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Land Titles and Deeds For Finals
Land Titles and Deeds For Finals
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. Signature of grantor
6. Witnesses
Types of estates:
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
Purpose of Registration:
Advantages:
Purpose of Torrens Law: quiet title to land – once registered, owner might rest secure
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:
Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT.
Notice in conspicuous place in land & bulletin board of municipality – 14 days before
hearing
Requisites of Opposition:
General Default
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.
1. RTC
2. Refer to referee – commissioner
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
Person entered into property after decree- non claimant; had been there for 10 years
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
Res Judicata:
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 non-party
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
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.
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. Owner’s 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. Register of Deeds shall make a memorandum on the certificate of title, signed by him
7. Issue TCT
Voluntary dealings
Need to present title – to record the deed in registry & to make memorandum on title.
Involuntary dealings
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:
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
e. Documents are numbered & indexed & indorsed with reference to certificate of title–
public records
Kinds:
Essential Requisites:
Special Characteristics:
Subject Matter
Forms:
If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered
owner:
Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may
enter order requiring owner to produce certificate
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. Property is mortgaged
2. There is stipulation for automatic appropriation
1. Discharge
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
Foreclosure
1. JUDICIAL
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. 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
2. Present in Register of Deeds where land lies
3. Memorandum on back of certificate is made
4. 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
5. New certificate of title issued in favor of vendee
6. 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
Deed of Mortgage:
Requires only description to enable parties & other persons to identify the subject matter
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
Assignment of Mortgage
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. Officer’s 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
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 Owner’s 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
Effect of Registration:
Aliens:
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:
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
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
Prescribes in 10 years
If acknowledged in written form – becomes express trust – prescribes upon repudiation
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
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
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
1. Officer’s 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
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. Effective for 30 days from date of registration
4. 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
Purpose: keep subject matter within the power of the court until the entry of final judgment
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
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
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 bankrupt’s certificate of title (duplicate)
New certificate shall not that it is entered to him as assignee or trustee in insolvency
proceedings
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
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
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
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
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
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
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, ¼ 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
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
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:
Measure of Damages:
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 – has additional 2 years after disability is removed to
file action notwithstanding expiration of regular period
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
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. New interest not appearing on the instrument have been created
2. Interest have terminated or ceased
3. Omission or error was made in entering certificate
4. Name of person on certificate has been changed
5. Registered owner has married
6. Marriage has terminated
7. 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)
In connection with original and subsequent registration of lands – payable to Clerk of court,
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
Procedure:
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.
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
Fishponds
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
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. 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
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 who obtained title from State or thru persons who obtained title from State
PATENT
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
Restrictions:
Exceptions:
Homesteader
Purpose:
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
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
Any person claiming interest in any part of lands subject to petition is required to file answer
Answer must give the ff details:
1. Age of claimant
2. Cadastral number of lot claimed
3. Name of barrio or municipality where lot is located
4. Name of owners of adjoining lots
5. If in possession & without grant – no of years in possession
6. If not in possession – state interest claimed
7. If assessed of taxation – assessed value
8. Any encumbrances affecting said lots
9. Hearing of case
6. Decision
Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver
Possession
System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, nowincludes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person
prior to registration (limited effect to 3rdparties)
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:
Source:
Civil Law (Land Titles) Memory Aid
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