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IDENTIFICATION 14. Protect the interests of strangers to the


transaction
3 sources of title
Legarda v Saleeby (1915)
1. Court
Purposes of Land Registration: QUIP-CC
2. DENR
1. To quiet title to the land and to stop forever any
question as to the legality of said title
3. DAR 2. To relieve the land of unknown claims
3. To guarantee the integrity of land titles and to
*Additional Answer: NCIP protect their indefeasibility once the claim of
ownership is established and recognized
Land Title 4. Refers to that which upon ownership is 4. To give every registered owner complete peace
based. It is evidence of the right of the owner or the of mind
extent of his interest, and by which means he can 5. To issue a certificate of title to the owner which
maintain control, and as a rule, assert right to exclusive shall be the best evidence of his ownership of
possession and employment and enjoyment of property. the land
6. To avoid conflicts of title in and to real estate
Deed 5. A written instrument executed in accordance and to facilitate transactions.
with law, wherein a person grants or conveys to another
certain land, tenements or heriditaments.
12“PRESIDENTIAL DECREE No. 1529 AMENDING
6. In the Saleeby case, there exists and has existed a AND CODIFYING THE LAWS RELATIVE TO
REGISTRATION OF PROPERTY AND FOR OTHER
number of years a stone wall between the said lots
PURPOSES” This decree shall be known as the Land
and is located on the lot of the plaintiffs.
Registration Decree.
Two types of Torrens Certificate of Title:
13. Judicial proceedings for the registration of lands
7. Original Certificate of Title throughout the Philippines shall be in rem and
shall be based on the generally accepted principles
8. Transfer Certificate of Title
underlying the 14 Torrens system.

Robert Richard Torrens 9. The complete name of


15. Land Registration Authority Agency of the
an Irishman who became premiere of South Australia -
gov’t charged with the execution of laws relative to the
then a colony of Great Britain in 1858 when he was
registration of lands and under executive supervision of
Register of Deeds. He developed the system by applying
DOJ.
principles that were used in the registration and transfer
of ships (merchants shipping act) 16.Register of Deeds The public repository of
Modes of registering title: records of instruments affecting registered or
unregistered lands and chattel mortgages in the province
10. Judicial – Courts or city wherein such office is located

17. The function of the Register of deeds with reference


11. Administrative – DENR, CAR, NCIP
to the registration of deeds, encumbrances, instruments
Purpose of registration and the like is ministerial in nature.

12. Serve as a constructive notice Modes of acquiring Land Titles

18.
13. Prevent fraudulent claims
19.

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20. 7. Descent or devise

Answers: 8. Emancipation patent

1. Public grant

2. Prescription Regalian Doctrine 26 a time-honored Constitutional


precept that all lands of the public domain belong to the
3. Accretion state, and that the state is the source of any asserted
right to ownership in land and charges with the
4. Reclamation conservation of such patrimony.

5. Voluntary transfer In public law between the government authority


possessed by the state which is appropriately embraced
6. Involuntary alienation in the concept of sovereignty, and its capacity to own or
acquire property, it is not inappropriate to pursue the
7. Descent or devise matter further. The former comes under the heading of
27 Imperium and the latter of Dominium. The use of
8. Emancipation patent
this term is appropriate with reference to lands held by
the state in its proprietary character. In such capacity, it
may provide for the exploitation and use of lands and
Innocent Purchaser 21 is one who buys the property other natural resources, including their disposition,
except as limited by the Constitution.
of another, without notice that some other person has a
right or interest in the property, for which a full and fair
28 Accretion when soil and earth, weeds and other
price is paid by the buyer at the time of the purchase or
deposits are washed away from other places and
before receipt of any notice of claims or interest of some
gradually settle down and attach themselves to one’s
other person in the property.
land that used to border on stream or local body of
Modes of acquiring land titles water.

22. Types of prescription:

23. 29. Acquisitive Prescription

24. 30. Extinctive Prescription

25. The 1987 constitution of the Philippines, the supreme


law of the Philippines stipulates that lands of the public
Answers:
domain are classified into:
1. Public grant
31. Agricultural Lands
2. Prescription
32. Mineral Lands
3. Accretion
33. Forests or Timber
4. Reclamation
34. National Parks
5. Voluntary transfer
(Source: Article XII Section 3)

6. Involuntary alienation 35. Open when it is patent, visible, apparent, notorious


and not clandestine.
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36. Continuous _when uninterrupted, unbroken and 2. Tracing cloth plan and blue print copies of plan in
not intermittent or occasional application for judicial confirmation of titles, the
submission of original tracing cloth plan of the land
37. exclusive when adverse possessor can show approved by the Director of Lands is a statutory
exclusive dominion over the land and appropriation of it requirement of MANDATORY character (Director of
to his own use and benefit. Lands v. Reyes, November 28, 1975)

38 notorious when it is so conspicuous that it is 3. Tax declaration


generally known and talked of by the public or the
people in the neighborhood. Alternative answer:

Specific evidence: Best proof of the identity of the land:

That the land applied for has been Declassified and is a 1. The survey plan
public agricultural land, is alienable and disposable, or
otherwise capable of registration. 2. the tracing cloth plan

39.
3. the blue print copies
40.
4. the technical description
41.
5. the tax declaration in itself
42.
6. boundaries of the area
Answers:

1. Presidential proclamation
2. Executive Order The application and his predecessors-in-interest have
3. Administrative Order issued by the been in open, continuous, exclusive and notorious
possession and occupation of the subject land.
Secretary of DENR
4. Bureau of Forest Development Land 45.
Classification Map
46.
5. Certification by Director of Forestry
6. Investigation reports of Bureau of WAYS TO PROVE:
Lands
1. Tax declaration
7. Legislative act or by statute
2. tax payment
8. Technical description of the land
3. presidential issuance
9. Tax declaration
4. legislative acts
10. Boundaries and area
5. other proofs
The identity of the land 6. testimonial evidence
7. barangay certification
43.

44.
47. The remedy for aliens as to ownership of land, as
Answers:
stated in Krivenko v, ROD, viz “should foreigners desire
here forever and share fortunes and misfortunes,
1. Survey plan in general
Filipino citizenship is not impossible to acquire.

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48 "Parity Amendment" to our constitution, citizens


of the United States and corporations and business
enterprises owned or controlled by them cannot acquire
and own, save in cases of hereditary succession, private
agricultural lands in the Philippines and that all other
rights acquired by them under said amendment will
expire on July 3, 1974

The estate

49. The estate of Jose Eugenio Ramirez has the


following principal beneficiaries, namely: his French
widow Marcelle Demoron de Ramirez, his two
grandnephews Roberto and Jorge Ramirez; and his
Austrian companion Wanda de Wrobleski.

50 Corporation Sole is a special form of corporation


usually associated with the clergy.

51 Corporation Aggregate an unregistered


organization operating through trustees

52 Section 5 of Republic Act (R.A.) No. 8179,any


natural-born citizen who has lost his Philippine
Citizenship and who has the legal capacity to enter into
a contract under Philippine Laws may be a transferee of
a private land up to a maximum area of 5,000 square
meters in the case of urban land or 3 hectares in the
case of 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; Provided,
that if both shall avail of the same, the total area
acquired shall not exceed the maximum herein fixed.

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