LAND TITLES AND DEEDS

(LAW 216)
A. GENERAL CONSIDERATIONS
1. The Concept of Title
a. Modes of Acquisition of title
2. Certificate of Title
Castillo v. Escutin, GR 171056, 13 March 2009
3. Deeds
4. Laws Governing Land Registration
a. PD No. 1529. The Property Registration Decree
b. CA No.141. The Public Land Act
c. RA No. 8371. The Indigenous Peoples Rights Act
d. RA No. 10023. Issuance of Free Patents to Residential Lands
5. The Concept of Torrens System
Acosta v Salazar, GR 161034, 30 June 2009
6. Registration under the Torrens System
a. Registration is not a mode of Acquiring Ownership
Sec. 2, PD No. 1529
Lamsis v Dong-e, GR 173021, 20 October 2010
Heirs of Tanyag v Gabriel, GR 175763, 11 April 2012
7. Purpose of the Torrens System
Ingusan v Heirs of Aureliano Reyes, GR 142938, 28 August
2007
8. Registration is a proceeding In Rem
Sec. 2, PD No. 1529
Republic v Herbieto, GR 156117, 26 May 2005
Acosta v Salazar, GR 161034, 30 June 2009
Munoz v Yabut, GR 142676, 6 June 2011
9. The Regalian Doctrine

Sec. 2, Article XII, Constitution

Sec. 3, Article XII, Constitution
Republic v Medida, GR 195097, 13 August 2012

10. Classifications of public lands

a. Alienable and Disposable Land of the Public Domain
1) Agricultural land
2) Classification is the prerogative of the Executive Branch
Sections 6, 7, and 8, CA No. 141
3) Classification cannot be presumed
Republic v Naguiat, 479 SCRA 585
Republic v Medida, GR 195097, 13 August 2012
Aranda v Republic, GR 172331, 24 August 2011
Republic v Bantigue Point Devt Corp., GR 162322, 14
March 2012
4) Classification is descriptive of its legal status

b. Inalienable Property
Ituralde v Falcasantos, 301 S 293; Gordula v CA, 284 S 617
Director of Forestry v Villareal, 170 S 598
de Ocampo v Arlos, 343 S 716
Republic v CA, 432 S 593
Apex Mining v Southeast Mindanao Gold Mining, GR
152613, 20 Nov. 2009
Republic v AFP Retirement and Separation Benefits System,
GR 180463, 16 January 2013
Celestial v Cachopero, GR 142595, 15 Oct. 2003
Republic v Enciso, 474 S 700
vda. de Nazareno v CA, GR 98045, 26 June 1996
Art. 420 NCC
Arts. 423 & 424 NCC
12. Proceedings in Land Registration
a. Judicial Proceedings
1) Ordinary registration proceedings
2) Judicial confirmation of imperfect or incomplete title
3) Cadastral proceedings
b. Administrative Proceedings
1) Homestead patent
2) Free patent
3) Sales patent
4) Special patent
13. Jurisdiction over Land Registration Proceedings
Sec. 2, PD No. 1529
Sec. 34, BP 129 (Judiciary Reorganization Act of 1980, as
amended by RA 7691)
B. THE LAND REGISTRATION AUTHORITY
1. Functions of the LRA:
Sec. 6(2), PD No. 1529
2. Duty of Administrator to Issue Decree of Registration
Sec. 6(1), PD No. 1529
issues decree pursuant to final judgments of courts in land
registration proceedings
causes the issuance of certificate of title by the Register of
Deeds
issuance of decree is purely ministerial
3. The Register of Deeds
Sec. 6-10, PD No. 1529
one for each province or city
public repository of records of instruments affecting registered
or unregistered lands and chattel mortgages
register all instruments presented for registration dealing with
real or personal property which complies with all the requisites
for registration

function to register is ministerial in nature

4. Effect of Registration
Sec. 51, PD No. 1529
Sec. 52, PD No. 1529
registration does not add validity to the instrument nor
validate an otherwise void contract
C. ORIGINAL LAND REGISTRATION PROCEEDINGS
1. Procedure / Steps in Ordinary Registration Proceedings
under the PRD and in Confirmation of Imperfect or Incomplete
Title under CA 141
2. Who may apply?
a. Ordinary Registration Proceedings
Section 14, PRD
1) Those who have been in open, continuous, exclusive and
notorious possession and occupation of A&D land under bona
fide claim of ownership since 12 June 1945.
Republic v Naguit, GR No. 144057, 17 January 2005
Heirs of Mario Malabanan v Republic, GR No. 179987, 29
April 2009
Lim v Republic, GR No. 158630, 4 September 2009
2) Those who acquired ownership of private land by prescription
Article 1113, NCC
Articles 1134, 1137 & 1138, NCC
Article 540, NCC
Articles 421, 422, 423, 424, NCC
Tan v Republic, GR No. 193443, 16 April 2012
Lim v Republic, GR No. 158630, 4 September 2009
3) Those who acquired ownership of land by accession or
accretion
Article 440, NCC
Article 457, NCC (alluvium)
Article 84, Spanish Law of Waters of 1866
Article 462, NCC, in relation to Article 58, Water Code
(abandoned river bed)
Article 465, NCC (islands formed in non-navigable rivers)
Republic v Santos, GR No. 160453, 12 November 2012
Bagaipo v CA, GR No. 116290, 8 December 2000
Heirs of Emiliano Navarro v IAC, GR No. 68166, 12 February
1997
Vda. De Nazareno v CA, GR No. 98045, 26 June 1996
Jagualing v CA, GR No. 94283, 4 March 1991
4) Those who acquired ownership of land in any other manner
provided for by law
Grant through statute or executive act
Article 712, NCC

b. Judicial Confirmation of Imperfect or Incomplete Title

Section 48 (b), CA No. 141
RA No. 1942
PD No. 1073 (25 January 1977)
RA No. 9176
Del Rosario-Igbeten v Republic, GR No. 158449, 22 October
2004
Republic v Espinosa, GR No. 171514, 18 July 2012
c. Former Natural-Born Filipinos as Applicants
Sections 7 and 8, Article XII, 1987 Constitution
Section 10, RA 7042, as amended (Foreign Investment Act
of 1991)
d. Juridical Persons / Private Corporations as Applicants
Section 3, Art. XII, 1987 Constitution
Republic v T.A.N. Properties, GR No. 154953, 26 June 2008
Chavez v PEA and AMARI, GR No. 133250, 9 July 2006 and 6
May 2003
Director of Lands v IAC and ACME, 146 SCRA 509
e. Non-Resident Applicants
Section 16, PRD
f. Applicant for registration when:
1) Land is under co-ownership - Articles 484 & 493, NCC
2) Land is sold under pacto de retro - Articles 1601, 1606 &
1607, NCC
3) Land is under the management of a trustee - Articles 1440 &
1441, NCC
4) Land is subject of real estate mortgage or subject of
antichresis
3. Venue of Proceedings
Section 17, PRD
City of Dumaguete v Philippine Ports Authority, GR No.
168973, 24 August 2011
4. The Survey Plan (Tracing Cloth Plan)
Section 17, PRD
Presidential Decree No. 239
UP v Rosario, GR No. 136965,28 March 2001
Republic v Guinto-Aldana, GR No. 175578, 11 August 2010
Republic v Espinosa, GR No. 171514, 18 July 2012
Republic v Santos, GR No. 160453, 12 November 2012
5. Form and Contents of the Application for Registration
Section 15, PRD
Manual of Instructions to be Observed by Clerks of Court of
Regional Trial Courts in Ordinary and Cadastral Land
Registration Cases LRA issuance, 20 February 1991
Section 18, PRD
Section 19, PRD
6. Notice of Initial Hearing

Section 23, PRD

Republic v Bantigue Point Devt Corp., GR 162322, 14
March 2012
Fieldman Agricultural Trading Corp. v Republic, GR No.
147359, 28 March 2008
Republic v Herbieto, GR 156117, 26 May 2005

7. Publication
a. Publication of notice of initial hearing by LRA
b. Official Gazette and newspaper of general circulation
c. Need of re-publication; 2nd paragraph, Section 19, PRD
d. Effect of non-publication or defective publication
Section 23, PRD
Republic v CA and Ribaya, GR No. 113549, 5 July 1995
Benin v Tuason, GR No. L-26127, 28 June 1974
De Luzurriaga v Republic, GR No. 168848, 20 June 2009
8. Mailing and Posting of Notice of Initial Hearing
a. Effect of lack of personal notice
Section 23, PRD
Section 24, PRD
9. Filing of Opposition by any Interested Person
a. Effect of failure of the Republic to file any opposition or answer to
the application
Section 25, PRD
Republic v Heirs of EvaristoTiotio-en, GR No. 167215, 8
October 2008
10. Issuance of Order of Default
Section 26, PRD
Party in default may appeal judgment
Martinez v Republic, GR No. 160895, 30 October 2006
Vergel v CA and Gonzales, GR No. 125154, 28 September
2001
11. Hearing and Judgment
Section 27, PRD
Burden of proof is on applicant to overcome presumption of
State ownership
Applicant must prove his claim even in the absence of
opposition
Section 30, PRD
Section 39, PRD
Judgment becomes final upon expiration of fifteen (15) days
from receipt of notice of judgment if no MR or appeal is filed
If judgment appealed, prevailing party cannot move for
execution pending appeal
12. Decree of Registration and Original Certificate of Title
Sections 30, 31, and 39, PRD
Section 40 and 41, PRD

Section 32, PRD court continues to retain control of the

case until the expiration of one (1) years after the entry of
decree of registration by the LRA

D. ATTRIBUTES / LIMITATIONS OF CERTIFICATE OF TITLE

1. Merely confirms a pre-existing title
2. Presumed valid and devoid of flaws
Cusi v Domingo, GR No. 195825, 27 February 2013
3. Free from liens and encumbrances, with certain exceptions
Section 44, PRD
4. Incontrovertible and indefeasible
Section 32, PRD
Sampacu v Lantud, GR No. 163551, 18 July 2011
De Guzman v Agbagala, GR No. 163566, 19 February 2008
5. Not subject to collateral attack
Section 48, PRD
Firaza v Ugay, GR No. 165838, 3 April 2013
Casimiro Development Corp v Mateo, G.R. No. 175485, 27
July 2011
Sampacu v Lantud, GR No. 163551, 18 July 2011
6. Imprescriptible
Section 47, PRD
Nieto v Municipality of Meycauayan, GR No. 150654, 13
December 2007
Heirs of Alejandra Delfin v Rabadon, GR No. 165014, 31 July
2013
7. General Incidents of Registered Land
Section 46, PRD
E. REMEDIES OF AN AGGRIEVED PARTY
1. New trial or reconsideration
Rule 37, Rules of Court
2. Appeal
Rule 41, Rules of Court
Notice of appeal within 15 days from notice of judgment
Martinez v Republic, GR No. 160895, 30 October 2006
3. Relief from judgment
Rule 38, Rules of Court
on the ground of FAME
accompanied with affidavit showing FAME
within 60 days from knowledge but not more than 6 months
from entry
4. Petition for review
Section 32, PRD

Heirs of Maximo Labanon v Heirs of Constancio Labanon,

GR No. 160711, 14 August 2004
Tichango v Enriquez, GR 150629, 30 June 2004

5. Quieting of title
Articles 476-481, New Civil Code
6. Cancellation
two different certificates of title over same land
certificate covers non-registrable property
certificate issued before finality of judgment
certificate issued to a person who has no claim or did not
apply for registration
7. Reconveyance
Torbela v Rosario, GR 140528, 7 Dec 2011
Lorzano v Tabayag, Jr., GR No. 189647m 6 February 2012
8. Reversion
Yujuico v Republic, GR No. 168661, 26 October 2007
9. Damages
10 years from issuance of title
10. Compensation from Assurance Fund
Sections 93-102, PRD
6 years
11. Criminal action for falsification or perjury
F. SUBSEQUENT REGISTRATION
1. Voluntary Dealings with Registered Land
Sections 51-56, PRD
a. Conveyances and Transfers
Sections 51-56, PRD
b. Mortgages and Leases
Sections 60-63, PRD
c. Powers of Attorney and Trusts
Sections 64-68, PRD
2. Involuntary Dealings
Sections 69-77, PRD
3. Registration of Judgments, Orders and Partition
Sections 78-92, PRD
G. PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION
Sections 107-110, PRD
H. CADASTRAL REGISTRATION PROCEEDINGS
Sections 35-38, PRD
1. Involuntary proceedings in the sense that the initiative in the filing of
the petition for registration is by the government

2. Claimants are compelled to go to court to make known their claim or

interest
3. Procedure
a. Issuance by the President of directive for the conduct of cadastral
survey
b. Giving and publication of notice of survey
c. Filing of petition for registration
d. Publication of the application for registration and notice of initial
hearing
e. Filing of answer
f. Hearing of the petition
g. Issuance of judgment
I. REGISTRATION UNDER THE INDIGENOUS PEOPLES RIGHTS ACT
OF 1997 (RA No. 8371, 29 October 1997)
Cruz v SENR, GR No. 135385, 6 December 2000
1. Ancestral Domain
Sec. 3a IPRA
2. Ancestral Lands
Sec. 3b IPRA
3. Native Title
Sec. 3e IPRA
4. Delineation and Recognition of Ancestral Domains
Sec. 51, 52, 56 IPRA
a. Filing of Petition for Delineation
b. Delineation Proper
c. Preparation of Maps by ADO
d. Preparation of Investigation Report by ADO
e. Notice and Publication
f. Endorsement by ADO of its Report to the NCIP with favorable
recommendation
g. Issuance of Certificate of Ancestral Domain Title (CADT) by NCIP
h. Registration of CADT with the Register of Deeds
5. Identification, Delineation, & Certification of Ancestral Lands
Sec. 53, IPRA
Sec. 8, IPRA
a. Filing of application for identification and delineation with the
ADO
b. Publication of application and a copy of each document submitted
c. Investigation and inspection
d. Survey of area claimed
e. Preparation and submission of report to NCIP
f. Issuance of Certificate of Ancestral Land Title (CALT) by NCIP
g. Registration of CALT with the Register of Deeds
6. Option to Secure Certificate of Title over Ancestral Land under CA
No. 141 or PD No. 1529
Sec. 12, PRD
J. LAND PATENTS
1. Homestead Patents

a.
b.
c.
d.
e.
f.
g.
h.
i.

Sections 12-21, CA No. 141

Qualifications of applicant
Approval of application by LMS Director
Cultivation of at least 1/5 of the land not less than 1 year but not
more 5 years from approval of application
Residency requirement for at least 1 year in the municipality
where land is situated, or in the adjoining municipality
Prohibition against conveying or encumbering the land or part
thereof
Final proof of compliance of all requirements
Issuance of patent
Grounds for cancellation of permission to enter land applied for
Transfer of homestead rights due to inability of homesteader to
continue without his fault

2. Sales Patents
Sections 22-32, CA No. 141
a. Qualifications of applicant/purchaser
b. Area not to exceed 12 hectares
c. Sale through sealed bidding
d. Award to highest bidder; applicant may equal highest bidder
e. Purchase price may be paid in full or in ten equal annual
installments
f. Awardee must cultivate not less than 1/5 of the land within 5
years from date of award
g. For patent to be issued, awardee must have actual occupancy,
cultivation and improvement of at least 1/5 of the land until date
of final payment
h. Awardee may convey or encumber his rights to any qualified
person with the approval of the SENR
3. Lease
Sections 33- 43, CA No. 141
Section 3, 1987 Constitution
a. Qualification of lessee (natural and juridical person)
b. Award through bidding; sealed bids; highest bidder
c. Maximum area of land; Filipino citizen 500 hectares; corporation
1,000 hectares
d. Period not more than 25 years, renewable for another 25 years
e. Lessee must have not less than 1/3 of the land broken and
cultivated within 5 years from date of approval of lease
f. If land is devoted to pasture, lessee shall graze as many heads of
cattle as will occupy at least of the land at the rate of 1 head
per hectare
g. Lessee prohibited from assigning, encumbering or subletting his
rights without the consent of the SENR; violation renders contract
void
4. Free Patents
Sections 44-46, CA No. 141
a. Qualifications of applicant
b. Requisite on the period and character of possession
c. Publication of application in the municipality and barangay where
land is located
d. Republic v Heirs of Alejaga, GR No. 146030, 3 December 2002
5. Free Patents

R.A. No. 10023 (9 March 2010)

6. Special Patents
7. Registration of Patents with the Register of Deeds
Section 103, PRD
a. Patents or grant shall not take effect as a conveyance or bind the
land but shall operate only as a contract between the government
and the grantee;
b. It is the act of registration which conveys or affects the land and
binds third persons
8. Restrictions on Alienation and Encumbrance of lands
Acquired through Homestead and Free Patents
Sections 118-124, CA No. 141
Filinvest Land v Backy, GR No. 174715, 11 October 2012
Abelgas v Comia, GR No. 163125, 18 April 2012
Binayug v Ugaddan, GR No. 181623, 5 December 2012
Flores v Bagaoisan, GR No. 173365, 15 April 2010
Metropolitan Bank v Viray, GR No. 162218, 25 February
2010
Kings Properties v Galido, GR No. 170023, 27 November
2009