LAND TITLES AND DEEDS (1) The Commissioner of Land Registration (CLR) shall

FINALS COVERAGE cause it to be published once in the Official gazette AND

once in a newspaper of general circulation
PROCEDURE IN ORDINARY LAND REGISTRATION (2) This is sufficient to confer jurisdiction to the court 

STEP 1: Survey of the land by the Bureau of Lands or a duly registered (d) It is not necessary to give personal notice to the owners or
private surveyor claimants of the land sought to be registered to vest the court with
Note: No plan of such survey, whether it be original or subdivision, may be authority over the res. Land registration proceedings are actions in rem.
admitted in land registration proceedings until approved by the Director of Lands [Dir. Of Lands v. CA, 276 SCRA 276]
[Sec. 1858, Administrative Code] (e) Once the registration court had acquired jurisdiction over a certain
STEP 2: Filing of application for registration by the applicant parcel, or parcels, of land in the registration proceedings in virtue of
(a) Form of the application the publication of the application, that jurisdiction attaches to the land
1) In writing 
 or lands mentioned and described in the application. If it is later shown
2) Signed by the applicant/s or person duly authorized in his that the decree of registration had included land or lands not included
behalf 
 in the original application as published, then the registration
3) Sworn before any officer authorized to administer oath for proceedings and the decree of registration must be declared null and
the province or city where the application was actually void insofar — but only insofar — as the land not included in the
signed publication is concerned. [Benin v. Tuason, 57 SCRA 531]
4) Application is presented in duplicate 
 STEP 6: Service of notice upon contiguous owners, occupants and those
(b) Contents of the application: 
 known to have interest in the property by the Sheriff;
(a) Mailing:
1) A description of the land
(1) Within 7 days from publication, the CLR shall mail a
2) The citizenship and civil status of the applicant, whether
copy of the notice
single or married, and, if married, the name of the wife or
(2) Copies of the notice shall be mailed to:
husband, and, if the marriage has been legally dissolved,
(i) Every person named in the notice whose
when and how the marriage relation terminated. It shall
address is known.
also state: 
 (ii) the Secretary of Public Highways, to the
3) The full names and addresses of all occupants of the land Provincial Governor, and to the Mayor of the
and those of the adjoining owners, if known, and, if not municipality or city, in which the land lies, if the
known, it shall state the extent of the search to find them. applicant requests to have the line of a public
4) Whether the property is conjugal, paraphernal or way or road determined
exclusively owned by the applicant. (iii) Secretary of Agrarian Reform, the Solicitor
(c) Documents to accompany the application General, the Director of Lands, the Director of
1) Tracing-cloth plan duly approved by the Director of Lands, Mines and/or the Director of Fisheries and
together with two blueprint or photographic copies Aquatic Resources, (as appropriate) if the land
thereof; borders on a river, navigable stream or shore,
2) Three copies of the corresponding technical descriptions; or on an arm of the sea where a river or harbor
3) Three copies of the surveyor’s certificate; 
 line has been established, or on a lake, or if it
4) All original muniments of title in the possession of the otherwise appears from the application or the
applicant which prove his rights, to the title he prays for or proceedings that a tenant-farmer or the
to the land he claims; and 
 national government may have a claim adverse
5) Certificate in quadruplicate of the city or provincial to that of the applicant
treasurer of the assessed value of the land, at its last (b) Posting:
assessment for taxation, or, in the absence thereof, that of (1) CLR shall cause the sheriff or his deputy to post the
the next preceding year. However, in case the land has not notice at least 14 days before the hearing:
been assessed, the application may be accompanied with (2) In a conspicuous place on each parcel of land included
an affidavit in quadruplicate of the fair market value of the in the application and in a conspicuous place on the
land, signed by three disinterested persons. 
 bulletin board of the municipal building of the municipality
(d) Amendments to the Application or city in which the land or portion thereof is situated.
(1) Sec. 19, PD 1529 permits the applicants to amend the (3) The court may also cause notice to be served to such
application at any stage of the proceedings upon such just other persons and in such manner as it may deem proper.
and reasonable terms as the court may order; (c) Notice of application and initial hearing by publication is sufficient
(2) However, Sec. 23, PD 1529 mandates that there is a need to and the mere fact that a person purporting to have a legitimate claim
comply with the required publication and notice as in an in the property did not receive personal notice is not a sufficient
original application if the amendment is substantial as in: ground to invalidate the proceedings although he may ask for the
a. A change in the boundaries review of the judgment or the reopening of the decree of registration,
b. An increase in the area of the land applied for; if he was made the victim of actual fraud. [Republic v. Abadilla, CA; G.R.
or No. 6902-R, Oct. 6, 1951]
c. The inclusion of an additional land 
 STEP 7: Filing of answer or opposition to the application by any person
STEP 4: Transmittal to the LRA whether named in the notice or not;
The application and the date of initial hearing together with all the documents or (a) Who may file? Any person claiming an interest, whether named in
other evidences attached thereto are transmitted by the Clerk of Court to the Land the notice or not
Registration Authority (LRA) (b) When to file? On or before the date of initial hearing, or within
STEP 5: Publication of a notice of the filing of the application and date and such further time as may be allowed by the court.
place of hearing (c) What shall it contain? It shall state all the objections and the interest
(a) Publication shall be sufficient to confer jurisdiction upon the court. claimed by the party the remedy desired.
[Sec. 23, PD 1529] (d) How shall it be made? It shall be signed and sworn to by him or
(b) Form and contents of the notice: by some other duly authorized person. Sec. 25, PD 1529 provides for
(1) Addressed to all persons appearing to have an interest the requisites of an opposition:
in the land involved (1) It shall set forth “all the objections to the application”
(2) Requires all persons concerned to appear in court on and
the date and time indicated to show cause why the (2) It shall state the “interest claimed by the party filing the
application for registration should not be granted same”
(c) The public shall be given notice of the initial hearing of the (e) Effect of Failure to Answer:
application by publication (1) If no one appears/files an answer, upon motion, the
court shall order a default to be recorded. 


ZWENZENS 1

 (2) By the description in the notice "To all Whom It May
Concern", all the world are made parties defendant and
shall be concluded by the default order.
(3) Where an appearance has been entered and an answer
filed, a default order shall be entered against persons who
did not appear and answer. 
 date of service of its notice, the decree of registration does
(4) Absence of opposition does not justify outright
registration. [Director of Lands vs. Agustin, 1921]
(f) Effects of Default:
(1) With respect to the Applicant – he has the right to present or
adduce evidence ex parte
(2) With respect to those covered by the default order – they have no
legal standing in court; therefore, they are no longer allowed to
participate and no opportunity to present evidence
For relief from an order of default, see Sec. 3, Rule 18, Rules of Court
STEP 8: Hearing of the case by the court
(a) Applicable procedural law:
(1) Reception of evidence is governed by PD 1529 of the husband or wife, provided that if the
(2) Rules of Court shall, insofar as not inconsistent with
the provisions of the Decree, be applicable to land
registration and cadastral cases by analogy or in a
suppletory character and whenever practicable and
convenient [Sec. 34, PD 1529]
(b) Sec. 27, PD 1529: Court may either:
(1) Hear the parties and their evidence, or
(2) Refer the case or any part thereof to a referee
a) Referee shall hear the parties, receive their
evidence, and submit his report thereon to the
Court within 15 days after termination of such
hearing
b) Hearing before a referee may be held at any
convenient place within the province or city as
may be fixed by him and after reasonable
notice thereof shall have been served to the
parties concerned
c) Upon receipt of the report the Court may:
a. Adopt the same
b. Set aside the report
c. Modify the report
d. Refer back or recommit the case to
the referee for presentation of
evidence
STEP 9: Promulgation of judgment by the Court;
(a) This is the adjudication, determination, and resolution of the issue
of ownership
(b) Forms of Judgment:
(1) Dismissal of the application – with prejudice or without
prejudice
(2) Partial Judgment – in a case where only a portion of
the land subject of registration is contested, the court may
render partial judgment provided that a subdivision plan
showing the contested and uncontested portions approved
by the Director of Land is previously submitted to said
court. [Sec. 28, PD 1529]
(3) Judgment Confirming Title - Judgment may be
rendered confirming the title of the applicant, or the
oppositor as the case may be, to the land or portions
thereof upon finding that the party concerned has
sufficient title proper for registration. [Sec. 29, PD 1529]
(c) Finality of Judgment - Sec. 30, par. 1, PD 1529 provides that the
judgment becomes final upon the expiration of 30 days counted from
receipt of notice of judgment.
Note: This has been MODIFIED to the lapse of 15 days counted from
receipt of notice of judgment as per Sec. 39, BP 129
STEP 10: Issuance of the decree
(a) If the court finds after hearing that the applicant or adverse claimant
has title as stated in his application or adverse claim and proper for
registration, a decree of confirmation and registration shall be entered
 or hold lands of the public domain in the Philippines
(b) The Court declares the decision final and instructs the LRA to issue a
decree of confirmation and registration within 15 days from entry of
judgment (Note: It is not the court that issues the decree, but the LRA)
(c) One year after issuance of the decree, it becomes incontrovertible and
amendments of the same will not be allowed except in cases of clerical
errors
ZWENZENS 2
a. Court retains jurisdiction over the case until after the
expiration of 1 year from the issuance of the decree of
registration. [Gomez v. CA, 1988]
b. Note: While a decision in land registration proceeding
becomes final after the expiration of thirty days from the
not become final until after the lapse of one year from the
date of its issuance and entry. 

STEP 11: Entry of the decree of registration
(a) Decree is entered in the LRA
(b) Every decree of registration shall:
a. Bear the day of the year, hour, and minute of its entry, 

b. Be signed by the Administrator of the Land Registration
Authority in his ex officio capacity as Clerk of Court in land
registration matters
c. State whether the owner is:
i. Married or unmarried, and if married, the name
land adjudicated is conjugal property, it shall be
issued in the names of both spouses.
ii. If the owner is under disability, it shall state the
nature of the disability,
iii. If the owner is a minor, his age
d. Contain a description of the land as finally determined by
the court,
e. Set forth the estate of the owner, and also, in such manner
as to show their relative priority, all particular estates,
mortgages, easements, liens, attachments and other
encumbrances, including rights of tenant-farmer, if any, to
which the land or owner’s estate is subject,
f. Contain any other matter properly to be determined 

STEP 12: Sending of copy of the decree of registration to the corresponding
Register of Deeds (Registrar of Land Titles and Deeds)
STEP 13 : Transcription of the decree of registration
(a) It is transcribed in the registration book of the Registrar of Land
Titles and Deeds
(b) Registrar issues owner’s duplicate OCT of the applicant by the
Registrar of Land Titles and Deeds, upon payment of the prescribed
fees
(Annotations from the book )
< HEARING, JUDGMENT, DECREE OF REGISTRATION >
SECTION 27 – SPEEDY HEARING; REFERENCE TO A REFEREE
HEARING
- Applications for registration shall be heard in the RTC or, in proper
cases, in first level courts
- Courts are required to decide the case within 90 days from the time it
is submitted for decision
- It may be necessary for the court to refer the case to a referee, usually
a branch clerk of court, for hearing and reception of evidence
- Referee shall receive the evidence and submit his report to the court
within 15 days from the termination of the hearing
PROOF REQUIRED IN REGISTRATION PROCEEDINGS
- Evidence must be “well-nigh incontrovertible”
- The applicant must show, even in the absence of opposition, that he is
the absolute owner, in fee simple, of such land
< CITIZENSHIP REQUIREMENT >
KRIVENKO V. REGISTER OF DEEDS (1947)
- Aliens may not acquire private or public agricultural lands
- [SECTION 1 of ARTICLE XIII/SECTION 2 of ARTICLE XII]
natural resources, with the exception of public agricultural land, shall
not be alienated, and with respect to public agricultural lands, their
alienation is limited to Filipino citizens
- [SECTION 5 of ARTICLE XIII] Save in cases of hereditary
succession, no private agricultural land will be transferred or assigned
except to individuals, corporations, or associations qualified to acquire
ONG CHING PO V. COURT OF APPEALS (1994)
- The capacity to acquire private land is made dependent upon the
capacity to acquire or hold lands of the public domain. Private land
may be transferred or conveyed only to individuals or entities qualified
to acquire lands of the public domain (II Bernas, The Constitution of
the Philippines 439-440 [1998 Ed.]) char
NATURAL-BORN FILIPINO CITIZEN WHO HAS LOST HIS
CITIZENSHIP MAY BE A TRANSFEREE OF PRIVATE LAND
- Pursuant to Sec. 10 of RA 7042, as amended by RA 8179,
implementing Sec. 8, Art. XII of the Constitution, it is provided that
any natural-born citizen who has the legal capacity to enter into a
contract may be a transferee of private land
o Maximum area 5000sqm urban land
o 3 hectares rural land to be used by him for business or
other purposes
- In the case of married couples, one of them may avail of the privilege
herein granted
- But if both shall avail of the same, the total area acquired shall not
exceed the maximum herein fixed
- In case the transferee already owns urban or rural land for business or
other purposes, he shall still be entitled to be a transferee of additional
urban or rural land, when added to those owned by him, shall not
exceed the maximum areas herein authorized
- A transferee who has already acquired urban land shall be disqualified
from acquiring rural land area and vice versa
RE-ACQUISITION OF PHILIPPINE CITIZENSHIP OBVIATES AREA
LIMITATION
- The area limitation no longer applies since it is the policy of the law
“that all Philippine citizens who become citizens of another country
shall be deemed not to have lost their Philippine citizenship under the
conditions of this Act”
CAPACITY TO OWN LAND IS DETERMINED AS OF THE TIME OF ITS
ACQUISITION AND NOT REGISTRATION
- The time to determine whether a person acquiring land is qualified is
the time the right to own it is acquired and not the time to register
ownership
- (Lapiña case) Even if the spouses were already Canadian citizens at
the time they applied for registration, the lots were already private lands
and no longer formed part of the public domain.
- (Buyco case) Applicants failed to prove that their predecessor-in-
interest had possessed the property in such manner as to segregate or
remove the same from the mass of the public domain. They had
acquired no vested right, consisting of an imperfect title, over the
property before they lost their Philippine citizenship.
ALIENS MAY LEASE PRIVATE LANDS
- While they are disqualified from acquiring lands of the public domain,
they may however lease private lands. A lease to an alien for a
reasonable period is valid. So is an option giving an alien the right to
buy real property on the condition that he is granted Philippine
citizenship.
FOREIGNERS ALLOWED TO PURCHASE CONDOMINIUM UNITS
- Under RA 4726, foreign nationals can own Philippine real estate
through the purchase of condominium units or townhouses
- The law expressly allows foreigners to acquire condominium units and
shares in condominium corporations up to not more than 40% of the
total and outstanding capital stock of a Filipino owned or controlled
corporation.
- As long as 60% of the members of this condominium corporation are
Filipinos, the remaining members can be foreigners
DONATION IN FAVOR OF A RELIGIOUS CORPORATION
CONTROLLED BY NON-FILIPINOS NOT REGISTRABLE
- Constitution makes no exception in favor of religious associations
- To permit religious associations controlled by non-Filipinos to acquire
agricultural lands would be to drive the opening wedge to revive alien
religious land holdings in the country
LANDS ACQUIRED BY AN AMERICAN CITIZEN IN 1945 CAN BE
REGISTERED UNDER THE ORDINANCE APPENDED TO THE 1935
CONSTITUTION
- The proclamation of Philippine Independence does not impair
Americans’ proprietary rights over the land because the ’35
Constitution provides that upon the proclamation “all existing
property rights of citizens or corporations of the United States hall be
acknowledged, respected, and safeguarded to the same extent as
property rights of citizens of the Philippines.”
CAN A FILIPINO VENDOR RECOVER LAND SOLD TO AN ALIEN?
- (Rellosa case) SC answered NO because the Filipino vendor was in
pari delicto with the alien vendee
- (PH Banking Corp v. Lui She case) In pari delicto will not apply (1)
since the original parties who were guilty have died and have since been
substituted by their administrators, and (2) when the agreement is not
illegal per se but is merely prohibited, and the prohibition by law is
ZWENZENS 3
designed for the protection of the plaintiff, if public policy is thereby
enhanced, he may recover what he has paid or delivered
- (Borromeo case) If land invalidly transferred to an alien who
subsequently becomes a Filipino citizen or transfers it to a Filipino, the
flaw in the original transaction is considered cured and the title of the
transferee is rendered valid. As the property in dispute is already in the
hands of a qualified person, a Filipino citizen, there would be no more
public policy to be protected. The objective of the Constitutional
provision to keep our lands in Filipino hands has been achieved.
WHO MAY ACQUIRE PRIVATE LANDS
- Filipino citizens
- Filipino corporations and associations as defined in Sec. 2, Art. XII of
the Constitution, and by exception
- Aliens, but only by hereditary succession
- A natural-born citizen of the Philippines who has lost his citizenship
under the terms of Section 8
< CLASSIFICATION OF PUBLIC LANDS >
1935 Constitution 1973 Constitution 1987 Constitution
- Agricultural - Agricultural - Agricultural
- Forest - Industrial/Commercial - Forest
- Timber - Residential - Timber
- Resettlement - National Parks
- Mineral
- Timber/Forest
- Grazing lands
AN EXECUTIVE PREROGATIVE
- Exclusive prerogative of the executive department of the government
and not of the courts
- In the absence of such classification, the land remains as unclassified
land until it is released therefrom and rendered open to disposition
- The President is authorized, from time to time, to classify the lands of
the public domain through a presidential proclamation or executive
order
- The Secretary, Department of Environment and Natural Resources
(DENR) is the only other public official empowered by law to approve
a land classification and declare such land as alienable and disposable
CLASSIFICATION OF BORACAY ISLAND
- (Secretary of the DENR V. Yap)
o PN. 1801: Marcos declared Boracay Island as tourist zones
and marine reserves
o Respondents filed to register their claims
o Republic opposed the petition, maintaining that Boracay is
an unclassified land
o During pendency of the case, Arroyo issued PN. 1064
classifiying Boracay in to 400 ha. of reserved forest land
and 628.96 ha. of agricultural land
o Petitioners filed for nullification of PN. 1064 – no need for
o a proclamation reclassifying Boracay into agricultural land
o The Court dismissed the petition – there is no showing that
prior to 2006, the portions of Boracay occupied by private
claimants were the subject of a government proclamation
that the land is alienable and disposable. Matters of land
classification or reclassification cannot be assumed.
o The Court further declared that except for lands already
covered by existing titles, Boracay was an unclassified land
of the public domain prior to PN 1064.
o Under PD 705 or Revised Forestry Code, all unclassified
lands are considered public forest. PD 705, however,
respects titles already existing prior to its effectivity
CADASTRAL SURVEY OF A MUNICIPALITY DOES NOT
AUTOMATICALLY CLASSIFY LANDS WITHIN THE CADASTRE AS A/D
LANDS
- A survey made in a cadastral proceeding merely identifies each lot
preparatory to a judicial proceeding for adjudication of title to any of
the lands upon claim of interested parties
UNDER THE SPANISH REGIME, ALL CROWN LANDS WERE PER SE
ALIENABLE AND SUBJECT TO ADJUDICATION BY THE COURTS
- Unless falling under timber or mineral zones, or otherwise reserved for
some public purpose in accordance with law
- Dictum in Ankron case, “the courts have a right to presume, in the
absence of evidence to the contrary, that in each case the lands are
agricultural lands until the contrary is shown”

< NON-REGISTRABLE PROPERTIES >
1) Property of public dominion
2) Forest lands – large tract of land covered with a natural growth of trees
and underbrush; a large wood
3) Watersheds – an area drained by a river and its tributaries and enclosed
by a boundary or divide which separates it from adjacent watersheds
4) Mangrove swamps
5) Mineral lands
6) Natural resources within ancestral domains
7) National parks
8) Military or naval reservation
9) Foreshore and reclaimed lands
10) Lakes
11) Navigable rivers
12) Creeks – a recess or arm extending from a river and participating in the
ebb and flow of the sea
13) Reservations for public and semi-public purposes
< SPECIFIC EVIDENCE OF OWNERSHIP >
PROOF OF OWNERSHIP
- Evidence of a land grant must be “well-nigh incontrovertible”
- Claim must be proved with clear and convincing evidence
LAND MUST BE CLASSIFIED AS A/D LAND
SURVEY PLAN
- Survey is the act by which a quantity of parcel of land is ascertained
and also a paper containing a statement of courses, distances, and
quality of land
- Survey Plan serves to establish the true identity of the land to ensure
that it does not overlap a parcel of land
- No plan or survey may be admitted in land registration proceedings
until approved by the Director of Lands
- Only the Land Management Bureau may approve a survey plan for
original registration purposes
- What defines a piece of land is not the area but the boundaries thereof
LAW REQUIRES BOTH POSSESSION AND OCCUPATION
- There must be occupancy, apprehension, or taking
- There must be intent to possess
- Rules in case of conflict
o The present possessor shall be preferred
o If there are 2 possessors, the one longer in possession
o If the dates of the possession are the same, the one who
presents a title
o If both possessors have titles, the court shall determine the
rightful possessor and owner of the land
TAX DECLARATION; TAX RECEIPTS
- Not conclusive evidence of ownership but good indicia of the
possession in the concept of owner
- Proof that the holder has a claim of title over the property
SECTION 28 – PARTIAL JUDGMENT
SECTION 29 – JUDGMENT CONFIRMING TITLE
COURT HAS BROAD JURISDICTION OVER ALL ISSUES
- All conflicting claims of ownership and interest in the land, and related
issues, submitted to the court with or without the unanimity of the
parties, may now be heard and resolved by the court
- Aimed at avoiding multiplicity of suits and the attendant additional
expenses of litigation
REPORTS OF LRA ADMINISTRATOR AND DIRECTOR OF LANDS
- Sec. 29 mandates the LRA Administrator and Director of lands to
submit to court all necessary and relevant evidence as well as reports
to aid the court in the determination of the case
- The court may also directly require the DENR and the LRA to submit
a report on whether the subject property has already been registered
and covered by certificates of title
- The duty of the aforesaid officials is not limited to the period before
the court’s decision becomes final, but may extend even after its finality
but not beyond the lapse of 1 year from entry of the decree
ONLY JUDGMENTS AND PROCESSES RECEIVED BY THE SOLGEN
BIND THE GOVT
- Court orders and decisions sent to the provincial or city prosecutor or
special attorney, acting as agent of SolGen in land registration cases,
are not binding until they are actually received by the SolGen
- Period to perfect appeal shall be counted from the date when the
SolGen received a copy of the decision
ZWENZENS 4
PRINCIPLE OF RES JUDICATA APPLICABLE TO REGISTRATION
PROCEEDINGS
- Requisites:
o The former judgment must be final
o It must have been rendered by a court having jurisdiction
of the subject matter and the parties
o It must be a judgment on the merits
o There must be, between the first and second actions,
identity of parties, identity of subject matter, and identity
of cause of action
- Judgment dismissing an application for registration of land does not
constitute res judicata, and the unsuccessful applicant, or any person
deriving title from him, may file another proceeding for the registration
of the same land
SECTION 30 – WHEN JUDGMENT BECOMES FINAL; DUTY TO
CAUSE ISSUANCE OF DECREE
FINALITY OF JUDGMENT
- Upon the expiration of 15 days to be counted from the date of receipt
of notice of the judgment
- An appeal may be taken
- After it has become final, the court must issue an order for the issuance
of the decree of registration and certificate of title
JUDGMENT ONCE FINAL CANNOT BE AMENDED TO MODIFY
DECREE
- After the land has been registered, the registration court ceases to have
jurisdiction over it for any purpose and it returns to the jurisdiction of
the ordinary courts of law for all subsequent purposes
WRIT OF POSSESSION
- Employed to enforce a judgment to recover the possession of land
- When it may be issued:
o In a land registration proceeding (in rem)
o Extrajudicial foreclosure
o Judicial foreclosure of mortgage (quasi in rem)
o Execution sales
WRIT OF POSSESSION IN LAND REGISTRATION CASES
- Purchaser of property may ask the proper court for the issuance of a
writ of possession, provided the same has not been issued before
- It will also not issue when the persons against whom it is sought to be
issued have occupied the premises after the final decree was issued
CONSEQUENCE OF REFUSAL TO VACATE; CONTEMPT
- If subsequent to dispossession or ejectment, the losing party enters for
the purpose of executing acts of ownership or possession, or in any
manner disturbs the possession of the person adjudged to be entitled
thereto, then and only then may the loser be charged with and
punished for contempt
SECTION 31 – ISSUANCE OF DECREE OF REGISTRATION
DECREE OF REGISTRATION
- An order issued under the signature of the Administrator, LRA, in the
name of the court, stating that the land described therein is registered
in the name of the applicant/oppositor/claimant as the case may be
- Administrator sends a copy thereof to the Register of Deeds, who
transcribes the decree in a book (Registration Book)
- The entry made by the ROD constitutes the original certificate of title
WHEN LAND DEEMED REGISTERED
- Only upon the transcription of the decree in the original registration
book and not on the date of issuance of the decree
REGISTRATION COURT HAS NO JURISDICTION TO DECREE AGAIN
LAND ALREADY DECREED IN A PREVIOUS REGISTRATION CASE
- A second decree for the same land would be null and void, since the
principle behind original registration is to register a parcel fo land only
once
- An application for registration of an already titled land constitutes a
collateral attack on the existing title, which is not allowed by law
CERTIFICATE OF TITLE BECOMES INDEFEASIBLE AFTER ONE
YEAR FROM THE ISSUANCE OF SAID DECREE
- Indefeasible and incontrovertible one year from its final decree
- A strong presumption exists that the title was regularly issued and that
it is valid
SECTION 32 – REMEDIES
Innocent Purchaser for Value – one who buys the property of another without
notice that some other person has a right to or interest in it, and who pays a full
and fair price at the time of the purchase or before receiving any notice of another
person’s claim [Rosales v Burgos, G.R. No. 143573]
Extrinsic or Actual fraud – any fraudulent act of the successful party in a
litigation which is committed outside the trial of a case against the defeated party,
or his agents, attorneys or witnesses, whereby said defeated party is prevented from
presenting fully and fairly his side of the case. [Sterling Investment Corporation v Ruiz,
G.R. No. L-30694]
An aggrieved party in a registration proceeding may avail himself of the following
remedies:
(1) Motion for New Trial [see Rule 37, ROC]
(2) Relief from Judgment [see Rule 38, ROC]
(3) Appeal
(4) Petition for Review of Decree of Registration
(5) Action for Reconveyance
(6) Quieting of Title
(7) Cancellation of Title
(8) Action for Damages
(9) Action for Compensation from the Assurance Fund
(10) Reversion
(11) Annulment of Judgment [see Rule 47, ROC]
APPEAL
- Sec. 30, PD 1529 as amended by BP 129 provides that an appeal may
be taken from the judgment of the court as in ordinary civil cases.
- Period in Sec. 30, PD 1529 has been modified to 15 days as per Sec. 39,
BP 129
- Unlike ordinary civil actions, the adjudication of land in a cadastral or
land registration proceeding does not become final in the sense of
incontrovertibility until after the expiration of one (1) year after the
entry of the final decree of registration. As long as a final decree has
not been entered by the LRA and the period of 1 year has not elapsed
from date of such decree, the title is not finally adjudicated and the
decision in the registration proceeding continues to be under the
control and sound discretion of the court rendering it. [Gomez v. CA,
168 SCRA 503, (1988)]
PETITION TO REOPEN OR REVIEW DECREE OF REGISTRATION –
Sec. 32, PD 1529
(a) To whom available: Only to an aggrieved party who has been deprived of
land or any estate or interest therein by decree of registration
(b) When to file: Any time after the rendition of the court’s decision and before
the expiration of 1 year from entry of decree of registration
a. Upon expiration of the 1 year period, every decree becomes
incontrovertible
b. The Court held that the petition may be filed at any time after rendition
of the court’s decision (no need to wait for actual entry in the LRA)
and before expiration of one year from entry of the final decree of
registration. [Rivera v. Moran, 48 Phil. 836; Director of Lands v. Aba, et al.,
68 Phil. 85.]
(c) Sole and ONLY Ground: Actual/Extrinsic Fraud
a. Actual fraud proceeds from an intentional deception practiced by
means of misrepresentation or concealment of material fact
b. The fraud must consist in an intentional omission of fact required by
law to be stated in the application or a wilful statement of a claim
against the truth
(d) Requisites for Petition to Reopen or Review
(1) The petitioner must have an estate or interest in the land; 
 APPEAL PERIOD STANDARDIEZED
(2) He must show actual fraud in the procurement of the decree of
registration; 

(3) That the action is filed within one year from the issuance and entry
of the decree of registration; and
(4) That the property has not been transferred to an innocent
purchaser for value; and [Agcaoili citing Walstrom v Mapa, G.R. No.
38387]
ACTION FOR RECONVEYANCE:
(a) When to file:
(1) Before issuance of decree, or within/after 1 year from entry 

(2) If based on implied trust, 10 years; 
 < CADASTRAL REGISTRATION PROCEEDINGS >
(3) If based on express trust and void contract, or if the plaintiff is in
possession of the land, imprescriptible 
 - It is a proceeding in rem, initiated by the filing of a petition for
(4) If based on fraud, 4 years from the discovery 
 registration by the government, not by the persons claiming ownership
(b) It does not reopen proceedings but a mere transfer of the land from registered
owner to the rightful owner [Esconde v. Barlongay, 1987]
(c) Requisites:
(1) The action must be brought in the name of a person claiming
ownership or dominical right over the land registered in the name of
the defendant; 

ZWENZENS 5
(2) The registration of the land in the name of the defendant was
procured through fraud or other illegal means; 

(3) The property has not yet passed to an innocent purchaser for value;
and 

(4) The action is filed after the certificate of title had already become
final and incontrovertible but within 4 years from the discovery of the
fraud [Balbin v Medalla, G.R. No. L-46410] or not later than 10 years in
the case of an implied trust [New Regent Sources, Inc. v Tanjuatco, G.R. No.
168800]
QUIETING OF TITLE – remedy for the removal of any cloud of doubt or
uncertainty with respect to real property
(a) Who may file: See Sec. 1, Rule 63, ROC
(b) Requisites:
(1) Plaintiff or complainant has a legal or an equitable title to or interest
in the real property subject of the action; and
(2) The deed, claim, encumbrance or proceeding claimed to be casting
a cloud on his title must be shown to be in fact invalid or inoperative
despite its prima facie appearance of validity or legal efficacy.
CANCELLATION OF TITLE – It is initiated by a private party usually in a case
where there are two titles issued to different persons for the same lot. [Agcaoili,
2015]
ACTION FOR DAMAGES - It can be availed of when reconveyance is no longer
possible as when the land has been transferred to an innocent purchaser for value
[Ching v. CA, 1990]
ACTION FOR COMPENSATION FROM THE ASSURANCE FUND
(a) Requisites:
(1) That a person sustains loss or damage, or is deprived of any estate
or interest in land; 

(2) On account of the bringing of land under the operation of the
Torrens System arising after original registration; 

(3) Through fraud, error, omission, mistake or misdescription in a
certificate of title or entry or memorandum in the registration book;
(4) Without negligence on his part; and 

(5) Is barred or precluded from bringing an action for the recovery of
such land or estate or interest therein. [AGCAOILI at 619]
REVERSION - Instituted by the government, thru the Solicitor General in all
cases where lands of public domain are held in violation of the Constitution or
were fraudulently conveyed.
Indefeasibility of title, prescription, laches, and estoppel do not bar reversion suits.
SECTION 33 – APPEAL FROM JUDGMENT
- Judgment and orders of the court are appealable to the Court of
Appeals or to the Supreme Court
PERIOD OF ORDINARY APPEAL
- 15 days from notice of the judgment or final order appealed from
- Record on appeal required: appellant shall file a notice of appeal and a
record on appeal within 30 days from notice of the judgment or final
order
PETITION FOR REVIEW ON CERTIORARI
- Within 15 days from notice of the judgment or final order or resolution
appealed from, or of the denial of the petitioner’s motion for new trial
or reconsideration filed in due time after notice of the judgment
- In the event a motion for reconsideration is filed and the motion is
denied, the party litigant has a fresh period of 15 days from receipt of
the order denying the same to file his notice of appeal or petition
[Neypes v. Court of Appeals]
SECTION 34 – RULES OF PROCEDURE
APPLICABILITY OF ROC
- Rules of Court is applicable to land registration and cadastral cases
o By analogy or in a suppletory character and
o Whenever practicable and convenient
NATURE
of the land subject thereof, and the latter are, on the pain of losing their
claim thereto, in effect compelled to go to court to make known their
claim or interest therein, and to substantiate such claim or interest.
- Unlike other kinds of registration, this is compulsory as it is initiated
by the government.
 - The government does not seek the registration of land in its name. The RA 931, effective June 20, 1953 for five (5) years, authorizing the
objective of the proceeding is the adjudication of title to the lands or reopening of cadastral cases under certain conditions and which had
lots involved in said proceeding. been extended until Dec. 31, 1968, is no longer in force.
Courts are thus without jurisdiction or authority to reopen a cadastral
Ordinary Registration Cadastral Registration proceeding since Dec. 31, 1968. [Aquino, p. 107, citing Republic v. Estenzo,
Voluntary Compulsory 158 SCRA 282, 1988]
Applicant is a person claiming title to Applicant is the Director of Lands
the land < CERTIFICATE OF TITLE >
Usually involves private land; it may All classes of land are covered SECTION 39 – PREPARATION OF DECREE & CERTIFICATE OF
also refer to public agricultural lands (private and public alienable lands) TITLE
if the object of the action is judicial AFTER JUDGMENT
confirmation of imperfect or - Court shall, within 15 days, issue an order directing the Commissioner
incomplete title (in which case CA to issue:
141 applies) o Decree of registration
Applicant comes to court to confirm Government asks the court to settle o Certificate of title
his title and seek registration of the and adjudicate the title of the land - Clerk of Court shall send, within 15 days from entry of judgment,
land in his name certified copies of the judgment and order of court
If the applicant fails to prove his title, In cadastral registration, if the - Commissioner shall prepare decree of registration and original and
application may be dismissed without applicant cannot prove that he is duplicate of the certificate of title
prejudice entitled to the land, the land becomes o Decree: signed by Land Registration Commission
public land. o Original certificate: signed by commissioner and sent (with
Res judicata DOES NOT apply owner’s duplicate) to the Register of Deeds
There IS res judicata. CURTAIN PRINCIPLE
- One does not need to go behind the certificate of title because it
PROCEDURE IN CADASTRAL REGISTRATION: Sec. 35 and 36, PD 1529 contains all the information about the title of its holder
STEP 1: Determination of the President that public interest requires title to SECTION 40 – ENTRY OF ORIGINAL CERTIFICATE OF TITLE
unregistered lands be settled and adjudicated CERTIFICATE OF TITLE
- President then orders the Director of Lands to conduct cadastral - OCT: that issued for the first time after initial registration proceedings
survey - TCT: any subsequent title issued pursuant to any voluntary or
STEP 2: Director of lands shall make a cadastral survey involuntary instrument affecting the property covered by the OCT
STEP 3: Director of Lands gives notice to interested persons TITLE v. CERTIFICATE OF TITLE
Contents of the Notice: - Title: ownership
(a) Day on which the survey will begin - Certificate of title: best proof of ownership; mere evidence but not title
(b) Full and accurate description of the lands to be surveyed to the land itself
STEP 4: Publication of notice SECTION 41 – OWNER’S DUPLICATE CERTIFICATE OF TITLE
(a) Published once in the Official Gazette ISSUANCE
(b) A copy of the notice in English or the national language shall be - Shall be delivered to the registered owner or his duly authorized
posted in a conspicuous place on the bulletin board of the municipal representative
building of the municipality in which the lands or any portion thereof - 2 or more persons are registered owners:
o one owner’s duplicate for the whole land or
is situated 

o separate duplicate be issued to each of them – but all
STEP 5: A copy of the notice shall also be sent to:
outstanding certificates shall be surrendered whenever the
(a) Mayor of the municipality
ROD shall register any subsequent voluntary transaction
(b) Barangay captain
affecting the whole land or part thereof
(c) Sangguniang Panlalawigan and Sangguniang Bayan concerned
SECTION 42 – REGISTRATION BOOKS
STEP 6: Geodetic engineers or other Bureau of Land employees in charge of the
SECTION 43 – TRANSFER CERTIFICATE OF TITLE
survey shall give notice reasonably in advance of the date of the survey
SECTION 44 – STATUTORY LIENS AFFECTING TITLE
They shall also mark the boundaries of the lands with monuments
CERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTED
STEP 7: Interested persons should communicate with the geodetic engineer if he
THEREON
requests for any information about the land
- Every registered owner receiving a certificate of title and every
STEP 8: Actual survey and plotting of the land
subsequent purchaser of registered land for value and in good faith
STEP 9: Director of Lands represented by Solicitor General shall institute original
shall hold the same free from all encumbrances
registration proceedings
- Excepted are:
(a) Petition is filed in the appropriate RTC where the land is situated
o Those noted in the certificate of title
(b) Contents of the Petition:
o The encumbrances enumerated by law
(1) That public interest requires that the title to such lands
- The following may limit the registered owners’ absolute title over the
be settled and adjudicated and praying that such titles be so
property
settled and adjudicated
o Liens, claims or rights existing or arising under the laws or
(2) Description of th elands
the Constitution which are not by law required to appear
(3) Accompanied by a plan thereof 
 of record in the Registry of Deeds;
(4) Such other data as may serve to furnish full notice to o Unpaid real estate taxes levied and assessed within two
the occupants of the lands and to all persons who may years immediately preceding the acquisition of any right
claim any right or interest therein over the land;
STEP 10: Publication, mailing posting o Any public highway or private way established or
STEP 11: Hearing
Jurisdiction of the Cadastral Court:
 recognized by law, or any government irrigation canal or
(1) Adjudicate title to any claimant thereto lateral thereof;
(2) Declare land as a public land o Any disposition of the property or limitation on the use
(3) Order correction of technical description thereof by virtue of PD No. 27 or any other law or
(4) Order the issuance of new title in place of the title issued under regulation on agrarian reform;36
voluntary registration proceedings o Rights incident to the relation of husband and wife, and
(5) Determine the priority of overlapping title (6) Order the partition landlord and tenant;
of the property o Liability to attachment or levy on execution; 

STEP 12: Decision o Liability to any lien of any description established by law
STEP 13: Issuance of the decree and certificate of title on the land and the buildings thereon, or on the interest of
Note : Reopening of cadastral cases no longer allowed the owner on such lands and buildings;

ZWENZENS 6

 o Rights incident to the laws of descent or partition between (1)
A contract between the parties and
co-owners; (2)
Evidence of authority to the Register of Deeds to make
o Taking of the property through eminent domain; registration.
o Right to relieve the land from liability to be recovered by - The act of registration shall be the operative act to convey or affect the
an assignee in insolvency or trustee in bankruptcy under land insofar as third persons are concerned.
the laws relative to preferences; and - Also, by registration, it creates constructive notice to the world.
o Rights or liabilities created by law and applicable to un- - General Rule: A forged deed is an absolute nullity and conveys no
registered land title.
LIEN o Exception: If there is good faith, a TCT has already been
- Charge on property usually for the payment of some debt or obligation issued to the purchaser, the latter being an innocent
- Qualified right or a proprietary interest, which may be exercised over purchaser for value according to Sec. 39, PD 1529, then
the property of another the title is good.
ENCUMBRANCE - General Rule: A person dealing with registered property need not go
- Burden upon land, depreciative of its value, such as a lien, easement, beyond, but only has to rely on, the title. [Campillo v. PNB, 1969] He is
or servitude, which, though adverse to the interest of the landowner, charged with notice only of such burdens and claims which are
does not conflict with his conveyance of the land in fee annotated on the title, for registration is the operative act that binds
SECTION 45 – STATEMENT OF PERSONAL CIRCUMSTANCES IN the property.
THE CERTIFICATE o Exception: When should a purchaser investigate?
CONTENTS (1) Banks are required to exercise more care and prudence
a. full names of all persons whose interest make up the full ownership in in dealing with registered lands for their business is one
the land; affected with public interest. The general rule does not
b. civil status; apply.
c. names of their respective spouses, if married; (2) When party concerned has actual knowledge of facts
d. citizenship; and and circumstances that would impel a reasonably cautious
e. residence and man to make inquiry. [Leung Yee v. Strong Machinery, 1918]
f. postal address. (3) When purchaser is in bad faith; e.g. he had full
a. If the property belongs to the conjugal partnership, the title knowledge of a previous sale. [Jamoc v. CA, 1991]
shall be issued in the names of both spouses. (4) When a person buys land from one whose rights over
SECTION 46 – GENERAL INCIDENTS OF REGISTERED LAND the land is evidenced only by a deed of sale and an
REGISTERED LAND SUBJECT TO BURDENS OR INCIDENTS BY annotation in the certificate of title but no TCT. [Quiniano
OPERATION OF LAW v. CA, 1971]
- Husband and wife TWO TYPES OF DEALINGS
- Landlord and tenant (1) Voluntary Dealings – these are deeds, instruments, documents
- Liability to attachment, levy on execution which are the results of free and voluntary acts of parties thereto.
- Any lien established by law on the land and the buildings thereon (2) Involuntary Dealings – these refer to writ, order, or process
- Eminent domain proceedings issued by the court of record affecting registered land, also other
- Liability in bankruptcy and insolvency proceedings instruments which are not willful acts of the registered owner, executed
SECTION 47 – REGISTERED LAND NOT SUBJECT TO without his knowledge or consent.
PRESCRIPTION
PRESCRIPTION OR ADVERSE POSSESSION VOLUNTARY DEALINGS INVOLUNTARY DEALINGS
- Once registered, title to the land is imprescriptible Presentation of the owner’s duplicate Entry in the day book of ROD is
- No one may acquire it from the registered owner by adverse, open, and certificate of title is required to notify; sufficient notice to all persons
notorious possession mere entry in the day book of the
- Prescription is unavailing not only against the registered owner but also Register of Deeds (ROD) is
against his hereditary successors insufficient
SECTION 48 – CERTIFICATE NOT SUBJECT TO COLLATERAL An innocent purchaser for value of Lenin v. Bass, (1952): Entry thereof in
ATTACK registered land becomes the the day book of the ROD is sufficient
DIRECT PROCEEDINGS ONLY registered owner the moment he notice to all persons even if the
- A certificate of title, once registered, cannot be impugned, altered, presents and files a duly notarized owner’s duplicate certificate of title is
changed, modified, enlarged, or diminished except in a direct and valid deed of sale and the same is not presented to the ROD.
proceeding permitted by law entered in the day book of the ROD
- The efficacy and integrity of the Torrens system must be protected and at the same time he surrenders or
- DIRECT: object of the action or proceeding is to annul or set aside presents the owner’s duplicate
such judgment, or enjoin its enforcement certificate of title covering the land
- COLLATERAL: when, in an action to obtain a different relief, an sold and pays the registration fees.
attack on the judgment is nevertheless made as an incident thereof Villasor v. Camon, (1951): It is Dir. Of Lands v. Reyes, (1976): Entry in
SECTION 49 – SPLITTING, OR CONSOLIDATION OF TITLES necessary to register the deed or the day book of the ROD is sufficient
SECTION 50 – SUBDIVISION AND CONSOLIDATION PLANS instrument in the entry book of the notice to all persons of an adverse
SUBDIVISION OF REGISTERED LAND ROD and a memorandum thereof claim without the same being
- If you want to subdivide a registered land, you must submit to the Land shall also be made in the owner’s annotated at the back of the
Registration Authority a subdivision plan of the land, together with the duplicate certificate and its original certificate of title
approved technical descriptions and the corresponding owner’s Spouses Labayen v. Leonardo Serafica, AFP Mutual Benefit Association v.
duplicate certificate of title (2008): At the time of the filing of the Santiago, (2008): Entry of the
- The plan shall distinctly and accurately delineate all boundaries, streets, petition for cancellation of attachment in the books is sufficient
passageways and waterways, if any encumbrance, the lease contract notice to all persons. Hence, the fact
- The Register of Deeds shall thereupon register the subdivision plan already lost its efficacy. Thus, there is that the deed of sale was already
without need of prior court approval and issue a new certificate of title no basis to save its annotation on annotated is of no moment with
for the land as subdivided defendant’s title. The fact that the regard to third persons. The
cancellation of the lease contract was preference created by the levy on
< SUBSEQUENT REGISTRATION > forged is of no moment, for there was attachment is not diminished by the
Subsequent registration - a proceeding where incidental matters AFTER original no violation of a right. subsequent registration of the deed of
registration may be brought before the land registration court by way of motion or sale.
petition filed by the registered owner or a party in interest
NECESSITY AND EFFECTS OF REGISTRATION [Sec. 51 and 52, PD 1529] < VOLUNTARY DEALINGS >
- The deed, mortgage, lease, or other voluntary instrument, except a will REGISTRATION OF VOLUNTARY INSTRUMENTS IN GENERAL
shall ONLY operate as: PROCESS OF REGISTRATION [SEC. 55, PD 1529]

ZWENZENS 7

 1) The deed or other voluntary instrument must contain:
(a) The following details of the grantee or other person acquiring or
claiming interest:
(1) Full name
(2) Nationality
(3) Residence
(4) Postal address
(5) Civil status (if married, include name in full of spouse)
(b) If grantee is a corporation: It must contain a recital showing that
such corporation or association is legally qualified to acquire private
lands
2) File instrument creating or transferring interest and certificate of title
with Register of Deeds together with:
(a) Owner’s duplicate - the issuance of a new transfer certificate
without presentation of an owner’s duplicate is unwarranted and
confers no right on the purchaser [PNB v. Fernandez, 1935]
(b) Payment of fees & documentary stamp tax -
(c) Evidence of full payment of real estate tax REGISTRATION OF TRUSTS
(d) Document of transfer – 1 copy additional for city/provincial
assessor 
 (1) A memorandum by the words “in trust” or “upon condition” or
3) Payment of fees and DST
a. After payment of entry fee the Register of Deeds shall
enter the instruments in a primary entry book [Sec. 56, PD
1529] 
 condition or limitation expressed therein, or
b. The national, provincial and city governments are
exempted from payment of entry fees 
 such land without transfer [Sec. 65, PD 1529]
c. RA 456 prohibits registration of documents affecting real
property which is delinquent in the payment of real estate
taxes. Further, if evidence of such payment is not presented
with 15 days from the date of entry of said document in
the primary entry book of the register of deeds the entry
shall be deemed cancelled.

4) Entry of the Instrument in the Primary Entry Book: Instruments are
regarded as registered from the time the Register of Deeds enters them
in the book
5) TCT shall then be issued
REGISTRATION OF DEALINGS LESS THAN OWNERSHIP [SEC. 54, PD
1529]
- If an instrument does not divest ownership or title from owner or from
transferee of the registered owners, then NO NEW CERTIFICATE
shall be entered or issued.
PROCESS OF REGISTRATION FOR DEALINGS LESS THAN
OWNERSHIP
1. Filing of the instrument with the Register of Deeds
2. A brief memorandum thereof is made:
(1) On the certificate of title by the Register of Deeds and
signed by him, and
(2) On the owner’s duplicate
3. Cancellation or extinguishment of such interests shall be registered in
the same manner.
REGISTRATION OF DEEDS OF SALE AND TRANSFERS
(a) If ENTIRE property is the subject [Sec. 57, PD 1529]
a. Owner executes and registers the deed which must be
sufficient in form. 
 (1) Copy of writ in order to preserve any lien, right or attachment upon registered
b. A new certificate of title is issued and Register of Deeds
prepares and delivers to grantee his owner's duplicate
certificate
c. Register of Deeds notes upon the OCT and the duplicate
certificate the date of transfer, the volume and page of the
registration book where the new certificate is registered
d. The original and the owner's duplicate of the grantor's
certificate shall be stamped "cancelled".
e. The deed of conveyance shall be filed and indorsed with
the number and the place of registration of the certificate
of title of the land conveyed.
(b) If ONLY A PORTION of property is the subject [Sec. 58, PD 1529]
a. Include a plan which shows all the portions already
subdivided with verified and approved technical
description.
b. That plan with the certified copy of the technical
descriptions shall be filed with the Register of Deeds for
annotation in the TCT.
c. Register of Deeds shall issue a TCT and cancel the
grantor's certificate partially OR it may be cancelled totally
ZWENZENS 8
and a new one issued describing therein the remaining
portion
(c) If there are SUBSISTING encumbrances and annotations:
- They shall be carried over in the new certificate or certificates; except
when they have been simultaneously discharged.
REGISTRATION OF MORTGAGES AND LEASES [SEC. 60, PD 1529]
- Sec. 60, PD 1529 provides that mortgages and leases shall be registered
in the manner provided in Sec. 54 (Dealings less than ownership)
- The deed shall take effect upon the title only from the time of
registration.
- When a deed of mortgage is presented, the Register of Deeds will enter
upon the OCT and upon the owner’s duplicate a memorandum thereof
and shall sign said memorandum.
REGISTRATION OF POWERS OF ATTORNEYS [Sec. 64, PD 1529]
- Powers of attorney and revocations shall be registered with the
Register of Deeds of the province or city where the land lies.
Any instrument revoking such power shall be registered in like manner.
Registration is by memorandum:
other apt words is made if a deed or other instrument is filed in order
to:
(a) Transfer registered land in trust, or upon any equitable
(b) Create or declare a trust or other equitable interests in


(2) A memorandum by the words “with power to sell,” or “power to
mortgage” or other apt words is made when:
The instrument creating or declaring a trust or other
equitable interest contains an EXPRESS POWER to sell,
mortgage, or deal with the land in any manner
However, if an implied or constructive trust is claimed, person claiming such must
execute a sworn statement thereof with the Register of Deeds, containing a
description of the land, the name of the registered owner and a reference to the
number of the certificate of title. Such claim shall not affect the title of a purchaser
for value and in good faith before its registration. [Sec. 68, PD 1529]
< INVOLUNTARY DEALINGS >
The following involuntary dealings affecting registered land must be registered:
(1) Attachments [Sec. 69, PD 1529]
(2) Adverse claim [Sec.70, PD1529]
(3) Sale on execution or for taxes or for any assessment [Sec. 74, PD
1529]
(4) Notice of lis pendens [Sec. 76, PD 1529]
REGISTRATION OF ATTACHMENT
- Attachment is 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
PROCESS OF REGISTRATION
land shall be filed with the Register of Deeds where the land lies, containing
number of certificate of title of land to be affected or description of land [PD 1529,
Sec 69] 

(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
(a) If duplicate of certificate of title is not presented:
(i) 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
(ii) If owner neglects or refuses – Register of Deeds shall report matter
to court.
(b) Court after notice shall enter an order to owner to surrender certificate
at time & place to be named therein.
(3) 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
DUTY OF REGISTER OF DEEDS
Duty is ministerial but may refuse registration in the following circumstances: When notice of lis pendens is proper: (1) To recover possession of real estate
(2)
1) Title to land is not in the name of defendant Exception: If petitioner To quiet title
(3) Toremovecloudsuponthetitlethereof (4) For partition
is an heir (Exception: if petitioner is an heir) (5) Other proceedings of any kind in court directly affecting the title to land or the
2) No evidence is submitted to show that he has present or possible use or occupation thereof or the buildings thereon
future interest in land When notice of lis pendens is NOT proper:
REGISTRATION OF ADVERSE CLAIM
 (1) Proceedings for the recovery of money judgments
A claim is adverse when: [Sec. 70, par. 1, PD 1529] (2) Attachments
1) Claimant’s right or interest in registered land is adverse to the . (3) Proceedings on the probate of wills 

registered owner, and . (4) Administration of the estate of deceased persons 

2) Such right arose subsequent to date of original registration, and . (5) Levies on execution 

3) No other provision is made in the Decree for the registration of such
. (6) Foreclosure 

right or claimant 
 PROCESS OF REGISTRATION: BY MEMORANDUM OR NOTICE
REQUISITES FOR REGISTRATION OF AN ADVERSE CLAIM: STATING
(1) The adverse claimant must give a statement of the following in writing: (1) The institution of the action or proceeding
. His alleged right or interest 
 (2) The court wherein the same is pending
. How and under whom such alleged right or interest is (3) The date of the institution of the action
acquired (4) Reference to the number of the certificate of title
. The description of the land in which the right or interest is (5) Adequate description of the land affected and registered owner
claimed and thereof
. The number of the certificate of title 
 OTHER PARTIES WHO NEED TO REGISTER
(2) The statement must be: 
 1. Assignee in involuntary proceeding for insolvency
. Signed by the adverse claimant (1) Duty of the officer serving notice to file a copy of the
. Sworn before a notary public 
 notice to the Register of Deeds where the property of
(3) The statement must also state his residence or the place to which all debtor lies 

notices may be served upon him. [Lozano v Ballesteros, G.R. No. 49470 (2) Assignee elected or appointed by court shall be entitled to
(1991)] entry of new certificate of registered land upon
DURATION OF AN ADVERSE CLAIM presentment of copy of assignment with bankrupt’s
a) 30 days from the date of registration certificate of title (duplicate) 

b) After that the annotation of adverse claim may be cancelled upon filing (3) New certificate shall note that it is entered to him as
of a verified petition by the party in interest. assignee or trustee in insolvency proceedings
c) When cancelled, no second adverse claim based on the same ground 2. Government in eminent domain
may be registered by the same claimant. (1) Copy of judgment shall be filed in the Register of Deeds
Adverse claim is not ipso facto cancelled after 30 days, hearing is which states description of property, certificate number,
necessary. [Sajonas v CA, G.R. No. 102377 (1996)] interest expropriated, nature of public use
REGISTRATION OF EXECUTION AND TAX DELINQUENCY SALES (2) Memorandum shall be made or new certificate of title shall
EXECUTION SALE be issued
(1) To enforce a lien of any description on registered land, any execution or EFFECT OF REGISTRATION
affidavit to enforce such lien shall be filed with Register of Deeds where the land 1) Impossibility of alienating the property in dispute during the pendency
lies 
 of the suit – may be alienated but purchaser is subject to final outcome
(2) Register in the registration book & memorandum upon proper certificate of of pending suit
title as adverse claim or as an encumbrance 
 2) Register of Deeds is duty bound to carry over notice of lis pendens on
(3) To determine preferential rights between 2 liens: priority of registration of all new titles to be issued
attachment 
 CANCELLATION OF LIS PENDENS [Sec. 77, PD 1529]
TAX SALE 1) Before final judgment – court may order cancellation after showing
(a) Sale of land for collection of delinquent taxes and penalties due the that notice is only for the purpose of molesting an adverse party or it
Government is not necessary to protect the rights of the party who caused it to be
(b) In personam (all persons interested shall be notified so that they are given registered
opportunity to be heard) 2) Register of Deeds may also cancel upon verified petition of the party
who caused such registration
(1) Notice to be given to delinquent tax payer at last known address 

3) Deemed cancelled when certificate of clerk of court stating manner of
(2) Publication of notice must also be made in English, Spanish & disposal of proceeding is registered
local dialect & posted in a public & conspicuous place in place wherein
property is situated & at the main entrance of the provincial buildings
(c) Sale cannot affect rights of other lien holders unless they are given the right to
defend their rights: due process must be strictly observed
(d) Tax lien superior to attachment
Note: No need to register tax lien because it is automatically registered once the
tax accrues. However, sale of registered land to foreclose a tax lien needs to be
registered.
PROCESS OF REGISTRATION
(1) Officer’s return shall be submitted to Register of Deeds together with duplicate
title
(2) Register in the registration book
(3) Memorandum shall be entered in the certificate as an adverse claim or
encumbrance
(4) After the period of redemption has expired & no redemption (2 years from
registration of auction sale) is made: cancellation of title & issuance of a new one
(5) Before cancellation, notice shall be sent to registered owner: to surrender title
& show cause why it shall not be cancelled
N o t e : Actual knowledge of a person is equivalent to registration as against him
REGISTRATION OF NOTICE LIS PENDENS
Purpose of notice of lis pendens: To keep the subject matter within the power of the
court until the entry of final judgment. It therefore creates merely a contingency &
not a lien.

ZWENZENS 9