personal property (choses in possession)

1

In General

Lex rei sitae (Article. 16, CC)

Exceptions: same as those for real

property

EXCEPTION: same as those for real

property EXCEPT that in the
example concerning mortgage, the
same must be changed to pledge of
personal property)

Means of Transportation

Vessels

Law of the flag (or in some cases,

place of registry)

Other means

Law of the depot (storage place for

supplies or resting place)

Things in transitu (these things have

a changing status because they move)

Loss, destruction, deterioration

Law of the destination (Article. 1753,

CC)

Validity & effect of the seizure of the

goods

Locus regit actum (where seized)

because said place is their
temporarysitus

Disposition or alienage of the goods

Lex loci volutantis or lex loci

intentionis because here there is a
contract

FACTUAL SITUATION

POINT OF CONTACT

INTangIBLE PERSONAL PROPERTY

(CHOSES IN ACTION)
1

Recovery of debts or involuntary

assignment of debts (garnishment)

Where debtor may be effectively

served with summons (usually the
domicile)

Voluntary assignment of debts

Lex loci voluntatis or lex loci

intentionis(proper law of the contract)

Other Theories:
1. National law of the debtor or creditor
2. Domicile of the debtor or creditor
3. Lex loci celebrationis
4. Lex loci solutionis
3

Taxation of debts

Domicile of creditor

Administration of debts

Lex situs of assets of the debtor (for

these assets can be held liable for the
debts)

Negotiability or non-negotiability of
an instrument

The right embodied in the instrument

(for example, in the case of a Swedish
bill of exchange, Swedish law

determines its negotiability)

6

Validity of transfer, delivery or

negotiation of the instrument

In general, situs of the instrument at

the time of transfer, delivery or
negotiation

Effect on a corporation of the sale of

corporate shares

Law of the place incorporation

Effect between the parties of the sale

of corporate shares

Lex loci voluntatis or lex loci

intentionis (proper law of the contract)
for this is really a contract; usually
this is the place where the certificate is
delivered)

Taxation on the dividends of corporate

shares

Law of the place of incorporation

Taxation on the income from the sale

of corporate shares

Law of the place where the sale was

consummated

Franchises

Law of the place that granted them

Goodwill of the business & taxation

thereto

Law of the place where the business is

carried on

Patents, copyrights, trademarks, trade

names

In the absence of a treaty, they are

protected only by the state that granted
themNOTE: foreigners may sue for
infringement of trademarks and trade
names in the RP ONLY IF Filipinos
are granted reciprocal concessions in
the state of the foreigners

1
0

11

1
2

1
3

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION

Extrinsic Validity of Wills

POINT OF CONTACT

Made by an alien abroad

Lex nationalii OR lex domicilii OR RP

law (Article 816, CC), OR lex loci
celebrationis(Article 17(1))

Made by a Filipino abroad

Lex nationalii OR lex loci

celebrationis(Article 815)

Made by an alien in the RP

Lex nationalii OR lex loci

celebrationis(Article 817)

FACTUAL SITUATION

POINT OF CONTACT

Extrinsic Validity of Joint Wills (made in

the same instrument)
1

Made by Filipinos abroad

Lex nationalii (void, even if valid

where made) (Article 819)

Made by aliens abroad

Valid if valid according to lex

domicilii orlex loci
celebrationis (Article 819)

Made by aliens in the RP

Lex loci celebrationis therefore void

even if apparently allowed by Article
817 because the prohibition on joint
wills is a clear expression of public
policy

Intrinsic Validity of Wills

Lex nationalii of the deceased

regardless of the LOCATION &
NATURE of the property (Article 16
(2))

Capacity to Succeed

Lex nationalii of the deceased not of

the heir (Article 1039)

Revocation of Wills
1

If done in the RP

Lex loci actus (of the revocation)

(Article. 829)

If done OUTSIDE the RP

1.

By a NON-DOMICILIARY

Lex loci celebrationis (of the making

of the will, NOT revocation), OR lex
domicilii(Article 829)

1.

By a DOMICILIARY of the RP

Lex domicilii (RP law) OR lex loci

actus (of the revocation) (Article 17)

Probate of Wills Made Abroad

If not yet probated abroad

Lex fori of the RP applies as to the

procedural aspects, i.e., the will must
be fully probated here & due execution
must be shown

If already probated abroad

Lex fori of the RP again applies as to

the procedural aspects; must also be
probated here, but instead of proving
due execution, generally it is enough to
ask for the enforcement here of the
foreign judgment on the probate abroad

Executors and Administrators

1

Where appointed

Place where domiciled at death or

incase of non-domiciliary, where assets
are found

Powers

Co-extensive with the qualifying of the

appointing court powers may only be
exercised within the territorial
jurisdiction of the court
concernedNOTE: these rules also apply
to principal, domiciliary, or ancillary
administrators & receivers even in nonsuccessive cases

Rules on Obligation and Contracts

FACTUAL SITUATION

Formal or Extrinsic Validity

Exceptions

POINT OF CONTACT

Lex loci celebrationis (Article 17 {1})

1.

Alienation & encumbrance of

property

1.

Consular contracts

Capacity of Contracting Parties

Lex situs (Article 16 [1])

Law of the RP (if made in RP
consulates)
National law (Article 15) without
prejudice to the case of Insular
Government v Frank 13 P 236, where
the SC adhered to the theory of lex loci
celebrationis

Exception
Alienation & encumbrance of property
Intrinsic validity (including interpretation of
the instruments, and amt. of damages for
breach)

Lex situs (Article 16 {1})

Proper law of the contract lex
contractus(in the broad sense),
meaning the lex voluntatis or lex loci
intentionis

Other Theories are:

1. Lex loci celebrationis (defect: this makes possible the evasion of the national
law)
2. Lex nationalii (defect: this may impede commercial transactions)
3. Lex loci solutionis (law of the place of performance) (defect: there may be
several places of performance
4. Prof Minors solution:
5. Perfection lex loci celebrationis
6. Cause or consideration lex loci considerations
7. Performance lex loci solutionis (defect: this theory combines the defect of the
others)
Rules on Torts
FACTUAL SITUATION

POINT OF CONTACT

Liability & damages for torts in

generalNOTE: The locus delicti (place of
commission of torts) is faced by the
problem of characterization. In civil law
countries, the locus delicti is generally
where the act began; in common law
countries, it is where the act first became
effective

Lex loci delicti (law of the place where

the delict was committed)NOTE: liability
for foreign torts may be enforced in the
RP if:
1. The tort is not penal in character
2. If the enforcement of the tortious
liability wont contravene our
public policy

3.

If our judicial machinery is

adequate for such enforcement

Rules on Crimes
FACTUAL SITUATION

Essential elements of a crime and penalties

POINT OF CONTACT

Generally where committed (locus

regit actum)

Theories as to what court has jurisdiction:

1. Territoriality theory where the crime was committed
2. Nationality theory country which the criminal is citizen or a subject
3. Real theory any state whose penal code has been violated has jurisdiction,
where the crime was committed inside or outside its territory
4. Protective theory any state whose national interests may be jeopardized has
jurisdiction so that it may protect itself
5. Cosmopolitan or universality theory state where the criminal is found or which
has his custody has jurisdiction
6. Passive personality theory the state of which the victim is a citizen or subject
has jurisdiction
NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2, RPC, stresses
the protective theory

The locus delicti of certain crimes

1

Frustrated an consummated, homicide,

murder, infanticide & parricide

Where the victim was injured (not

where the aggressor wielded his
weapon)

Attempted homicide, etc.

Where the intended victim was (not

where the aggressor was situated) so
long as the weapon or the bullet either
touched him or fell inside the territory
where he was

Bigamy

Where the illegal marriage was

performed

Theft & robbery

Where the property was unlawfully

taken from the victim (not the place to
which the criminal went after the
commission of the crime)

Estafa or swindling thru false

representation

Where the object of the crime was

received (not where the false
representations were made)

Conspiracy to commit treason,

rebellion, or seditionNOTE: Other
conspiracies are NOT penalized by our
laws

Where the conspiracy was formed (not

where the overt act of treason, rebellion
or sedition was committed)

Libel

Where published or circulated

Continuing crime

Any place where the offense begins,

exists or continues

Complex crime

Any place where any of the essential

elements of the crime took place

Rules on Juridical Persons

FACTUAL SITUATION

POINT OF CONTACT

Corporations

Powers and liabilities

3.

Formation of the corporation

(requisites); kind of stocks, transfer of

General rule: the law of the place of

incorporationEXCEPTIONS:
1. For constitutional purposes
even of the corporation was
incorporated in the RP, it is nor
deemed a Filipino corporation &
therefore cant acquire land,
exploit our natural resources, 7
operate public utilities unless
60% of capital if Filipino owned
2. For wartime purposes we
pierce the corporation veil & go
to the nationality of the
controlling stockholders to
determine if the corporation is
an enemy (CONTROL TEST)
Law of the place of incorporation

stocks to bind the corporation,

issuance, amount & legality &
dividends, powers & duties of
members, stockholders and officers

Validity of corporate acts & contracts

(including ultra vires acts)

Law of the place of incorporation &

law of the place of performance (the
act or contract must be authorized by
BOTH laws)

Right to sue & amenability to court

processes & suits against it

Lex fori

Manner & effect of dissolution

Law of the place of incorporation

provided that the public policy of the
forum is not militated against

Domicile

If not fixed by the law creating or

recognizing the corporation or by any
other provision the domicile is where
it is legal representation is established
or where it exercises its principal
functions (Article. 15)

Receivers (appointment & powers)

Principal receiver is appointed by the

courts of the state of incorporation;
ancillary receivers, by the courts of
any state where the corporation has
assets (authority is CO-EXTENSIVE)
w/ the authority of the appointing
court

NOTE: Theories on the personal and/or governing law of corporations:

1. Law of the place of incorporation (this is generally the RP rule)
2. Law of the place or center of management (center for administration or siege
social) (center office principle)
3. Law of the place of exploitation (exploitation centre or siege d exploitation)
Partnerships
The existence or non-existence of legal
personality of the firm; the capacity to
contract; liability of the firm & the
partners to 3 persons
rd

The personal law of the partnership,

i.e., the law of the place where it was
created (Article 15 of the Code of
Commerce) (Subject to the exceptions
given above as in the case of corps.)

Creation of branches in the RP;

validity & effect of the branches
commercial transaction; & the
jurisdiction of the court

RP law (law of the place where

branches were created) (Article 15,
Code of Commerce)

Dissolution, winding up, &

termination of branches in the RP

RP law (Article 15, Code of

Commerce)

Domicile

If not fixed by the law creating or

recognizing the partnership or by any
other provision the domicile is where
it is legal representation is established
or where it exercises its principal
functions (Article. 15)

Receivers

RP law insofar as the assets in the RP

are concerned can be exercised as such
only in the RP

Foundations (combination of capital

independent of individuals, usually not for
profit)

Personal law of the foundation (place

of principal center of administration)