LTD Justice Agcaolili
b. Official Gazette
Presidential Decree no. 1529: Property Registration Decree
- Law amending codifying the laws relative to registration of
property and for other purposes
Regalian Doctrine
- Article XII, Sec. 2. All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall
not be alienated.
Torrens system [PRELIM]
- It is a system of land registration, in which a register of land
holdings maintained by the state guarantees an
indefeasible title to those included in the register
- Land ownership is transferred through registration of title instead
of using deeds
- Its main purpose is to simplify land transactions and to certify to
the ownership of an absolute title to realty.
- Indefeasible once established
Chapter 1 General Provisions
Nature of Registration Proceeding
- In Rem, based on the generally accepted principles underlying the
Torrens System
- The mere fact that the title is transcribed in Register of Deed, the
registration equates to ownership despite absence of deed
- The judgement is binding upon him
Court of First Instance
- Jurisdiction over all applications for original registration of tiles to
lands. Includes:
o Improvements
o Interests
o Petitions filed after original registration of title
- Has the power to hear and determine all questions arising upon
such applications or petitions
Note: First Level Courts may be assigned by the SC to determine cadastral or
land registration cases, on these occasions
- No opposition, no controversy
- Value does not exceed P 100,000
- Appeal is taken to the CA*
o Because remanding the case to MTC is considered an
exercise of duty conferred by RTC to MTC
Republic vs Bantigue GR 162322 CJ Sereno
Facts
- Application for registration over Lot 8060 with assessed value of
P14,920
- RTC remanded the case to the MTC based on assessed value
- Republic appealed since selling price declared was P160,000
Issue:
- Did MTC acquire jurisdiction over the case?
Held
- Yes, the value is determined, not from selling price but from the tac
declaration
Note: Section 34 of BP Blg 129: provides the specific instances when first level
courts may Exercise their Delegated Jurisdiction
Modes how a Competent Court Acquires Jurisdiction of Case
1. Publication
a. General circulation publication newspaper
Paolo Benedicto S. Acosta III, RPh, MD
UST Faculty of Civil Law
c. Circulated within Philippines
2. Notice
a. On the land of question and in the City Hall bulletin
Board
3. Mailing of Notice
a. Notice to known owner or occupants
How to Ascertain Property:
1. Affidavit of claimant
2. Agreement of the respective claimants (if more than one)
3. Corresponding tax declaration of the real property
Land Registration Authority
Functions
- Issues Decrees of Registration most important duty
o Ministerial: acts under the order of the court and in
conformity with the decision of the court (Gomez vs CA)
Note: ceases to be ministerial if it would
result to double titling (Angels vs SOJ)
- Resolves cases elevated en consulta
o
- Exercises supervision and control over all clerks of court in relation
to land registration
- Implements orders or decisions of registration courts
- Verifies and Approves subdivision and consolidation survey plans
- Extends assistance to the DAR in implementing Land Reform
Programs
- Extends assistance to registration courts in ordinary and cadastral
registration cases
- Acts as repository of records relative to original registration
including subdivision and consolidation plans of titled lands [NOTE]
Note: LRA issuance of decree ministerial
- In the sense that LRA acts under orders of the court
- Decree must be in the conformity with the decision of the court
(Gomez vs CA)
- Issuance ceases to be ministerial if issuance would result in double
titling (Angeles vs SOJ)
Office of the Register of Deeds
- Registration
- Rule on Priority: Priority is given to
o First registrant in good faith
o Then, the first possessor in good faith
o Finally, the buyer who in good faith presents the oldest
title (Art. 1544, CC)
- Duty
o Immediately Register an Instrument presented for
registration dealing with Real or Personal Property
which complies with all requirements
o Ensures instruments bear the proper documentary
science stamps and are properly canceled.
o Deny Registration of Non-Registrable and inform
presentor of such denial in writing stating grounds or
reason (plus advises the right to appeal by consulta)
- Ministerial in Nature
o The act or duty is done in a prescribed manner in
obedience to the mandate of a legal authority, without
regard or exercise of ones own judgement upon the act
done
o Whether the document is invalid, frivolous or intended
to harass, it is not the duty of RD to decide but a court
competent jurisdication (Campugan vs Tolentino)
Note: Registration in the Public Registry is a NOTICE TO THE WHOLE WORLD
(Guaranteed Homes vs Valdez)
LTD Justice Agcaolili
Note: Registration must first be allowed and the validity or effect thereof Who may Classify Lands
litigated afterwards - President
o Presidential Proclamation, EO
The purpose of Publication of Initial Reading - DENR Secretary
- To confer jurisdiction upon the court over the res and, - Congress
- To appraise the whole world of the pending registration case so o Legislative Act
that they may assert rights or interest in the land applied for.
(Director of Lands vs CA GR 102858 Note: Courts are not allowed to classify lands since 1919 (DENR Sec. vs Yap)

Note: Registration not a mode of acquiring ownership but ONLY a procedure Note: Prior Rights of Individual must be Respected
to obtain evidence of ownership over realty, a system of registration of titles - Prior to such classification, occupants in good faith should not be
and lands (PRELIMS) prejudiced by after-events which could not have been anticipated

Note: Registration does not vest title. Its merely an evidence of such title over
a particular property (Solid State Multi-Product Corp. vs DBP)
But the Torrens system does not furnish a shield for fraud, nor permit one to
enrich himself at the expense of others (Rodriguez vs LIM)
- A certificate of title cannot be used to protect a usurper from the
true owner
- Registration merely creates a prima facie presumption of the
validity of registration
Instances where RD may hold registration
- Where there are several copies of the title, but only one is
presented
o Every copy of the duplicate original must contain
identical entries of the transaction (particularly
voluntary ones
Alienable and Disposable Lands (A and D): Categories
1. Patrimonial Lands of the State
a. Classified as land of Private Ownership
b. Without limitation
2. Lands of Public Domain
a. Lands as provided by the constitution but with
limitation that it must only be agricultural lands
Note: Other land classification are not susceptible to A and D unless
reclassified as Agricultural Lands (Malabanan vs Republic)
Secondary Classification of A and D Lands
1. Agricultural
2. Residential, commercial, industrial, or for similar purposes
3. Educational, charitable, or other similar purposes
4. Reservation for townsites and for public and quasi-public uses

Art. 160 of CC Modes of Disposition of A and D Lands

- Provides that property is presumed conjugal upon marriage unless 1. Homestead settlement
proven to be exclusively of the husband or wife 2. Sale
- Proof of acquisition during marriage is an essential condition for the 3. Lease
operation of presumption in favor of conjugal partnership (Dela 4. Confirmation of imperfect or incomplete titles
Pena vs Avila) a. By judicial legalization
b. By administrative legalization (free patent)
Note: Proof of Acquisition is sine qua non (essential condition) for the
presumption in favor of conjugal partnership [PRELIM]Non-Registrable Properties
1. Intended for Public use or Service
Example: Title is in the Name of Celia A. Santos, married to Mario Santos, 2. Rivers and Waters
means property exclusively belong to Wife Celia (?) a. Rivers, natural beds, lakes and all surface of water,
atmospheric or subterranean ground waters and
Note: Conjugal Property requires consent of both Husband and Wife seawater belong to the STATE
- Absence of one consent and knowledge renders contract null and b. Rain water falling on private lands belong to the State
void 3. Mangrove Swamps
- A void contract cannot be ratified (Guiang vs CA) 4. School Site Reservation
- If the sale was with knowledge but without approval, sale merely 5. Forests
becomes annullable within 5 years from date of contract 6. Mineral Lands
7. Military or Naval Reservation
8. Reservation for Public/National Parks
Primary Classification of Lands of Public Domain (1987 Phil. Constitution) 9. Foreshore Lands
1. Agricultural Lands
2. Forest or Timberlands Note: Under the Family Code (Aug. 3, 1988), the sale of a conjugal property
3. Mineral Lands requires the consent of both the husband and the wife. The absence of the
4. National Parks consent of one renders the sale null and void.

Note: Alienable Lands: limited to agricultural lands Note: A void contract cannot be ratified. (Guiang v. CA, GR No. 125172, June
26, 1998. Note: SC affirmed decision of CA composed of JJ. Jaguros, Adefuin
General Rule: ALL lands not appearing to be clearly within private ownership and Agcaoili)
are presumed to belong to the State
Forests
Proof of reclassification as alienable lands: - A large tract of land covered with a natural growth of trees and
- Establish the existence of a positive act of government such as: underbrush
o Presidential Proclamation - Classification is descriptive of its legal nature or status and now a
o Executive Order physical description of said land (Amunategui vs Director of
o Administrative Action Forestry)
o Investigative Report of Bureau of Lands Investigators
o Legislative act or Statute Lecture:
1. Between two buyers of same land, priority is given to:

Paolo Benedicto S. Acosta III, RPh, MD

UST Faculty of Civil Law
LTD Justice Agcaolili
2. RD may not validly refuse to register a deed of sale
3. Procedure en consulta the question shall be submitted to the LRA
Administrator by the RD
4. Can the interested party go to court on a petition for issuance of
registration> no
5. Non-Registrable property
6. Rain water on private land belong to the state
7. Reclaimed Lands

Sec 14. (1) PD

Who May Apply
1. Those who by themselves or through their predecessors-in-interest
have been in OCENPO of A and D lands under bona fide cliam of
ownership since June 12, 1945 or earlier
2. Those who acquired ownership of private lands by prescription
under existing provisions of law
3. Those who acquired ownership of lands or abandoned riverbed by
right of accessions or accretion under existing law
4. Those who acquired ownership of land in any other manner
provided for by law

Requisites for Original Registration

1. Declaration that the land is alienable and disposable at the time of
the application for registration, and
2. Open and continuous possessions in the concept of an owner since
June 12, 1945 or earlier (read Republic vs Roasa)

What is Possession (Phone)

Read Malaban vs Republic

Sec. 14 (2)
Lands of public domain shall form part of the Patrimonial Property of the State
when the Land is:
- Classified as agricultural land
- Classified as A and D
- Declared by competent authority as no longer intended for public
use or service

Concept of possession for purposes of Prescription (phone)

Basic Principles
Yu Chang vs Republic
Republic vs East Silverlane

If recently declared A and D, present declaration does not include prescription,

except when agricultural

Note: difference of Possession and Occupation

Disposition of Accretion
Sec 14.1.2.3.4

Paolo Benedicto S. Acosta III, RPh, MD

UST Faculty of Civil Law