REGISTRATION OF LAND TITLES

AND RELATED TRANSACTIONS

(P.D. 1529)
WITH LATEST JURISPRUDENCE AND
SURVEY OF BAR QUESTIONS IN LTD
(2003 – 2014)

Prof. Rodlofo C. Sabio, LlB; MPA

University of the Philippines
INTRODUCTION
PART I.REGISTRABILITY OF LANDS
A. LANDS THAT CAN BE REGISTERED (2007 Bar Question)
• Land of Public Domain (A & D)
• Private Land
• (Pls see Fig. 1)
‘
B. LANDS THAT CANNOT BE REGISTERED

1.PROPERTY OF PUBLIC DOMAIN*

• reserved for public use; and
• unappropriated land which are inalienable and non-
disposable (See Fig. 1)
• ROPERTY OF PUBLIC DOMINION* :
• intended for public use, such as roads,etc
without being for public use, and are intended for some
public service ( Arts. 419-420 Civil Code)
• Roppongi Property is still part of public domain*

• The RP Roppongi property in Japan was put up for sale as it was not
anymore used to house the Philippine Embassy .
• The Supreme Court held that the it is still considered as property of
public dominion until declared otherwise.

• Communal Public property can’t be sold

The sale of communal or public property, such as plazas,
streets, was null and void, for it is contrary to law.( Municipality of
Cavite vs. Rojas ,30 Phil
 •RECLAIMED LANDS

• Nature of Reclaimed Lands (2007 BAR Question)

• Reclaimed lands are still part of public domain and can not be held by
private corporation except by lease. (Chavez v. Public Estates Authority
and Amari Development Corporation , 384 SCRA 152)
• Reclaimed lands issued with Patents to an End User
no longer part of public domain due to:

1. Presidential proclamations (No. 39) and MO 415 classifying the

reclaimed lands across R-10 as alienable or disposabl, and Special
Patents Nos. 3591, 3592, and 3598 issued by the DENR classified the
reclaimed areas as alienable and disposable; and

• 2. Even if no explicit declaration there was implicit executive

declaration that the reclaimed areas R-10 are not necessary
anymore for public use or public service. Chavez v. RII Builders and
NHA (G.R. No 164527. August 15, 2007)
PART II. SYSTEMS OF REGISTRATION
SYSTEMS OF REGISTRATIONS

1. ORIGINAL SYSTEM OF REGISTRATION OF TITLE UNDER THE

TORRENS SYSTEM
2. CADASTRAL SYSTEM OF REGISTRATION
3. REGISTRATION UNDER THE PUBLIC LAND ACT; AND
4. REGISTRATION UNDER THE SPECIAL LAWS
• II.A. TORRENS SYSTEM OF REGISTRATION*

• . Involves an issuance by the government, upon appropriate

proceedings, of an official certificate of title attesting that the person
named in the said certificate is the real owner. Its adoption is declared
valid by the SC (Grey Alba v. Dela Cruz (17 SCRA 49).
• Purpose is to quiet title to land (Sec. 31, par. 2, PD 1529); meaning to
put to a stop any question on the legality of the title. ( Legende v. Prieto,
30 Phil. 390)
• Does not operate to shield the commission of fraud, nor allows one
one to enrich himself at the expense of other.
• NATURE OF THE PROCEEDINGS
.
• Judicial proceedings for the registration of lands throughout the
Philippines shall be in rem and shall be based on the generally
accepted principles underlying the Torrens System. (Sec. 2, PD 1529)

• RTC’s jurisdiction is exclusive over all applications for original

registration of title to lands, including improvements and interest
therein (Id.) In case of Averia v. Cagguioa (146 SCRA 459 )the
Supreme Court held that the RTC is now authorized to hear and
decide not only such non-controversial cases but even the
contentious and substantial issues.
PART II.B REGISTRATION PROPER
WHO MAY APPLY FOR REGISTRATION ?
1 .Possessors and Occupants of:
A& D Public land
- have been in open, continuous, exclusive and notorious
possession and occupation (OCENPO)
Private land
- by right of prescription
- abandoned river bed
- by right of accession or accretion
- ownership any other manner under the law
(Sec 14, PD 1529)
 PUBLIC AGRICULTURAL LAND MUST BE A&D AT TIME OF
REGISTRATION

• Section 14.1 merely requires that the property sought to be

registered is already alienable and disposable at the time the
application for registration of title is filed. Republic v. Court of
Appeals and Naguit, (GR No. 144057, Jan. 17, 2005, 448 SCRA
442)*
•
 POSSESSION CAN BE TACKED; OWNERSHIP CLAIM BE BONA
FIDE

• The present possessor may complete the period necessary for

prescription by tacking the possession of predecessor-in-interest
Article 1138 of the Civil Code

• Good faith consists in the reasonable belief that the person from
whom he received the thing was the owner thereof and could
transmit his ownership.
CLAIM OF OWNERSHIP OF INALIENABLE FOREST LANDS
CAN NOT BE CONFIRMED

• In case of DENR Versus Yap, et. Al (G.R. 1677707, Oct. 8, 2008), the
Supreme Court held that Except for lands already covered by
existing titles, Boracay was an unclassified land of the public
domain prior to Proclamation No. 1064

• Such unclassified lands are considered public forest under PD No.

705 hence, all unclassified lands, including those in Boracay Island,
are ipso facto considered public forests and occupants thereof cant
apply for confirmation of title.*
2. OWNERSHIP BY WAY OF ACQUISITIVE PRESCRPTION
(Sec. 14.2, 2008 Bar )

- ON UNREGISTERED PRIVATE LANDS

• Ownership and other real rights over immovable property are
acquired by ordinary prescription through possession of ten years
in good faith and with just title. (Art. 1137)
• Ownership and other real rights over immovable also prescribe
through uninterrupted adverse possession thereof for thirty
years, without need of title or of good faith. (Ibid.)
EXCEPTION
• As a rule, prescription does not run against the State, unless law
itself expressly provides. (e.g. Sec. 14.1; Sec 48(B), CA 141); CF:
Agcaoile, supra)
 PRIVATE LANDS MAY INCLUDE A&D PUBLIC LANDS POSSESSED AND
OCCUPIED AFTER JUNE 12, 1945

. Possession of the alienable and disposable public land for more than 30
years, which is characterized as open, continuous, exclusive, and
notorious, in the concept of an owner ripens into private ownership (
Buenaventura v. Republic, (GR No. 166865, Mar. 2, 2007, 517)*

. PRESCRIPTION DOES NOT APPLY TO PRIVATELY TITLED LANDS, EXCEPTION: LACHES

(2008 BAR QUESTION)**insert case
3. ABANDONED RIVER BED, ACCRETION AND ACCESSION (SEC. 14.3)
• RIVER BEDS WHICH ARE ABANDONED through the natural change in the course
of the waters ipso facto belong to the owners whose lands are occupied by the new
course in proportion to the area lost. ( Article 461, CC)
- When river is brought back to its former course by act of man, there in no
abandonment (Panlilio vs. Mercado, (44 Phil. 695)

• ACCESSION NATURAL
- Accession natural may take place by: (1) alluvion (Art. 457); (2) avulsion (Art. 459);
(3) change of course of rivers (Arts. 461-462; and (4) formation of islands (Arts. 464-
465).
• -ACCRETION WHICH GRADUALLY DEVELOPED BELONGS TO THE RIPARIAN OWNERS, BY THE
PRINCIPLE OF ALLUVION. ( ART. 457, C). Added lands not an accretion can not be
registered (Republic v. CA and Tancinco, GR No. 166865)*
• ACCRETION DEVELOPED IN THE MIDDLE OF THE RIVER

• In the case of Roxas vs. Tuason, (9 Phil. 408) – When the boundary
between two estates is river or a stream, the bed of which belongs to
neither of them, the gradual increase of one side is for the benefit thereof
and does not prejudice the property on the opposite side.( Roxas vs.
Tuason, 9 Phil. 408)
 .

• ACCRETION MUST BE REGISTERED (2008 BAR)

An accretion does not automatically become registered land, just
because the lot which receives such accretion is covered by a Torrens
title. (Grande vs. Court of Appeals, 5 SCRA 524)
 • PRINCIPLE OF ALLUVION ( Art. 457 CC)

.
- The accretion or alluvion is the gradual and imperceptible addition to the
banks of rivers (3 Manresa, the Ed. 235 cited by Padilla) The requisites are:
1. that the accretion takes place on the land adjacent to the banks of rivers, a
(2) the accretion is due to the gradual action of the current of the rivers(Delgado
v. Samonte (10 CA, Rep. 51)
OWNER OF SEGREGATED LAND MUST BE RECOVERED IN 2 YEARS

-When a known portion of land (avulsion) is transferred to another

estate, through the current of the river , ownership of such segregated
portion is retained by ita owner provided that he removes the same
within two years. (ART. 459,CC)

-Avulsion takes place “when the current of a river, creek, or torrent

segregates from an estate on its bank, a known portion of land and
transfer it to another estate

-Presumption in favour of alluvion not avulsion (Payatas Estate

Improvement Co. vs. Tuason, 53 Phil. 55)
.
4. ACQUISITION OF OWNERSHIP IN ANY OTHER MANNER PROVIDED BY
LAW( Sec 14.4)

. Reservation for specific public purpose by Proclamation

-The proclamation legally effected a land grant to the Mindanao Medical
Center validly sufficient for initial registration under the Land Registration Act
(Property Registration decree). *

Purchase of a right over an unregistered land (sale; succession, donation,

etc.
C. REGISTRATION PROCEEDINGS UNDER P.D. 1529

• . Nature of Proceedings is IN REM

• Judicial proceedings for the registration of lands throughout the Philippines
shall be in rem and shall be based on the generally accepted principles
underlying the Torrens System.(Sec. PD 1529)
• The RTC shall have exclusive jurisdiction (ibid.)

• . What is meant by a proceeding in rem?*

• a proceeding in rem deals with a tangible res , instituted and carried
to judgment without personal service upon claimants within the states or
notice by name to those outside it... Jurisdiction is secured by the power of
the Court over the res.
• SYSTEM OF ORIGINAL REGISTRATION COMPARED WITH JUDICIAL
CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE

• The Public Land Act (CA No. 141), as amended, governs lands of the
public domain, except timber and mineral lands, friar lands, and
privately-owned lands which reverted to the State.*
• .
• SECTION 14.1 OF PD 1529, HAS ALREADY INCORPORATED THE
PROVISIONS OF CA 141
•
• This provision is basically the same with that of Section 14.1 of PD
1529. (Agcoile, p. 101)
• JUDGEMENT CONFIRMS TITLE ( SEC. 30, P.D. 1529)

- After trial, the RTC renders a judgement declared that the title of
the applicant ( or the oppositors as the case may be), is confirmed.
(Note: No confirmation if land is not A&D, Bracewell Vs. CA)*

• THE JUDGEMENT CONFORMS WITH THE PROVISION OF SEC 48 (B) OF

CA 141

• NO JUDICIAL CONFIRMATION OF INCOMPLETE TITLES TO PUBLIC LAND

BASED ON IMPERFECT SPANISH GRANTS**
 • .
• APPLICATION FOR FILING OF JUDICIAL CONFIRMATION IS EXTENDED TO
2020nder 1st bullet: Under RA No. 9176, dated November 13, 2002, has
extended the period to file an application for judicial confirmation of
imperfect or incomplete titles to December 31, 2020

• AREA TO BE APPLIED FOR JUDICIAL CONFIRMATION

• The law (CA 141) limited the area applied for to 12 hectares and
provided that all pending applications filed before the effectivity of the
amendatory Act shall be treated as having been filed in accordance with
the provisions thereof.
E. PROCESS FLOW OF REGISTRATION

The procedures for Original System of Registration are provided

Under P.D. 1529 (Sections 15-30 , PD 1529)

• The following figure shows the steps involved in bringing the land
under the operation of the Torrens System. (see Fig. 2)
• .
• PROCESS FLOW OF REGISTRATION UNDER THE TORRENS SYSTE

1. Preparatory Steps before Filing of Petition

2. Filing of the Application

3. Action of the Court

PROCESS FLOW (CTD.)

. 4. Publication

5. Filing of the Answer/Opposition

6. Hearing Proper

7. Promulgation of Judgment By the court

.
PROCESS FLOW (CTD.)

8. issuance of an order for the issuance of a Decree of Registration

(judgment is final and executory),

9. Entry of the Decree of Registration

10. The copy of the Decree of Registration is sent to the Register of

Deeds; (subject to the available remedies) Register of Deeds

11. LRA issues the Certificate of Title (Sec. 31 P.D. 1529) (See Fig. I)
PART II. 2 CADASTRAL SYSTEM OF
REGISTRATION, & OTHER SYSTEMS OF
REGISTRATION
PART II.B CADASTRAL SYSTEM OF REGISTRATION

• The President orders the conduct of Cadastral Registration when public interest
requires it (Sec.35, Pd 15290

•The purpose is for the settlement and adjudication of issues involving unregistered
lands through cadastral proceedings

•STEPS:
1. the Director of Lands of the DENR conducts a Survey;

2. Filing of the Petition; notice and Publication

• CADASTRAL SYSTEM (CTD)

3. To allege public interest to settle and adjudicate issue of ownership

4. Filing of answer; hearing

5 . Judgment
• .Decision of the cadastral court is considered res judicata
(Rodriguez v. Toreno, 79 SCRA 357) except declaration that the land
is public land ( Dir. Of land Vs. Court of Appeals and Pastor (106
SCRA 126)
II .B. SYSTEM OF REGISTRATION UNDER THE PUBLIC LAND ACT (CA 141)

• Title to the public land maybe be disposed through administrative proceedings in

certain forms of concession:
1. homestead settlement, 2 )sale, 3.lease,and 4. confirmation of incomplete or
imperfect title through administrative legalization. (Chapters 1V,V, V11, and X11)

• Whenever public lands are alienated the same shall be brought within the
Torrens system ( Sec. 22, CA 141)
11. C. SYSTEM OF REGISTRATION UNDER SPECIAL LAWS

1. Indiginous People’s Right Act ( RA 8371)

- provides for the recognition of ancestral domains claims and
registration of the indigenous people’s right of ownership over
ancestral and ancestral domain by virtue of native title
- Also, by registration under any of the modes under the Torrens
System (CA 141, or Act 496 as amended or under the Property
Registration Decree , PD 1529)
•
• CONSTITUTIONALITY OF IPRA

- The IPRA is Constitutional and does not violate the regalian

doctrine because it does not negate a native title held in private
ownership( Cruz v. Secretary of the DENR , 347 SCRA 128)*

2. Republic Act 6657 as amended (Comprehensive Agrarian

Reform Law); Presidential Decree 27
- Original registration will apply only if the lands are still
unregistered. ( If already registered they are governed by the rules
of registration for subsequent transactions).
PART I11. REMEDIES
 REMEDIES (CTD.)

1. REOPENING OF THE DECREE OF REGISTRATION

• Rule: the Decree shall not be reopened except only for reason of actual
fraud* but it should be brought within the period of one (1) year from the
issuance and registration the decree.(Sec 32, PD 1529)

- Review is no longer available when one year has lapsed or even within
the period if property was passed to an innocent purchase for value
(IPV) (Ibid.)

- An IPV is a purchaser in good faith and for value i who buys a property of
another, without notice of the defect that at the time of such purchase,
(San Roque Realty and Development Corporation V. Republic (GR No.
163130, Sept. 7, 2007)**
REMEDIES (CTD.)

2. ACTION FOR RECONVEYANCE (2003 BAR)

- If the property has not yet passed to an innocent purchaser for
value, an action for reconveyance is available as remedy
Basis : Law and Equity
Section 53 of P.D. 1529 provides as follows:
“In all cases of registration procured by fraud, the owner may
pursue all his legal and equitable remedies against the parties to such fraud .
..”
This is without prejudice to the right of an IPV*
 • REMEDIES (CTD); RECONVEYANCE

• GROUNDS: Actual Fraud (Sec. 32) or Implied or Constructive Trust

- If property is acquired through mistake or fraud, the person obtaining it
is, by force of law, considered a trustee or an implied trust for the
benefit of the person from whom the property comes (Sec. 1456, CC)

• PRESCRIPTIVE PERIOD:

-on ground of Fraud, four(4) years from discovery*

-on Ground of Intrinsic Frau or Implied / Constructive trust: ten (10)
years (art. 1144 CC) ;( New Regent Sources, Inc. Vs. Tanjuatco, G.R. No.
168800, April 16, 2009)*
REMEDIES (CTD.) ;RECONVEYANCE

MEANING OF IMPLIED TRUSTS

- those which, without being expressed, are deducible from the

nature of the transaction as matters of intent;

- or those which are super induced on the transaction by operation

of law as matters of equity, independently of the particular intention
of the parties. In turn, implied trusts are either resulting or
constructive trusts. (Philippine National Bank v. Court of Appeals,
G.R. No. 97995, January 21, 1993).

•
REMEDIES (CTD); RECONVEYANCE
IMPLIED TRUST IS EITHER RESULTING OR CONSTRUCTIVE

- Resulting trusts are based on the equitable doctrine that valuable consideration
and not legal title determines the equitable title or interest and are presumed always
to have been contemplated by the parties and thus, the other person becomes
invested with legal title but is obligated in equity to hold his legal title for the benefit
of another

- constructive trusts are created by the construction of equity in order to

satisfy the demands of justice and prevent unjust enrichment

In case of Villagonzalo v. IAC (167 SCRA 536) : The prescriptive period for an
action for reconveyance based on violation, implied trust is ten (10) years
.Prescriptive Period based on void or inexistent contracts
•An action to annul a void contract does not prescribe (Art.
1410,CC)

•In the case of Declag v. Macahilig, G.R. No. 159578, February 18,
2009 the Supreme Court held:

“An action for reconveyance based on a void contract is imprescriptible

for as long as the land wrongfully registered under the Torrens system is
still in name of the person who caused such registration, an action in
personam lie to compel him to reconvey the property to the real owner”
REMEDIES (CTD.)

3. ACTION FOR DAMAGES

Two (2) instances when an action for damages are available:

1 .when, despite the fact of one (1) year not having lapsed, the land is
transferred or sold to an innocent purchaser for value; and

2. when the period of one year has lapsed

The person agrieved can file for damages based on actual fraud (Sec 32, PD
1529)

• In case of Javier v. CA (supra), it was held that since the property has
passed on to an IPV, he can recover for the value of the property (CF Art.
2197 CC)
REMEDIES CTD.); DAMAGES

Actual Value to be Recovered

• In the case of Javier v. C.A. (supra) it was held that if the property
has passed to the hands of an IPV, the remedy6 is an action for
damages. He can recover for the actual value of the property. (Cf
Art. 2197 CC) (See Fig. 3 – of Remedies

• 5 . RESORT TO ASSURANCE FUND (Not included in 2015 Bar)

REMEDIES (CTD.)
6. QUITING OF TITLE
Legal Basis:
- There is a cloud on title to real property or any interest therein, by reason of
any instrument, record claim, encumbrance or proceeding which is apparently
valid or effective( but is in truth and in fact invalid, ineffective voidable or
unenforceable, and maybe prejudicial to said title ( Art. 476 CC)

• In case of Clado-Reyes vs. Limpe (G.R. No. 163876, July 9, 2008):

the SC held that an action to quiet title is not available in case the
claimant can not show by way of proof that they have legal or equitable
interest in the subject matter of the action.
REMEDIES (CTD.), QUIETING OF TITLE
Prescriptive Period

• The action depends whether the Petitioner is in possession, in which case, the
action does not prescribe. However, if the Petitioner is not in possession, the
action prescribes in ten (10) years.
•
• In case of Gallar v. Hussain (20 Scra186): the SC treated the action for specific
Performance as an action to quiet title when respondent refused to acknowledge
the deed of sale that they executed with the complainant, and held that since the
latter is in possession of the subject property, then the action did not prescribe.
 REMEDIES (CTD.)
7. REVERSION
• Reversion connotes the restoration of public land fraudulently awarded or disposed
of to a private individuals or corporations to the mass of public domain. (Section 101, CA
141); (See also Section 35, Chapter II of the EO 292, Administrative Code of 1987).

• All actions for reversion to the government of public domain shall be instituted by
the Office of the Solicitor General and be filed with the Court of Appeals pursuant to
Rule 47 of the Rules of Court.(CF with Annulment of Judgment, Rule 47 of the Rules of
Court).

• In an action for reversion of ands classified as forestal but was titled is not barred by
res judicata (Yujuico v. Republic, GR No. 168661,Oct. 26 2007).

•(SEE TABLE 1 FOR SUMMARY OF REMEDIES)

PART IV: REGISTRATION OF
SUBSEQUENT TRANSACTIONS
• PART IV.A. VOLUNTARY DEALINGS WITH REGISTERED LANDS

• -The owner may:

1. CONVEY,
2. MORTGAGE,
3. LEASE
4, CHARGE OR OTHERWISE DEAL with the lands
• Any form of deeds, mortgages, leases or other voluntary instruments as are
sufficient in law maybe used which shall operate as a contract between the
parties, except a will .

• The act of registration shall be the operative act to convey or affect the land
insofar as third persons are concerned( Section 51, PD No. 1529 )
 SUBSEQUENT TRANSACTIONS (CTD.)

• Must conform with the requirement for validity

• However, when the law requires that a contract be in some form

in order that it may be valid or enforceable, the requirement is
absolute (Art 1356, CC)*

• In case of donation, the law requires that it must be in public

instrument to be valid
 SUBSEQUENT TRANSACTIONS (CTD.)

- Document Must be in Public Instrument to bind

third parties

• In the case of mortgage it must be registerd to be valid;

• The Statute of Frauds (Art 1403 (2), Civil Code) states that in
order for the contracts to be enforceable, the same must be in
writing and “subscribed by the party charged”. ( See also Article
1358,CC)*
• SUBSEQUENT TRANSACTIONS, (CTD.)

The following contracts involving real property must appear in a public

document:

1. Contracts which have for their object the creation, transmission, modification or
extinguishment of real rights over immovable property

2. Sales of real property or of an interest therein are governed by Articles 1403,

No. 2, and 1405
3. Power to administer real property

4. Contracts involving land where the amount involved exceeds five hundred
pesos must appear in writing, even a private one.
SUBSEQUENT TRANSACTIONS (CTD.)
• VALIDITY IF INCOMPLETE IN FORM

• In case of Limketkai Sons Milling, Inc. V. Court of Appeals, the Supreme

Court held:
“The fact that the deed of sale still had to be signed and notarized
does not mean that no contract had already been perfected. A
sale of land is valid regardless of the form it may have been
entered into (Claudel vs. Court of Appeals, 199 SCRA 113, 119
[1991]).*
SUBSEQUENT REGISTRATION (CTD.)

• Effect of registration
• Serves as notice to all persons from time of registration (SEC52, PD
1529)*
• A deed or other voluntary instrument involving registered land shall not
take effect as a conveyance or bind the land but shall operate only as a
contract between the parties
• The act of registration shall be the operative act to convey or affect the
land insofar as third persons are concerned. (Marasigan v. Intermediate
Appellate Court, GR No. I-69303, July 23, 1987, 152 SCRA 253)

• (Please see Flow Chart, Fig. 3)

• (FIG. 4 is still being formatted)
SUBSEQUENT TRANSACTIONS (CTD.)
SALE; RULE ON DOUBLE SALE OF LANDS:
1.Ownership shall belong to the person acquiring it who in good faith,
first recorded in the Registry of Property.
2. If no inscription, the ownership shall pertain to the person who in good
faith was first in possession; and

3. If no possession, to the person who in good faith presents the oldest

title ( Article 1544,CC)*

-In case of Naval v. C.A (G.R. No. 167412, Feb. 22, 2006), the SC held that
respondents having bought the property which was priorly sold and
registered under Act 3344, then the one who has oldest title is preferred.
(cf. E.V. Albano, p.178).
SUBSEQUENT TRANSATIONS; SALE
MIRROR PRINCIPLE; ELEMENTS :
1) property is registered to the real owner; 2) the certificate of title was
stolen by another who misrepresent himself as the owner and,
3) he passed on the property to an IPV

•BASIS FOR UPHOLDING THE IPV: Sec. 44, PD 1529 – Subsequent purchaser
for value and in good faith holds the same free from all liens (Guaranteed
Homes v. Heirs of Valdez, et al. (GR No. 171531, Jan. 30, 2009;Albano, p.
190.)
• OWNERS DUPLICATE COPY OF TITLE SHOULD BE SURRENDERED
-Mere registration of a deed of sale, without the presentation of the
owner’s duplicate copy of certificate title does not have the effect of
a conveyance of the property.( Villasor v. Camon ,89 Phil. 404)
SUBSEQUENT TRANSACTIONS (CTD.)
MORTGAGE
- A contract between the creditor and debtor who secures the payment thereof by subjecting
his real property or interest therein to principal obligation when due (Manresa, 12:467)
ESSENTIAL REQUISITES:*

1. constituted to secure the fulfilment of a principal obligation

2. mortgagor be the absolute owner of the landmortgaged

3. mortgage have the free disposal of their property ( Check CC)

- In the case of Adriano v. Pangilinan (373 SCRA 534), it was held that said petitioner did not
mortgage the property himself nor did he authorized Salvador as his agent to procure the
mortgage. A mortgage is invalid even if the mortgageeregistered it.
SUBSEQUENT TRANSACTION; MORTGAGE

• In the case of Adriano v. Pangilinan (373 SCRA 534), it was held that
said petitioner did not mortgage the property himself nor did he
authorized Salvador as his agent to procure the mortgage. A
mortgage is invalid even if the mortgagee registered it.
• SUBSEQUENT REGISTRATION (CTD.)

• LEASE; KNOWLEDGE OF EXISTING CONTRACT

• - Knowledge is tantamount to registration

• In the case of Unchuan v. Court of Appeals, 161, 61 SCRA 710, a

registered land was sold to another who has knowledge of a prior
existing but unregistered lease, it was held that his knowledge of the
prior unregistered interest has the effect of registration as to him.
He is bound to respect said lease, although it is not entered upon the
certificate of title, and it is not error to hold that the lease in effect
became a part of the contract of sale.
 SUBSEQUENT REGISTRATION (CTD.)
EQUITABLE MORTGAGE,
-Parties entered into a contract usually denominated as a contract of sale but
their intention is to secure payment of an obligation

• In Olea v. Court of Appeals, the Supreme Court held:

“Where in a contract of sale with pacto de retro the vendor remains in
physical possession of the land sold as lessee or otherwise, the contract
should be considered an equitable mortgage. Here, the vendors, the
Pacardo spouses, remained in possession of the property and cultivated
the same. Their son, Filoteo, Jr. Continued the cultivation when the
spouses died, which cultivation was continued later by his widow Elena,
and then by his sister Elizabeth Palencia. x x x”
 SUBSEQUENT TRANSACTIOS (CTD.)
• MORTGAGE NOT REGISTERED
• If the instrument is not recorded as required by Article 2125 of the
Civil Code, the mortgage is nevertheless binding between the
parties.
• Mortgage due must be subject to foreclosure

• PACTUM COMMISSORIUM
-A stipulation in a contract of mortgage that the ownership of the
property would automatically pass to the mortgagee in case no redemption
was effected within the stipulated period.*
SUBSEQUENT TRANSACTIONS (CTD.)
FORECLOSURE OF MORTGAGE (2002 BAR QUESTION)

1. JUDICIALLY
2. EXTRA-JUDICALLY

• Procedure on judicial foreclosure,

- a certified copy of the final order of the court confirming the sale shall be
registered with the Register of Deeds.
- If no right of redemption exists, the certificate of title of mortgagor shall be
cancelled, and a new certificate issued in the name of the purchaser. ( Section 63,
PD No. 1529)
• If there is right of redemption but the property is not redeemed, the
final deed of sale shall be executed by the sheriff in favour of the
purchaser and be registered with the Register of Deeds (Ibid.) Ps. See
Flow Chart For Judicial Foreclosure, Fig. 4)
SUBSEQUENT REGISTRATION (CTD.); Judicial Foreclosure

Rules of Court Provisions on Judicial Foreclosure

1. If mortgagor fails to pay as ordered the amount the judgment within

the period specified(not less than 90 days nor more than 120 days)*, the
court, upon motion, shall order the sale of the property;

2. Such sale shall not affect the rights of persons holding prior
encumbrances upon the property , and
3. The court shall confirm the sale also upon motion,
4. The confirmation shall operate to divest the rights in the property of all
the parties to the action subject to such rights of redemption as may be
allowed by law (Sec. 3, Rule 68)
• SUBSEQUENT REGISTRATION (CTD.); JUDICIAL FORECLOSURE

5. After the foreclosure but before its confirmation, the court may grant the
debtor or mortgagor an opportunity to pay the proceeds of the sale;

6. Same; if mortgagee, sold the mortgaged property , this does not

render the foreclosure sale more effective because it does not prevent
the court from granting the mortgagor a period within which to redeem
the property;
7. After the confirmation of the sale, made after hearing the mortgagor, t
cannot redeem anymore the mortgaged lot (unless the mortgagee is a
banking institution).
• Please see Fig 4 , Flow Cart on Judicial Foreclosure)
JUDICIAL FORCLOSURE

• (JUDICIAL FORECLOSURE OF REAL ESTATE MORTGAGE)

• SUBSEQUENT REGISTRATION (CTD.)
• FORECLOSURE SALE RETRACTS TO DATE OF REG. OF MORTGAGE

• The Supreme Court has held that:

• The effects of a foreclosure sale retroact to the date of registration of the
mortgage. Hence, if the adverse claim is registered only after the
annotation of the mortgage at the back of the certificate of title, the
adverse claim could not effect the rights of the mortgagee; and

• the fact that the foreclosure of the mortgage and the consequent public
auction sale have been effected long after the annotation of the adverse
claim is of no moment, because the foreclosure sale retroacts to the date
of registration of the mortgage.” (Limpin v. Intermediate Appellate Court,
147 SCRA 516
 SUBSEQUENT REGISTRATION (CTD.)

• REMEDIES AVAILABLE TO THE MORTGAGEE

(1 )foreclose the mortgage; or
(2) file an ordinary action to collect the debt

• REMEDY IN CASE OF DEFICIENCY

• In case of a deficiency, the mortgagee has the right to claim for the
deficiency resulting from the price obtained in the sale of the real
property at public auction and the outstanding obligation at the time
of the foreclosure proceedings by way of motion
SUBSEQUENT REGISTRATION (CTD.)

EFFECT IF MORTGAGOR OPTED TO COLLECT

-If mortgagee opts collect the debt, he thereby waives his mortgage
lien. He will have no more priority over the mortgaged property.
- If the judgment in the action to collect is favourable to him, and it
becomes final and executory, he can enforce said judgment by
execution.
PRESCRIPTIVE PERIOD TO ENFORCE MORTGAGE RIGHT
- ten (10) years from the time the right of action accrues, or from
default in payment of the loan amortizations (Art. 1144CC)

- (Please see Fig 5 , Flowchart for Extra-judicial Foreclosure

SUBSEQUENT REGISTRATION (CTD.)

EXTRA-JUDICIAL FORECLOSURE; Procedures

• 1. The Mortgagee may opt for Extra-Judicial foreclosure of
mortgage as provided under Act 3135
• 2. In which case, the loan with mortgage document may stipulate
that the mortgagee in case of default by the morgagor, can already
foreclose the mortgage through the Sheriff
• 3. Upon filing of petitotion ND fter publication of the Petiton and
Notice oof Sale;
• 4. the Sheriif will sell the property by way of pub;lic auction and
award the sale to the highest bidder subject to right of redemption
of one (1) year (Please see Fig 5.)
PART IV.B. REGISTRATION OF
INVOLUNTARY DEALINGS
• INVOLUNTARY DEALINGS (CTD.)
Examples of Involuntary Dealings:
• Attachment
• Adverse claims
• Lis pendens
• Levy upon execution
• Laws

• ATTACHMENT
- legal process of seizing another’s property in accordance with a
writ or judicial order to secure an anticipated favourable
judgment .
• INVOLUNTARY DEALINGS (CTD.)

• Adverse claim (1998 Bar Question

- Purpose of annotating the adverse claim is to apprise third persons that there is a
controversy over the ownership of the land and t protect the right of the adverse
claimant during the pendency of the controversy.

- It is a notice to third persons that any transaction regarding the disputed land is
subject to the outcome of the dispute
INVOLUNTARY DEALINGS (CTD.)
EFFECTIVE PERIOD OF AN ADVERSE CLAIM
• Although the law says that an adverse claim “shall be effective for a period of
thirty days from the date of registration, it does not automatically cease to be
effective after the lapse of said period. ( Sajonas v. Court of Appeals)

• The Supreme Court in said case held that the provision should not be treated
separately, but should be read in relation to the sentence following that after the
lapse of said period, the annotation of adverse claim may be cancelled upon filing
of a verified petition therefore by the party in interest.

• If the rationale of the law is for the adverse claim to ipso facto lose force and
effect after the lapse of thirty days, then no adverse claim need be cancelled.
•
• INVOLUNTARY DEALINGS (CTD.)
• REGISTRATION OF AN ADVERSE CLAIM;

1. Claimants may make a sworn statement in writing stating such interest and the
manner of its acquisition including the details as to the Certificate of title and a
description of the land;
2. The adverse claim shall be annotated at the back of the title and will effective
for a period of thirty (30) days from the date of registration.(Sec.70 PD 1529)

• CANCELLATION
- After the lapse of said period, the annotation may be cancelled upon filing of
a verified petition therefore by the party in interest; but after cancellation, no
second adverse claim based on the same ground shall be registered by the same
claimant. (Ibid)
• INVOLUNTARY DEALINGS (CTD.); Adverse Claim
• CANCELLATION STILL NECESSARY

• Further the SC held that the law, taken together, simply means that the
cancellation of the adverse claim is still necessary to render it ineffective,
otherwise, the inscription will remain annotated and shall continue as a lien upon
the property.

• If adverse claim is registered only after the annotation of the mortgage, such claim
will not affect the rights of the mortgagee even though the foreclossure came
later because such forecosure sale retroacts to the date of registration of
mortgage (Limpin v. Intermediate Appellate Court, 147 SCRA 516).
 INVOLUNTARY DEALINGS (CTD.); Adverse Claim

• PURPOSE OF THE REGISTRATION

- The requirement of registering the order of the court with the Register of Deeds is to
notify third parties who may be affected in their dealings with respect to the
property.
• DEALINGS THAT SHOULD BE REGISTERED
• Continuance, dissolution or discharge of attachments;
• Orders of decisions of the court; and
• Deed of sale, officer’s return, order of execution, etc.
• INVOLUNTARY DEALINGS (CTD.)

• NOTICE OF LIS PENDENS (2002 BAR)

- It literally means a pending suit. The doctrine of lis pendens refers to the
jurisdiction, power or control which a court acquires over property involved in a suit,
pending the continuance of the action, and until final judgment.

- Its purpose is to protect the rights of the party causing the registration of the lis
pendens, and to advise third persons who purchase or contract on the subject
property that they do so at their peril and subject to the result of the pending
litigation.

- The inscription serves as a warning that one who acquires an interest over litigated
property does so at his own risk, or that he gambles on the result of the litigation
over the property.
 • INVOLUNTARY DEALINGS (CTD.);Notice of Lis Pendens

• EFFECTS:

1. keeps the subject matter of the litigation within the power of the court
judgment by successive alienations.
2. binds a purchaser, bona fide or not, of the land subject of the litigation
to the later judgment or decree that the court
3.
• CANCELLATION OF NOTICE OF LIS PENDENS
1. By the court before final judgement after proper showing that the notice is
for the purpose of molesting the adverse party,
2.By the Register of Deeds upon verified petition of the party who caused
the registration thereof (Sec.77,PD 1529)
• INVOLUNTARY DEALINGS (CTD.);Notice of Lis Pendens

• NOTICE DEEMED CANCELLED

• - After final judgment in favour of the defendant, the notice of lis

pendens shall be deemed cancelled upon th registration of a certification
of the clerk or court of such favourable judgement.

• While the trial court has inherent power to cancel a notice of lis pendens,
such power is exercised under express provisions of law as provided for
by Section 14, Rule 13 of the 1997 Rules of Civil Procedure.
PART V. RECONSTITUTION OF TITLE
RECONSTITUTION (CTD.)
REMEDIES OR LOST OR DESTROYED ORIGINAL OF TITLE
1. Judicial Reconstitution (Sec. 2&3, RA 2600; Sec.110,PD1529)
2. Administrative Reconstitution (RA 6732)

A. JUDICIAL RECONSTITUTION
a. restoration of an instrument ,or
b. the reissuance of a new duplicate certificate of title which is supposed to have
been lost or destroyed in its original form and condition. (Heirs of De Guzman
Tuazon v, CA)

• RTC has no jurisdiction to pass upon the question of actual ownership of the land
covered by the lost owner’s duplicate copy of the certificate of title (Lamitan v.
Fidelity Investment Corp.)
RECONSTITUTION (CTD.)Judicial Reconstitution

• NOTICE REQUIREMENT
• In the case of Villegas v. CA (GR No. 12977, Feb. 1, 2001), the Supreme Court held
that since the proceedings is in rem, compliance with Notice is absolute

• EFFECT OF JUDGMENT
- Owner’s duplicate or co-owner’s duplicate copy shall be surrendered to the ROD and
a new certificate of title issued *
 Reconstitution CTD.); Judicial Reconstitution

Validity of Reconstituted Title*

- Valid . However, when the reported ‘lost title’ is found, the reconstituted title is
null and void

• In the case of Camitan vs. Fidelity Investment Corporation, G.R. No. 163684, April
16, 2008, the Supreme Court ruled that:
• “If an owner’s duplicate copy of a certificate of title has not been lost but is in
fact in the possession of another person, the reconstituted title is void, as the
court rendering the decision never acquires jurisdiction. Consequently, the
decision may be attacked at any time.”
RECONSTITUTION (CTD.); Judicial Reconstitution

•PERIOD TO FILE RECONSTITUTION: BARRED BY LACHES

• In Angat vs. Republic of the Philippines the SC held: when 40
ayers lapsed but no action was taken by the owner to
reconstitute it, the case of action is already barred by laches;

• In Heirs of Eulalio Ragua v. Court of Appeals, the SC denied, on

the ground of laches, the petition for reconstitution of title,
which was filed only 19 years after the original title was allegedly
lost or destroyed
•RECONSTITUTION (CTD.); Judicial Reconstitution

• REVOCATION OF ORDER
• The finality of the order of reconstitution does not preclude the revocation for
reason of fraud ( Section 11 of R.A. No. 673)

• Any interested party who by fraud, accident, mistake or excusable negligence

(FAME) canfile a verified petition to set aside the decision and to reopen the
proceedings. Sec 10, Ibid.)
• The petition must be filed within sixty days after the petitioner learns of the
decision but not more than six months from the promulgation thereof. (Encinas
vs. National Bookstore, G.R. No. 162704. February 28, 2005)
 RECONSTITUTION (CTD.)

B. ADMINISTRATIVE RECONSTITUTION
- Maybe availed of only in case of SUBSTANTIAL LOSS OR DESTRUCTION of land
titles due to flood, force majeure as determined by the Admistrator of LRA( Sec. 110,
PD 1529 as amended by RA 6732)

• LRA CAN REVIEW AND ADJUDICATE

• - As Adjudicatory body, LRA can resolve issues of validity of title submitted for
reconstitution. If it is not its function, the LRA can not deny or grant the petition for
reconstitution (Agcaoile:786)
• - The factual findings of the LRA that Respondent’s ttile is sham ad spurious as
affirmed by CA is conclusive upon the SC (Manotok v. Barque (GR No. 152335, Dec.
12,2005)*
.
RECONSTITUTION (CTD.) Administrative Rconsitution

• LANDMARK CASE:

• MANOTOK vs. BARQUE (G.R. Nos. 162335 & 162605; August 24, 2010);
VILLARAMA, JR.

Facts

1. In 1903, the RP acquired Piedad Estate, a friar land, identified as

“Lot 823” ; placed under the administration of the Director of Lands
 • ADMINSITRATIVE RECONSTITUTION 9CTD.); Manotok v. Barque
• Facts, Ctd.

• 2. On June 11, 1988 a fir burned portions of QC Hall destroyed records / original
copies of title in the ROD;

• 3. In 1990, Manotoks filed a petition for administrative reconstitution of TCT

No. 372302 covering Lot No. 823 with an area of 342,945 sq. m. and was
reconstituted in 1991 as TCT No. RT-22481

• 4. However, in 1996, the Barques filed a petition with the LRA for administrative
reconstitution of TCT No. 210177 also covering Lot 823. MANOTOK opposed.

•
 • ADMINSITRATIVE RECONSTITUTION (CTD.); Manotok v. Barque

• 5. The LRA hearing Officer found that the reconstituted Title of

Manotok was null and void. Hence, it ordered that Barque’s title to be
reconstituted.

• 6. The LRA denied Manotok’s Motion for Reconsideration but denied

the Barques’ prayer for immediate reconstitution. Both the Manotoks
and the Barques appealed the LRA decision to the CA.

• 7. In 2002 and 2003 the CA directed the ROD of QC to cancel the Reconstituted
Manotok Title and to reconstitute the Barques’ title but denied its immediate
execution. Hence, Manotok and Baque filed separate petitions with the SC which
were consolidated on August 2, 2004.
AMINSITRATIVE RECONSTITUTION (CTD.); Manotok v. Barque
• Facts, Ctd.

• 2015 SC DECISION
8.On December 12, 2005, SC First Division affirmed both decisions of the CA. I
held tha the factual findings of the LRA that Respondent’s ttile is sham ad spurious
as affirmed by CA is conclusive upon the SC ;

9. Manonotk filed two (2) Motions and his Second MR was denied in June 2006 .
Entry of judgmen was made on May 2, 2006;

10. Meanwhile, Barques moved for execution of judgment and issuance of writ of
possession; Manotok moved to Refer Motion for Possession to the SC En Banc.
• ADMINSITRATIVE RECONSTITUTION (CTD.); Manotok v. Barque
Facts Ctd.
• MNAHAN’S INTERVENTION

• 10. on September 7, 2006, Felicitas and Rosendo Manahan a moved to

intervene, alleging that their predecessor-in-interest, was issued Sale Certificate
No. 511 covering Lot No. 823 which is older than Manotok’s title.

• 2015 DECISION SET ASIDE

• 11. In 2008, the SC En Banc set aside the December 2005 1st division decision and
entry of judgment recalled ; remanded the case to the CA to receive evidence on
how Manotoks obtain his title and recommend on whether or not his title
should be cancelled.
• ADMINSITRATIVE RECONSTITUTION (CTD.); Manotok v. Barque

• CA’S FINDINGS:

• 12. None of the three (3) parties has proven a valid acquisition of Lot 823 from
the government pursuant to the “Friar Lands Act”. (Act No 1120. )

• 13. Manotok’s presented document s, foremost,a Deed of Sale did not bear the
signature of the Sec.of Agriculture and Commerce as required by Section 18 of
the Act, with showing of badges of fraud;
• ADMINSITRATIVE RECONSTITUTION (CTD.); Manotok v. Barque
• Facts Ctd.

14. Barque’s claim that their father, Homer, bought the land from Emiliano sesstosa
who had a TCt in his name could not be established by way of trace back;

15. Manahan’s claim that his title belonged originally to his parents and was
bought by his wife and they instituted a caretaker but was ousted by armed men in
1950’s and could not establish on how they obtained the same from the
government.*
.
ISSUE: WHO has a valid title?
SC: NO ONE!
• ADMINSITRATIVE RECONSTITUTION (CTD.); Manotok v. Barque

• DISSENTING OPINIONS:
• Chief Justice Renereno:

• Chief Justice Carpio:

PART VI. REGISTRATION OF
TRANSACTIONS INVOLVING
UNREGISTERED LANDS
A. REG. OF TRANSACTIONS ON UNREG. LANDS

RECORDING OF INSTRUMENTS
- No deed, conveyance, mortgage, lease, or other voluntary instrument
affecting unregistered lands shall be valid, except as between the
parties thereto, unless recorded in the office of the Register of
Deeds for the province or city where the land lies. (Sec. 113, PD
1529);

B. BASIC STEPS INVOLVED

1. ROD records all instruments ni Primary Entry Book
2. ROD endorses upon the original of the recorded instruments the file number an
date as well as the hour and minute when the document was recorded
REG. OF TRANSACTIONS ON UNREG. LANDS (CTD.)

C. REGISTRATION UNDER ACT NO. 3344 VIZ THIRD PERSONS

• Recording does not bind third persons since registration there
under the Act refers to properties not registered ; hence, not
effective for purpose of Article 1544 of the Civil Code on double
sales;

• Registration of instruments, in order to affect and bind the

lands, must be done in the office of the Register of Deeds of the
province or city where the land lies.
PART VII. CITIZENSHIP
REQUIREMENTS IN ORIGINAL
REGISTRATION
CITIZENSHIP REQUIREMENTS
A. ACQUISITION OF A & D LANDS OF PUBLIC DOMAIN

• All lands of the public domain . . . are owned by the State, and with respect to
agricultural lands, their alienation is limited to Filipino citizens (Sec. 2 Article XII of
the 1987 Constitution).

• In the case of Ong Ching Po v. Court of Appeals, (citation) which involves the sale
of land by former Fil citizen to a Chinese . The Court ruled:
• “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’ ( Bernas, The Constitution of the Philipines 439-440 )
• A. ACQUISITION OF A & D LANDS OF PUBLIC DOMAIN

• EXCEPTION TO THE RULE

- Save in cases of hereditary succession, no private lands shall be

transferred or conveyed except to:
- A. individuals,;
- B. corporations or associations qualified to acquire or hold lands of the
public domain ( Section 7, Article XII of the 1987 Constitution)
CITIZENSHIP REQUIREMENT (CTD.)
B. ACQUISITION OF PRIVATE LANDS FOR NATURAL FILIPINOS WHO
LOST THEIR CITIZENSHIP

• Notwithstanding the provisions of Section 7 of Art. X11 of the

Constitution, a natural-bon citizen of the Philippines who has lost his
Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law ( Section 8, Article XII)*
CITIZENSHIP REQUIREMENT (CTD.)

C. CITIZENSHIP AT TIME OF ACQUISITION AS BASIS FOR QUALIFICATION

(2003 BAR )

• In the cases of Republic v. Court of Appeals and Lapiña, respondents bought the lots
in question from one Cristela Dazo Belen on June 17, 1978 who
were then natural-born Filipino citizens;
On February 5, 1987, they filed an application for registration of their purchased
property. That time they have become naturalized Canadian citizens. The
Government opposed the applicaton because they were no longer qualified.
The Supreme Court held that it is undisputed that private respondents, as vendees of
a private land, were natural born citizens of the Philippines at the time they
purchased the propeerty.
CITIZENSHIP REQUIREMENT (CTD.)

D. EFFECT OF SALE TO NATURALIZED ALIEN

• In the case De Castro v. Tan (159 SCRA 85) the SC held that since
the purchaser is already qualified, having been naturalized,
independently of the doctrine of pari delicto, the Vendor
petitioner cannot have the sale annulled .

• While the Vendee was not qualified at the time of acquisition of

the subject property, he has already acquired the Filipino
citizenship who is constitutionally qualified to own the land.
CITIZENSHIP REQUIREMENT (CTD.)

E. LAND SOLD TO ALIEN CAN BE RECOVERED; IN PARI DELICTO

• In the case of Philippines Banking Corporation v. Lui She (GR. No.

L17587)the Supreme Court annulled the Contract of Lease with
option to buy for 99 years as Respondent was not a Filipino
Citizen. Further the Court said that it does not follow that
because the parties are in pari delicto, they will be left where
they are, without relief.
2013 Bar Exam (CIVIL LAW)

Facts:
• Manuel was born on 12 March 1940 in a 1 000-square meter property where he
grew up helping his father, Michael, cultivate the land .Michael has lived on the
property since the land was opened for settlement at about the time of the
Commonwealth government in 1935, but for some reason never secured any title
to the property other than a tax declaration in his name.
• He has held the property through the years in the concept of an owner and his
possession has not been contested by other persons.
• He has also conscientiously and continuously paid the realty taxes on the land.
Michael died in 2000 and Manuel - as Michael’s only son and heir -now wants to
secure and register title to the land in his own name.
• He consults you for legal advice as he wants to perfect his title to the land and
secure its registration in his name.
• 2013 Bar Exam (CIVIL LAW), (CTD.)

• (A) What are the laws that you need to consider in advising Manuel
on how he can perfect his title and register the land in his name?
Explain the relevance of these laws to your projected course of
action. (4%)
• (B) What do you have to prove to secure Manuel's objectives and
what documentation are necessary? (4%)
2014 Bar Exam (CIVIL LAW)
Facts:
• On March 27, 1980, Cornelio filed an application for land registration
involving a parcel of agricultural land that he had bought from Isaac
identified as Lott 2716 with an area of one (1) hectare. During the trial,
Cornelio claimed that he and his predecessors-in-interest had been in
open, continuous, uninterrupted, public, adverse possession and
occupation of the land for more than 30 years. He likewise introduced in
evidence a certification dated February 12,1981 citing a Presidential
declaration to the effect that on June 4, 1980, agricultural lands of the
public domain, including the subject matter of the application, were
declared alienable and disposable agricultural lands (4%)
• a) If you are the judge, will you grant the application of Cornelio?
• b) Can Cornelio acquire said agricultural land through acquisitive
prescription whether ordinary or extra-ordinary?
 THANK YOU !
ACKNOWLEDGMENTS:

AGCAOILI, OSWALDO D.
PROPERTY REG. DEGREE AND RELATED LAWS. (2011);
ALBANO III, ED VINCENT A.
LAND, TITLES & DEEDS (2010 );
NOBLEJAS & NOBLEJAS
LAND, TITLES & DEEDS (2007);
PADILLA AMBROSIO A.
LAW ON PROPERTY; and
PROF. IGNACIO, LARRY P.
MORTGAGE, FORECLOSURE AND REDEMPTION