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Land Titles PDF
Land Titles PDF
Civil Law
SUMMER REVIEWER
LAND TITLES
LAND TITLE is the evidence of the owners right or
extent of interest, by which he can maintain control
and as a rule assert right to exclusive possession and
enjoyment of property.
DEED is the instrument in writing by 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.
LAND REGISTRATION is a judicial or administrative
proceeding whereby a persons claim over a
particular land is determined and confirmed or
recognized so that such land and the ownership
thereof may be recorded in a public registry.
TORRENS SYSTEM is a system for registration of
land under which, upon the landowners application,
the court may, after appropriate proceedings, direct
the issuance of a certificate of title.
Legarda v. Saleeby, 31 Phil 590 (1915)
PURPOSES: QUIP-CC
1. To quiet title to the land and to stop forever any
question as to the legality of said title
2. To relieve the land of unknown claims
3. To guarantee the integrity of land titles and to
protect their indefeasibility once the claim of
ownership is established and recognized
4. To give every registered owner complete
peace of mind
5. To issue a certificate of title to the owner which
shall be the best evidence of his ownership of
the land
6. To avoid conflicts of title in and to real estate
and to facilitate transactions.
Capitol Subdivision, Inc. v. Province of Negros
Occidental, 7 SCRA 60 (1963)
The registration of property is to: (1) avoid possible
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facilitate transactions
thereto by giving the
public the right to rely upon the face of the Torrens
certificate of title and to dispense with the need of
inquiring further, EXCEPT when the party concerned
has actual knowledge of facts and circumstances that
should impel a reasonably cautious man to make
such further inquiry.
Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie
Tajan, John Paul Lim; Subject Head: Shelly Lim; Pledgees: Nicole Batingana, Timothy Joseph Lumauig
3. Accretion
4. Reclamation
5. Voluntary
Transfer
6. Involuntary
Alienation
7. Descent or
Devise
8. Emancipation
Patent/Grant
(Certificate of Land
Ownership Award)
i.
ii.
6.
7.
8.
9.
10.
11.
12.
13.
If transaction is AFTER
Issuance of Decree
Register directly with
ROD for purpose of
canceling such title
and issuing a TCT
SPECIAL DEFAULT
When a party appears at
initial hearing without
having filed an answer and
asks court for time to file
answer but failed to do so
within period allowed
HELD:
YES. It is clear from the law itself that those who
applied for judicial confirmation of their title at
any time prior to the cut-off date of December 31,
FACTS:
Rodriguez is claiming to be the sole heir and
administrator of the estate of Hermogenes Rodriguez
who, in his lifetime, was the owner of parcels of land
registered in his name under a Spanish title.
Rodriguez leased the parcels of land to Santiago and
Mateo for a period of 50 years. By virtue of the
lease, Santiago is presently occupying the land.
SBMA, on the other hand, is claiming possessory, if
not proprietary, rights over the parcels of land, by
using them for its own commercial and other
purposes.
ISSUE:
Whether or not Spanish Titles are still admissible as
evidence of ownership of lands
HELD:
No.
Although PD 892 reads: Whereas, Spanish titles to
lands which have not yet been brought under the
operation of the Torrens system, being subject to
prescription, are now ineffective to prove ownership
unless
accompanied
by
proof
of
actual
possession, petitioners cannot claim that they can
still present the Spanish title as proof of ownership
since they were in actual possession.
Actual proof of possession only becomes necessary
because Spanish titles are subject to prescription.
The holder of a Spanish title may still lose his
ownership of the real property to the occupant who
actually possesses the same for the required
prescriptive period.
Because of this inherent
weakness, the applicant for registration of his
Spanish title under the Torrens system must also
submit proof that he is in actual possession of the
real property by virtue of prescription. Taking the
law as a whole, it has clearly set a deadline for
the filing of applications for registration of ALL
Spanish titles under the Torrens system (i.e., 6
months from its effectivity or on 14 August 1976),
after which, the Spanish titles may no longer be
presented to prove ownership. Therefore, the
fact that petitioners were in actual possession of
the property when they filed the complaint with
the RTC on April 29, 1996 does not exclude them
from the application of PD 892, and their Spanish
title remain inadmissible as evidence of their
ownership of the property, whether in a land
registration proceeding or in an action to remove
a cloud on or to quiet title. However, this does
not bar holders of Spanish titles from claiming
ownership of real property on some other basis,
such as those provided in PD 1529 or in the
Public Land Act. For sure, Spanish titles can no
Page 278 of 297
FACTS:
Remigia Feliciano filed a complaint against the
spouses Zaldivar for the declaration of nullity of
TCT No. T-17993 and reconveyance of the
property covered therein. The said title is registered
in the name of Aurelio Zaldivar.
Remigia alleged that she was the registered owner
of a lot, part of which is that covered by both the
above TCT and TCT No. 8502. It was originally
leased to Pio Dalman, Aurelios father-in-law. She
attempted to mortgage the lot to Ignacio Gil, but the
mortgage did not push through. She vehemently
denies ever executing a joint affidavit confirming
the sale to Gil and insists that TCT No. 8502 was
never lost.
The Zaldivars, on the other hand, claimed that
Aurelio bought the property from Dalman who, in
turn, bought the same from Gil in 1951. Gil
allegedly purchased the property from Remegia,
the sale of which was evidenced by the joint
affidavit of confirmation of sale that Remegia and
her uncle purportedly executed before a notary
public in 1965. Aurelio then filed a petition for the
issuance of a new owners duplicate copy of TCT
No. T-8502 because when they asked Remegia
about it, she claimed it had been lost. A petition for
partial cancellation of the said TCT was granted
and TCT No. 17993 was issued in Aurelios name.
They also allege that they and their predecessorsin-interest have been occupying the said property
since 1947, openly, publicly, adversely, and
continuously or for 41 years already.
ISSUE:
Who is the real owner of the subject lot?
HELD:
Remegia is the real owner.
With respect to the claim of acquisitive
prescription, it is baseless when the land
involved is a registered land since no title to
registered land in derogation of that of the
registered owner shall be acquired by adverse
possession. Consequently, proof of possession
by the Zaldivars is both immaterial and
inconsequential.
Neither can the spouses rely on the principle of
indefeasibility of TCT No. 17993 by virtue of the
fact that TCT No. 8502 in the name of Remegia
has remained valid. Remegias title, thus,
prevails over Aurelios, especially considering
that the latter was correctly nullified by the RTC
Page 280 of 297
Sale
Real property mortgage
Lease
Pacto de retro sale
Extra-judicial settlement
Free patent/homestead
Powers of attorney
Trusts
An innocent purchaser for
value of registered land
becomes the registered
owner the moment he
presents and files a duly
notarized and valid deed
of sale and the same is
entered in the day book
and at the same time he
surrenders or presents
the owners duplicate
certificate of title covering
the land sold and pays
the registration fees
Need to present title to
record the deed in registry
& to make memorandum
on title
No presentation
required; annotation in
entry book is sufficient
VOLUNTARY DEALINGS
Operative Act: registration by owner, if deed is not
registered, it is binding only between parties
GENERAL RULE: Where there is nothing on
the certificate of title to indicate any cloud or
vice in the ownership of the property, or any
encumbrance thereon, the purchaser is not
required to explore further than what the
Torrens title upon its face indicates in quest for
any hidden defect or inchoate right that may
defeat his right thereto (Fule v. Legare, 7
SCRA 351 [1963]).
Every person dealing with registered land may
safely rely on the correctness of the certificate
of title issued therefore and the law will in no
way oblige him to go behind the certificate to
determine the condition of the property. Even if
a decree in a registration proceeding is infected
with nullity, still, an innocent purchaser for
value relying on a Torrens title issued in
pursuance thereof is protected (Cruz v. CA &
Suzara, 281 SCRA 491 [1997]).
Although generally a forged or fraudulent deed
is a nullity and conveys no title, however, there
are instances where such a fraudulent
document may become the root of a valid title.
Page 282 of 297
(public instrument)
2. Registration with ROD where the land lies
a. Present deed of mortgage together with
b. Owners Duplicate and affidavit of good
faith
c. Payment of fees
d. ROD shall enter upon original certificate of
title and upon duplicate a memorandum
(date, time of filing, signature, file number
assigned to deed)
e. ROD to note on the deed the date and time
of filing, and reference to volume and page
of the registration book in which it was
registered
3. No duplicate need be issued
REGISTRATION OF CHATTEL MORTGAGE:
1. Execution of document
2. Present the document together with affidavit of
good faith
3. Payment of fees
4. ROD enters in Day Book in strict order of their
presentation chattel mortgages and other
instruments relating thereto (primary process)
5. ROD 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 that attaches to the property in
favor of the mortgagee
2. Constructive notice of his interest in the
property to the whole world
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 and not a chattel mortgage (if no
chattel mortgage deed executed)
Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH:
Statement that:
1. Mortgage is made to secure obligation
specified
2. That it is a valid and just obligation
3. That it is not entered into for purposes of
fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD
FAITH:
Vitiates mortgage as against creditors and
subsequent encumbrancers
Mortgage is not valid as between parties
Page 283 of 297
REGISTRATION OF LEASE
It is the lessee, not the lessor, who is required
to initiate the registration.
1. File with ROD the instrument creating lease
together with owners duplicate of certificate of
title
2. ROD to register by way of memorandum upon
certificate of title
3. No new certificate shall be issued
NOTE: When there is 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 it is not registered, it is valid as between parties
but not to 3rd persons without notice
MAY ALIENS REGISTER LEASE? YES
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
REGISTRATION OF TRUST
1. Implied Trust: present a sworn statement
claiming interest by reason of an implied trust
with description of land and reference to the
number of certificate shall be registered in
ROD
2. Express Trust: instrument creating the trust
does not prohibit registration
REGISTRATION OF APPOINTED TRUSTEE BY
COURT
Certified copy of decree shall be presented to
ROD and surrender duplicate certificate
Cancel duplicate & new certificate shall be
entered by ROD
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INVOLUNTARY DEALINGS:
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Transactions areaffecting
which
land
in
cooperation of registered owner is not needed,
or even against his will
1. 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:
a. Preliminary
b. Garnishment
c. 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 ROD where land lies, containing
number of certificate of title of land to be
affected or description of land
2. ROD to index attachment in names of both
plaintiff and defendant or name of person for
whom property is held or in whose name
stands in the records
3. If duplicate of certificate of title is not
presented:
a. ROD shall, within 36 hours, send notice to
registered owner by mail stating that there
has been registration and request him to
produce duplicate so that memorandum
may be made
b. If the owner neglects or refuses to comply,
the ROD shall report the matter to the court
c. The court, after notice, shall enter an order
to owner to surrender certificate at the time
and place named therein
4. Although notice of attachment is not noted in
duplicate, notation in book of entry of ROD
produces the effect of registration already.
EFFECTS OF REGISTRATION OF ATTACHMENT:
REEA
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 it is not registered, actual knowledge is the
same as registration
2. EXECUTION SALE
To enforce a lien of any description on
registered land, any execution or affidavit to
enforce such lien shall be filed with ROD
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
a. TAX SALE
Sale of land for collection of delinquent
taxes and penalties due the government
Page 284 of 297
PROCEDURE: NN-CP-PAHD-DI
1. Notice of cadastral survey published once in
OG and posted in conspicuous place with a
copy furnished to the mayor and barangay
captain
2. Notice of date of survey by the Bureau of Land
Management and posting in bulletin board of
the municipal building of the municipality or
barrio, and he shall mark the boundaries of the
lands by monuments set-up in proper places
thereon
3. Cadastral survey
4. Filing of petition
5. Publication (twice in successive issues of OG),
mailing, posting
6. Filing of answer
7. Hearing of the case
8. Decision
9. Issuance of the decree and certificate of title
NOTE: The cadastral court is not limited to mere
adjudication of ownership in favor of one or more
claimants. If there are no successful claimants, the
property is declared public land. Additionally, while
the court has no jurisdiction to adjudicate lands
already covered by a Certificate of Title, it is
nonetheless true that this rule only applies where
there exists no serious controversy as to the
certificates authenticity vis--vis the land covered
therein (Republic v. Vera, 120 SCRA 210 [1983]).
Nature
Applicant
Lands covered
Parties
PD 1529
Voluntary
Landowner
Cadastral
Compulsory
Director of
Lands
all classes of
lands are
included
usually
involves private
land
it may also
refer to public
agricultural
lands if the
object
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confirmation of
an imperfect title
Applicant and
Government,
opponent
Landowners
must come to
court as
claimants of
their own lands
Purpose
Person who
requests the
survey
Effect
of
judgment
Petitioner
comes to court
to confirm his
title and seeks
the registration
of the land in his
name
Landowner
Government
asks the court to
settle and
adjudicate the
title of the land
no adverse
claim
if the applicant
fails to prove his
title, his
application may
be dismissed
without
prejudice (no
res judicata)
if none of the
applicants can
prove that he is
entitled to the
land, the same
shall be
declared public
(res judicata)
Government
PATENTS
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
The classification is the exclusive prerogative
of executive and not by judiciary
Anyone who applies for confirmation of
imperfect title has the 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:
a. Agricultural
b. Residential, commercial, industrial
c. Educational, charitable
d. Town sites and for public and quasipublic uses
2. Timber lands: inalienable
3. Mineral lands: inalienable
If patent or title is issued, it is void ab
initio for lack of jurisdiction
It is not subject to acquisitive prescription
even if in possession for long time, it will
not ripen into ownership
Except: mineral lands and forest lands
acquired
before
inauguration
of
Commonwealth in November 15, 1935
because there are vested rights which
are protected
Page 287 of 297
FREE PATENT
TO WHOM
GRANTED
To any
Filipino
citizen over
the age of 18
years or
head of a
family
To any
natural born
citizen of the
Philippines
(filing ended
Dec. 31,
2000)
REQUIREMENTS
does not own
more than 12
hectares of land in
the Philippines or
has not had the
benefit of any
gratuitous
allotment of more
than 12 hectares
must have
resided
continuously for at
least 1 year in the
municipality where
the land is situated
must have
cultivated at least
1/5 of the land
applied for
does not own
more than 12
hectares of land
has continuously
occupied and
cultivated, either
by himself or his
predecessors-ininterest, tracts of
disposable
agricultural public
land for at least 30
years prior to
March 28,1990
paid real property
taxes on the
property while the
same has not
been occupied by
any person
grant will be
limited to 12
hectares only
Citizens of
the
Philippines of
lawful age or
head of the
family may
purchase
public
agricultural
land of not
more than 12
hectares
to have at least
1/5 of the land
broken and
cultivated within 5
years from the
date of the award
(public auction)
shall have
established actual
occupancy,
cultivation, and
improvement of at
least 1/5 of the
land until the date
of such final
payment
for agricultural
lands suitable for
residential,
commercial or
industrial
purposes, patent
is issued only
after:
1.) full payment of
purchase price,
and
2.) completion of
the construction of
permanent
improvements
appropriate for
purpose for which
the land is
purchased (must
be completed
within 18 months
from date of
award)
To any
does not own a
citizen of
home lot in the
legal age for
municipality in
residential
which he resides
purposes
in good faith,
established his
residence on a
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domain not
needed for public
service
not more than
1000 sq. m.
occupant must
have constructed
his house on the
land and actually
SPECIAL
PATENT
To NonChristian
Filipinos
under the
Public Land
Act
resided therein
no public auction
required
not subject to
any restriction
against
encumbrance or
alienation
Secretary of the
DILG shall certify
that the majority of
the non-Christian
inhabitants of any
given reservation
have advanced
sufficiently in
civilization
CANCELLATION
SUITS
ANNULMENT OF
JUDGMENT
REVERSION SUIT
entry or memorandum in
the registration book
d. There was no negligence
on his part
e. He is barred or precluded
under the provisions of PD
1529 or under the
provisions of any law from
bringing an action for the
recovery of such land or the
estate or interest therein;
f. The action has not
prescribed: must be
instituted within a period of
6 years from the time the
right to bring such action
first occurred-which is the
date of issue of the
certificate of title
g. Execution first against
person responsible for
fraud; if insolvent, against
national treasury
Where 2 certificates are
issued to different persons
covering the same land, the
title earlier in date must
prevail, unless procured by
fraud or is jurisdictionally
flawed
The later title should be
declared null and void and
ordered cancelled
It is the aggrieved party that
institutes the action
In case of non-registered
land, must be filed by the
OSG for cancellation of title
or reversion to State
Voiding or cancellation of
OCT does not affect
derivative TCTs if their
holders not given
opportunity to be heard and
defend their title
May only be availed of
when the ordinary remedies
of new trial, petition for
relief, or other appropriate
remedies are no longer
available through no fault of
the petitioner (Linzag v.
CA, 291 SCRA 304
[1998]).
The objective is the
Page 291 of 297
QUIETING OF TITLE
cancellation of the
certificate of title and the
consequential reversion of
the land covered in the land
grant to the State
GROUNDS:
a. Violation of Sections
118, 120, 121 and 122
of the Public Land Act
(ex. alienation or sale of
homestead executed
within the 5 year
prohibitory period)
b. When land patented
and titled is not capable
of registration
c. Failure of the grantee to
comply with conditions
imposed by law to
entitle him to a patent or
grant
d. When area is an
expanded area
e. When the land is
acquired in violation of
the Constitution (e.g.
land acquired by an
alien)
Indefeasibility of title,
prescription, laches, and
estoppel do not bar
reversion suits
Brought to remove clouds
on the title to real property
or any interest therein, by
reason of any instrument,
record, claim,
encumbrance, or
proceeding which is
apparently valid or effective
but is in truth and in fact
invalid, effective, voidable
or unenforceable, and may
be prejudicial to said title
(Art. 476, Civil Code)
An ordinary civil remedy
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owner, a person who has
an equitable right or
interest in the property may
likewise file such action
(Mamadsul v. Moson, 190
SCRA 82 [1990])
Imprescriptible if plaintiff is
in possession; if not, must
CRIMINAL ACTION
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
It is 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 the ROD based
on assessed value of land as a contribution to
the assurance fund
If there is yet no assessment, a sworn
declaration of 2 disinterested persons on the
value of the land, subject to determination by
court, is required.
Money shall be in the custody of the National
Treasurer who shall invest it until principal plus
interest aggregates to 500,000. The excess
shall be paid to the Assurance Fund and be
included in the 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
Page 292 of 297
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. Action prescribes in 6 years from time
plaintiff actually suffered loss
3. If plaintiff is minor, insane or imprisoned, he
a
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PETITIONS AND MOTIONS AFTER ORIGINAL
REGISTRATION:
1. LOST DUPLICATE CERTIFICATE
Sworn statement that certificate is lost to
be filed by person in interest with ROD
Petition to court for the issuance of new
title
After notice and hearing, the court is to
order issuance of new title with
memorandum that it is issued in place of
lost certificate (duplicate)
If false statement, he can be charged with
the complex crime of estafa through
falsification of public document
FOR
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