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Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O .

G O N Z A L E S 1

LAND TITLES AND DEEDS 8. Title by emancipation patent or grant – for purpose
of ameliorating sad plight of tenant-farmers; not
CHAPTER 1: BACKGROUND, BASIC CONCEPTS & transferable except by hereditary succession
GENERAL PRINCIPLES
Chapter 2: TORRENS SYSTEM – ORIGIN, NATURE &
LAND TITLE – evidence of right of owner or extent of his GENERAL CHARACTERISTICS
interest, by which means he can maintain control and as a
rule assert right to exclusive possession and enjoyment of ADVANTAGES:
property 1. Abolishes endless fees
2. Eliminates repeated examination of titles
DEED – instrument in writing which any real estate or 3. Reduces records enormously
interest therein is created, alienated, mortgaged or assigned 4. Instantly reveals ownership
or by which title to any real estate may be affected in law or 5. Protects against encumbrances not noted on the
equity Torrens certificate
1. Grantor 6. Makes fraud almost impossible
2. Grantee 7. It assures
3. Words of grant 8. Keeps up the system without adding to burden of
4. Description of property taxation; beneficiaries of the system pay the fees
5. Signature of grantor 9. Eliminates tax titles
6. Witnesses 10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private
TYPES OF ESTATES: title insurance
1. FREEHOLD ESTATE – indicates title of ownership 12. Makes possible the transfer of titles or of loans
a. Fee simple – absolute title; conferred within the compass of hours instead of a matter of
without limitation, qualification or days
restriction
b. Fee tail – pass title to grantee & his heirs PURPOSE OF TORRENS LAW: quiet title to land – once
c. Life state – held for duration of life of registered, owner might rest secure
grantee
PERSONS BOUND WHEN TITLE NOT REGISTERED
2. LESS THAN FREEHOLD ESTATE – a right short 1. Grantor
of title 2. Heirs & devisees
Estate for years – lease for a period agreed upon, 3. Persons with actual notice
lessor retains ownership of land
Tenancy from period to period – lease running PROCEDURE IN LAND REGISTRATION CASE:
from month to month or year to year with 1. Survey of land by Bureau of lands or duly licensed
automatic renewal private surveyor
Tenancy at will – person is permitted to occupy 2. Filing of application for registration by applicant
land of another without stipulation as to 3. Setting of date of initial hearing of application by
period RTC
4. Clerk of court to transmit to Land Registration
3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF Authority the application, date of initial hearing &
TRANSFERRING TITLES: other pertinent docs
1. Production & delivery of deed by grantor to grantee 5. Publication of notice of filing of application, date &
without registration place of hearing – in OG and in newspaper of
2. Deed of conveyance is recorded to bind 3rd persons general circulation
3. Registration of title 6. Service of notice – contiguous owners, occupants &
those who have interest in property
REGISTRATION – guarantees the title 7. Filing of answer or opposition to application
8. Hearing of case by RTC
RECORDING – does not guarantee the title; need to examine 9. Promulgation of judgment by court
other docs 10. Issuance of decree by RTC – decision; Instruct land
registration authority to issue decree of confirmation
PURPOSE OF REGISTRATION: & registration
1. Serve as constructive notice 11. Entry of decree of registration in Land Titles
2. Prevent fraudulent claims Administration
3. Protect interest of strangers to transaction 12. Send copy of decree to Register of Deeds
13. Transcription of decree of registration in registration
MODES OF ACQUIRING LAND TITLES: book & issuance of the owner’s duplicate original
1. Title by public grant – conveyance of public land by certificate of title of the applicant by the Land
government to a private individual registration Authority - upon payment of prescribed
2. Title by acquisitive prescription – open, continuous, fees
exclusive, notorious possession of a property
3. Title by accretion – alluvion CHAPTER 3: APPLICATION IN ORDINARY
4. Title by reclamation – filling of submerged land by REGISTRATION PROCEEDINGS
deliberate act and reclaiming title thereto;
government WHO MAY APPLY:
5. Title by voluntary transfer – private grant; voluntary 1. Those in open, continuous, exclusive, notorious
execution of deed of conveyance possession of patrimonial property of state under
6. Title by involuntary alienation – no consent from bona fide claim of ownership since June 12, 1945 or
owner of land; forcible acquisition by state earlier
7. Title by descent or devise – hereditary succession to 2. Those who acquired ownership of private land by
the estate of deceased owner prescription
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 2

3. Those who acquired ownership of private lands by 1. Set forth objections to the application
right of accretion 2. State interest claimed by oppositor
4. Those who acquired ownership in any manner
provided for by law GENERAL DEFAULT
If no person appears and answers within time prescribed
LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:
1. PRIVATE LANDS SPECIAL DEFAULT
At least 60% Filipino to acquire private land Party appears at initial hearing without having filed an
Restricted as to extent reasonably necessary to answer and ask court for time to file answer but
enable it to carry out purpose which it was failed to do so within period allowed
created
If engaged in agricultural – restricted to 1,024 CHAPTER 5: HEARING & DECREE
ha.
2. PATRIMONIAL PROPERTY OF STATE WHO CONDUCTS HEARING:
a. Lease for 25 years renewable 1. RTC
b. Limited to 1,000 ha. 2. Refer to referee – commissioner
c. Apply to both Filipinos & foreign cos.
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND
FORM & CONTENTS OF APPLICATION REGISTRATION ACT) /PROCEEDING FOR JUDICIAL
In writing & signed by applicant or person duly CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC
authorized LAND ACT
Description of land There exist a title to be confirmed
Citizenship Land applied for belongs to the state
Civil status Court may dismiss without prejudice to file new
Full names & address of occupants & adjoining owners application
Dismiss with prejudice
WHAT TO ACCOMPANY APPLICATION: Risk to have application denied without losing land
1. Tracing cloth plan duly approved by the Director of Risk involves loss of land
Lands
2. 3 copies of technical descriptions CHAPTER 6: JUDGMENT & DECREE
3. 3 copies of surveyor’s certificate
4. All original muniments of title DECREE – issued by land registration authority containing
5. 4 copies of certificate by city/provincial treasurer of technical description of land; issued after finality of judgment
assessed value of land 1. Decrees dismissing application
2. Decrees of confirmation and registration
AMENDMENTS ALLOWED & NOT ALLOWED Final after 1 year after decree
Substantial change in boundaries or increase in area - Unless there in innocent purchaser for value
new technical description necessary – need new Subject only to appeal
publication & notice Once final, cannot be subject to attack, deemed
Substitution of name of new owner – file motion with conclusive against the world
court 3. Put end to litigation
Decrease the area – file motion in court 4. Purpose of Torrens system is protected
Amendment after 1 year is allowed – creation or
MUNIMENT OF TITLE – instruments or written evidences extinguishment of new rights; inclusion of
which applicant hold or posses to enable him to substantiate new owners not allowed
& prove title to his estate
JUDGMENT – decision of court constituting its opinion after
TRANSACTION TOOK PLACE B EFORE ISSUANCE OF taking into consideration the evidence submitted
DECREE:
Record instrument in Register of Deeds in same manner WRIT OF POSSESSION – order to sheriff to deliver the land to
as if no application was made the successful party litigant; no prescription
Present instrument to RTC, motion praying that same be Against loser
considered in relation to the pending application Against anyone unlawfully & adversely occupying

TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE: WHEN WRIT MAY NOT ISSUE:
Register directly with REGISTER OF DEEDS for Person entered into property after decree- non claimant;
purpose of canceling such title & issuing a TCT had been there for 10 years

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT MEANS TO RECOVER POSSESSION:


1. Forcible entry
NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN 2. Unlawful detainer
BOARD OF MUNICIPALITY – 14 days before hearing 3. Accion publiciana
HEARING – within 7 days after publication in OG 4. Accion reindivicatoria
– 25 – 90 days from date of order
RES JUDICATA:
TO WHOM NOTICE MUST BE SENT: 1. Former judgment must be final
1. City/municipal mayor & provincial governor 2. Rendered by court having jurisdiction over subject
2. Department of Agrarian Reform, Solicitor General & matter & parties
Director of Lands , Director of Fisheries, Director of 3. Judgment on merits
Mines 4. Identity of parties, subject matter and causes of
3. Adjoining owners & those who have rights or action
interest thereto
REMEDIES AVAILABLE TO AGGRIEVED PARTY IN
REQUISITES OF OPPOSITION: REGISTRATION PROCEEDINGS:
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 3

1. MOTION FOR NEW TRIAL - must be brought 2. Subdivision plan – approval of NHA, final approval
within 15 days from notice of judgment of LRA, then Register of Deeds to issue
a. Fraud, accident, mistake, excusable memorandum that streets not to be disposed except
negligence which ordinary prudence could by way of donation to govt. shall be effected without
not have guarded approval of NHA
b. Newly discovered evidence which could not
be discovered & produced at trial ANNOTATIONS AT BACK OF CERTIFICATE – need court order;
c. Evidence insufficient to justify decision, otherwise null & void
decision is against the law
2. APPEAL – must be brought 15 days from notice of CHAPTER 8: VOLUNTARY DEALINGS WITH
judgment REGISTERED LAND
3. REVIEW OF DECREE OF REGISTRATION –
available to party deprived of day in court; became OPERATIVE ACT – registration by owner; deed not registered
non-party due to misrepresentation; invoke actual – binding only between parties
fraud; before expiration of 1 year; specific acts
intended to deceive; will no longer prosper if already PROCESS OF REGISTRATION:
transferred to innocent purchaser for value 1. File instrument creating or transferring interest and
a. Plaintiff is owner of land registered in name certificate of title with Register of Deeds
of defendant a. Owner’s duplicate
b. Registration procured through actual fraud b. Payment of fees & documentary stamp tax
c. Property has not issued to innocent c. Evidence of full payment of real estate tax
purchaser for value d. Document of transfer – 1 copy additional
d. Action is filed within 1 year after issuance for city/provincial assessor
of decree of registration 2. Register of Deeds shall make a memorandum on the
RELIEF FROM JUDGMENT – 60 days – 6 months after certificate of title, signed by him
entry of order; available to party to case, FAME; 3. Issue TCT
after judgment; person deprived of right is party to
case VOLUNTARY DEALINGS
RECONVEYANCE – action in personam; available so Need to present title – to record the deed in registry & to
long as property not passed yet to innocent purchaser make memorandum on title
for value; bad faith or with notice of defect
RECOVERY FOR DAMAGES INVOLUNTARY DEALINGS
Person is wrongfully deprived of his land by No presentation required; sufficient that annotation in
registration in name of another – actual or entry book is sufficient
constructive fraud
No negligence on his part FORMAL REQUISITES OF A DEED
Barred/ precluded from bringing an action 1. Full name
Action for compensation has not prescribed 2. Nationality
3. Place of residence
CHAPTER 7: CERTIFICATE OF TITLE 4. Postal address of grantee or other persons acquiring
or claiming interest
TORRENS TITLE – certificate of ownership issued under the 5. Civil status
Torrens System of registration by the government through 6. Whether or not corporation
road naming & declaring owner in fee simple of property
described therein free from all liens except those expressly 1. Register of Deeds to keep an entry book – day
noted book
2. Enter in order of reception all deeds & voluntary
PROCESS: instruments, write & processes re land -Year,
1. Within 15 days from finality of order of judgment month, day, time, minute of reception of
directing registration of title – court to order Land instrument; Registered from time of entry
registration Admin to issue decree of registration and 3. Fees of 5 bucks per document to be paid within
certificate of title 15 days
2. Clerk of court will send order of court & copies of 4. Note memorandum & sign & issuance of
judgment certificate
3. Administrator to issue decree of registration & 5. Documents are numbered & indexed & indorsed
original & duplicate of OCT – signed by with reference to certificate of title– public
Administrator, entered & file decree of registration records
in LRA 6. Subject to reasonable regulation
4. Send to Register of Deeds – original & duplicate of
title & certificate for entry in his registration book Cost borne by vendor
5. Enter in record book, dated, signed, numbered &
sealed – take effect upon date of entry CHAPTER 9: REAL ESTATE MORTGAGE
6. Register of Deeds to send notice to registered owner
ready for delivery after payment of fees REAL ESTATE MORTGAGE – real property/real rights secures
7. Register of Deeds shall send duplicate & note on fulfillment of an obligation
each certificate of title to whom it is issued
8. Original copy to be filed in Register of Deeds; bound KINDS:
in consecutive order 1. Conventional – agreed upon by parties
2. Legal – Created by operation of law
ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF 3. Judicial – results from a judgment
TITLES: 4. Equitable – pacto de retro in form but mortgage in
1. Splitting or consolidation – ordinary – Register of essence
Deeds level, no court involved
ESSENTIAL REQUISITES:
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 4

Constituted to secure fulfillment of principal obligation 6. Retention of possession - mortgagor retains


Mortgagor be absolute owner of thing mortgaged possession
Person constituting mortgage has free disposal of
property PACTO DE RETRO – EQUITABLE MORTGAGE
1. Price of sale with right to repurchase is usually
SPECIAL CHARACTERISTICS: inadequate
1. Subject matter is realty 2. Vendor remains in possession as lessee or otherwise
2. Real right – attaches to property wherever it is & 3. Upon or after expiration of right to repurchase,
whoever holds it another instrument extending period /granting new
3. Accessory – presupposes existence of valid principal period is executed
obligation; cannot stand alone 4. Purchaser retains a part of the purchase price
4. Indivisibility – even if debt is divisible; mortgage is 5. Vendor binds himself to pay taxes on thing sold
not 6. Real intention of parties is that transaction shall
5. Inseparability – mortgage lien is inseparable from secure payment of debt or fulfillment of other
property obligation

Real Mortgage Chattel Mortgage


Subject matter is real property Subject matter is movable
Public document only May be in private document provided there is
affidavit of good faith
Right of redemption for 1 year No right of redemption
Deficiency can be recovered Deficiency cannot be recovered

EXECUTION & REGISTRATION


1. Execution of deed in a form sufficient in law (public instrument)
2. Registration with Register of Deeds where the land lies & take effect upon registration
Present deed of mortgage together with owner’s duplicate
Payment of fees
Register of Deeds shall enter upon original certificate of title & upon duplicate a memorandum – date, time of filing,
signature, file number assigned to deed
Register of Deeds to note on deed the date & time of filing & reference to volume & page of registration book in which
it was registered
3. No duplicate need be issued

SUBJECT MATTER
Real property plus all its accessions unless contrary is stipulated
Future property – without legal effect
Future improvements – deemed included
Fruits & rents of mortgaged property deemed included
Continuing credit secured by mortgage valid

FORMS:
Private document – void & inexistent
Public instrument but not recorded – binding between parties but not 3 rd persons without notice
Public document & registered – valid & binding to 3rd parties

MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes


If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered owner:
1. Stating that mortgage has been registered
2. Requesting that owner’s duplicate be produced so that memorandum be made thereof
Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may enter order requiring owner to
produce certificate

SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY Memorandum of cancellation is annotated on


May be further alienated – stipulation to contrary is void duplicate & original
Assignment must also be registered since
registration is operative act to affect land WHEN MORTGAGOR DIES
If not recorded – valid as to parties but not to 3 rd 1. Abandon security & prosecute his claim by sharing
parties, right not protected against in general distribution of assets of the estate
somebody who registers & procures better 2. Foreclose mortgage by making executor party
right defendant
May be further mortgaged – stipulation to contrary is 3. Foreclose it in due time
void
No need to secure permission of mortgagee PARTIES IN FORECLOSURE SUIT: all persons claiming
Understood unless prohibited in contract interest subordinate in right to mortgagee
Pactum commisorium – not allowed
Property is mortgaged ACTION TO FORECLOSE: Prescribes in 10 years (written
There is stipulation for automatic appropriation contract)
Discharge
Execute public document canceling or releasing VENUE: Per stipulation or in absence thereof, where the
mortgaged in form prescribed by law property lies
Present instrument with Register of Deeds where
land lies together with owner’s duplicate for FORECLOSURE
registration 1. JUDICIAL
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 5

Mortgagee to petition in court for foreclosure


Court to render order for debtor to pay sum due SUBJECT MATTER: movables
within 90 days and if not paid from date of
service, property be sold at public auction DEED OF MORTGAGE:
Notice & Publication Requires only description to enable parties & other
Public auction: sale to highest bidder persons to identify the subject matter
Sheriff to issue certificate confirming judicial
foreclosure REGISTRATION OF CHATTEL MORTGAGE
File with Register of Deeds final decree of court Execution of document
confirming sale Payment of fees
Memo entered in certificate of title Register of Deeds enters in DAY BOOK in strict order of
If right of redemption exist, certificate of title of their presentation chattel mortgages & other
mortgagor not to be cancelled but instruments relating thereto (primary process)
memorandum shall be entered upon the Register of Deeds thereafter enters in a more detailed
certificate duplicate & original form the essential contents of the instrument in the
After expiry of 1 year redemption period & no Chattel Mortgage Register (complementary process)
redemption, title is consolidated to new
owner EFFECT OF REGISTRATION:
Purchaser to be entitled to new certificate of title Creates a lien – attaches to the property whoever holds it;
& memorandum endorsed on mortgage binding on subsequent purchasers
deed Constructive notice
If there is redemption, memorandum to be
annotated on certificate of title SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE –
void; criminal act
2. EXTRA-JUDICIAL
Allowed only if stipulation between party EFFECT OF FAILURE TO REGISTER:
authorizes extra-judicial foreclosure Valid between parties but void against 3rd persons
Cannot be made legally outside of city where If instead of registration, it is delivered – it shall be a
land lies pledge & not chattel mortgage (if no chattel
Publication required: post notices for 20 days in mortgage deed executed)
3 public places where property lies & if Actual knowledge is same effect as registration
property is more than P400.00, publication
must be for 3 consecutive weeks in news AFFIDAVIT OF GOOD FAITH: STATEMENT THAT –
paper of general circulation Mortgaged is made to secure obligation specified
If foreclosure by rural banks, exempt from Valid & just obligation
publication in newspaper for loans not Not entered into for purpose of fraud
exceeding 3,000.00
Registration of sale in Register of Deeds: EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
a. Deed of sale must be supported by Vitiates mortgage as against creditors & subsequent
certificate of sheriff that said sale encumbrances
was conducted accordingly stating Valid as between parties
the date, time, place of sale, names No need to be in public document
of creditor & debtor, description of
property, name of highest bidder, ASSIGNMENT OF MORTGAGE
selling price No need to be registered, permissive only & not
b. Present in Register of Deeds where mandatory
land lies
c. Memorandum on back of CANCELLATION OF CHATTEL MORTGAGE
certificate is made Mortgagee to execute a discharge of the mortgage in
d. After expiration of 1 year of manner provided by law
redemption period – title is
consolidated if no redemption FORECLOSURE OF MORTGAGE
exercised: purchaser to file with The must first be non-payment & at least 30 days have
Register of Deeds the deed of sale elapsed since then
& sworn statement attesting to fact Alternatives:
that there is no redemption Judicial
e. New certificate of title issued in Extra-judicial – only if there is
favor of vendee stipulation/authority
f. If redeemed – notice of redemption
shall be registered & accomplished PROCEDURE IN FORECLOSURE
by way of memorandum on proper 1. Notice posted for 10 days in at least 2 public places
certificate of title in municipality where property is to be sold
designating the time, place and purpose of sale
RIGHT OF REDEMPTION 2. Mortgagor is notified in writing at least 10 days
Payment of purchase price plus 1% per month plus taxes before sale
if paid by purchaser 3. Public auction
To be exercised within 1 year after registration of sale 4. 30 days after sale, officer makes a return & file with
Register of Deeds where mortgage has been recorded
RIGHT TO DEFICIENCY – allowed 5. Officer’s return operates as a discharge of the lien
created by the mortgage
CHAPTER 10: CHATTEL MORTGAGE 6. Proceeds to be applied:
a. Cost of sale
CHATTEL MORTGAGED – personal property is registered with b. Amount of obligation
Register of Deeds to secure performance of an obligation c. Subsequent mortgages
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 6

d. Balance – mortgagor 2. Provided not prohibited to do so by instrument


creating the trust
RECOVERY OF DEFICIENCY: Allowed
APPOINTMENT OF TRUSTEE BY COURT
CHAPTER 11: LEASE Certified copy of decree shall be presented to Register of
Deeds & surrender duplicate certificate
LEASE – one of parties deliver possession of property to Cancel duplicate & new certificate shall be entered by
another who is obliged to pay rent for use of such property Register of Deeds

REGISTRATION OF LEASE ACTION FOR RECONVEYANCE BASED ON IMPLIED


File with Register of Deeds the instrument creating lease TRUST
together with Owner’s Duplicate of certificate of title Prescribes in 10 years
Register of Deeds to register by way of memorandum If acknowledged in written form – becomes express trust
upon certificate of title – prescribes upon repudiation
No new certificate shall be issued
CHAPTER 13: INVOLUNTARY DEALINGS WITH
WHEN PROHIBITION IN MORTGAGED PROPERTY AS REGISTERED LAND
REGARDS SUBSEQUENT CONVEYANCES, ETC.: Leasehold
cannot be registered in the title thereof INVOLUNTARY DEALINGS – transactions affecting land in
which cooperation of registered owner is not needed: it may
EFFECT OF REGISTRATION: even be against his will
Creates a real right but without prejudice to rights of 3 rd
persons ATTACHMENT
If not registered – valid as between parties but not to 3 rd A writ issued at the institution or during progress of an
persons without notice action commanding the sheriff to attach the property,
rights, credits or effects of the defendant to satisfy
REGISTRATION – lessor not required to initiate; lessee shall demands of the plaintiff
initiate Kinds:
a. Preliminary
ALIENS: b. Garnishment
May be granted temporary rights for residential purposes c. Levy on execution
Limit: 25 years, renewable for another 25 years
REGISTRATION OF ATTACHMENT/OTHER LIENS
WHO ELSE MAY REGISTER: Builder in Good Faith 1. Copy of writ in order to preserve any lien, right or
attachment upon registered land may be filed with
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY Register of Deeds where land lies, containing
number of certificate of title of land to be affected or
TRUST – obligation of a person to whom legal title to property description of land
is transferred to hold the property according to confidence 2. Register of Deeds to index attachment in names of
reposed in him both plaintiff & defendant or name of person whom
property is held or in whose name stands in the
2 KINDS: records
Expressed – need to be in writing; cannot be proved by 3. If duplicate of certificate of title is not presented:
parole evidence a. Register of Deeds shall within 36 hours
Implied – exist by operation of law; can be proved by send notice to registered owner by mail
parole evidence stating that there has been registration &
a. Property is bought but paid by another party requesting him to produce duplicate so that
b. Donation is made but donee have no memorandum be made
beneficial interest thereon b. If owner neglects or refuses – Register of
c. Price of sale of property is loaned & Deeds shall report matter to court
conveyance is made to lender to secure c. Court after notice shall enter an order to
fulfillment of loan owner to surrender certificate at time &
d. Land passes by succession to a person but place to be named therein
legal title is put in another’s name 4. Although notice of attachment is not noted in
e. 2 persons purchase property but placed only duplicate, notation in book of entry of Register of
in one’s name Deeds produces effect of registration already
f. Guardian uses funds of ward to buy property
g. Property is acquired thru mistake or fraud EFFECT OF REGISTRATION OF ATTACHMENT:
1. Creates real right
POWER OF ATTORNEY – authority granted to a person to 2. Has priority over execution sale
dispose one’s property 3. But between 2 attachments – one that is earlier in
registration is preferred
TRUST DIFFERENTIATED FROM POWER OF ATTORNEY 4. If not registered – actual knowledge is same as
1. Trust has 3 parties while power of attorney has 2 registration
parties
2. Trust is for benefit of 3rd party while power of DUTY OF REGISTER OF DEEDS
attorney is for benefit of principal Basically ministerial but may refuse registration in ff
circumstances:
REGISTRATION OF TRUST 1. Title to land is not in the name of defendant
1. Sworn statement claiming interest by reason of an 2. No evidence is submitted to show that he
implied trust with description of land & reference to has present or possible future interest in
number of certificate shall be registered in Register land
of Deeds 3. Unless: heir
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 7

PROPERTIES EXEMPT FROM EXECUTION: Family Home CHAPTER 14: REGISTRATION OF LIS PENDENS

ATTACHMENT – How continued, reduced or discharged PURPOSE: keep subject matter within the power of the court
Any method sufficient in law until the entry of final judgment
Document to be registered Therefore creates merely a contingency & not a liens

1. EXECUTION SALE EFFECT OF REGISTRATION:


To enforce a lien of any description on 1. Impossibility of alienating the property in dispute
registered land, any execution or affidavit to during the pendency of the suit – may be alienated
enforce such lien shall be filed with but purchaser is subject to final outcome of pending
Register of Deeds where land lies suit
Register in registration book & memorandum 2. Register of Deeds duty bound to carry over notice of
upon proper certificate of title as adverse lis pendens on all new titles to be issued
claim or as an encumbrance
To determine preferential rights between 2 liens: CANCELLATION OF LIS PENDENS:
priority of registration of attachment 1. Before final judgment – court may order cancellation
after showing that notice I sonly for purpose of
2. TAX SALE molesting an adverse party or it is not necessary to
Sale of land for collection of delinquent taxes protect rights of party who caused it to be registered
and penalties due the government 2. Register of Deeds may also cancel by verified
In personam (all persons interested shall be petition of party who caused such registration
notified so that they are given opportunity 3. Deemed cancelled when certificate of clerk of court
to be heard) stating manner of disposal of proceeding is
Notice to be given to delinquent tax payer at last registered
known address
Publication of notice must also be made in NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION
English, Spanish & local dialect & posted Sufficient that there is entry in day book
in a public & conspicuous place in place
wherein property is situated & at main OTHER PARTIES WHO NEED TO REGISTER:
entrance of provincial building 1. ASSIGNEE IN INVOLUNTARY PROCEEDING
Sale cannot affect rights of other lien holders FOR INSOLVENCY
unless given right to defend their rights: Duty of the officer serving notice to file copy of
due process must be strictly observed notice to Register of Deeds where the
Tax lien superior to attachment property of debtor lies
No need to register tax lien because it is Assignee elected or appointed by court shall be
automatically registered once the tax entitled to entry of new certificate of
accrues registered land upon presentment of copy of
But sale of registered land to foreclose a tax lien assignment with bankrupt’s certificate of
need to be registered title (duplicate)
New certificate shall not that it is entered to him
PROCEDURE OF REGISTRATION OF TAX SALE: as assignee or trustee in insolvency
1. Officer’s return shall be submitted to Register of proceedings
Deeds together with duplicate title
2. Register in registration book JUDGMENT/ORDER VACATING INSOLVENCY
3. Memorandum shall be entered in certificate as an PROCEEDINGS
adverse claim or encumbrance Order shall also be registered
4. After period of redemption has expired & no Surrender title issued in name of assignee &
redemption (2 years from registration of auction debtor shall be entitled to entry of new
sale) cancellation of title & issuance of new one certificate
5. Before cancellation, notice shall be sent to registered
owner: to surrender title & show cause why it shall 2. GOVERNMENT IN EMINENT DOMAIN
not be cancelled Copy of judgment file in Register of Deeds
which states description of property,
ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION certificate number, interest expropriated,
nature of public use
ADVERSE CLAIM Memorandum shall be made or new certificate
Make a statement in writing setting forth alleged interest, of title shall be issued
from whom acquired, how acquired, no of certificate
of land, name of registered owner, description of CHAPTER 15: TRANSMISSION BY DESCENT AND
land in which right/interest is claimed – signed & DEVISE
sworn to
Statement shall be entitled to registration as adverse WHEN OWNER OF PROPERTY DIES – testate or intestate,
claim on certificate of title Administrator shall file with Register of Deeds
Effective for 30 days from date of registration registration of property in his name to be vested with
After 30 days, may be cancelled by filing of verified ownership as trustee so he can sell, etc, convey, etc
petition by party in interest Not necessary if already empowered in the will
Any party may petition in court to cancel
adverse claim WHEN JUDICIAL PROCEEDING NOT NECESSARY
Court to grant speedy hearing Heirs may partition estate immediately & no need to be
If adverse claim is adjudged invalid – may be burdened with cost/expenses of an administrator
cancelled In absence of debts
No 2nd adverse claim based on same ground shall be Heirs are all of legal age
registered by same claimant
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 8

PARTITION/SETTLEMENT OF ESTATE be paid to the Assurance Fund; annual report of


JUDICIAL Treasurer to Secretary of Budget
After entry of final judgment of partition, copy
certified by clerk of court to be filed with WHO IS ENTITLED:
Register of Deeds Claimant must be owner, purchaser or encumbrancer in
Each owner to gave separate certificate of title good faith who suffered actual damage by loss of
(duplicate) land; in short – he is deprived of his land or interest
If ordered to be sold, purchaser shall be entitled therein
to a certificate of title entered in his name No negligence attributable to him
upon presentment of order confirming sale Claimant is barred from filing action to recover said land
EXTRAJUDICIAL Action to recover from assurance fund has not prescribed
Decedent died intestate
No debts LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING
Heirs are all of legal age, or minors represented REASONS:
by guardian 1. Breach of trust
Heirs to execute public instrument to be 2. Mistake in resurvey resulting in expansion of area in
filed with Register of Deeds certificate of title
If disagree with each other, file in court
ordinary action for partition
If there is only 1 heir, may adjudicate to
himself entire estate via affidavit to LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING
be filed with Register of Deeds REASONS:
If there is movables involved, bond to
be filed equivalent to value of
property as certified under oath by
parties conditioned upon payment
if any just claim which may be
filed by creditor within 2 years AGAINST WHOM ACTION IS FILED:
after distribution Action due to deprivation of land due to mistake,
Publication in newspaper of general negligence, omission of Register of Deeds, etc –
circulation for 3 weeks; not Register of Deeds and National Treasurer as
binding to those without notice defendants; Sol-Gen must appear
Final after 2 years Private persons involved – should also be impleaded

ORAL PARTITION, WHEN DEEMED VALID LIABILITY:


In provinces when person dies leaving property not Satisfy claims from private persons first
covered by Torrens system – to avoid legal expenses, When unsatisfied – secondary liable is the National
heirs make a list of property, pay off debts & assign Treasurer who shall pay thru assurance fund;
to each thereafter Government shall be subrogated to rights
Statute of frauds – do not operate because it is not a of plaintiff to go against other parties or securities
conveyance but a separation of property and
designation of part which belongs to them MEASURE OF DAMAGES:
 Based on amount not greater than fair market value
WILLS AND LETTERS OF ADMINISTRATION of land
Executor required to file with Register of Deeds a  Amount to be recovered not limited to 500,000
certified copy of his letters of administration or the which is maintained as standing fund
will if there is a will in order that Register of Deeds  If fund is not sufficient, National Treasurer is
may register upon certificate a memorandum with authorized to make up for deficiency from other
reference to file no & date of filing funds available to Treasury even if not appropriated
COURT AUTHORITY NEEDED IN ORDER TO SELL WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE
May be dispensed with if will empowers him sell FUND:
Without authority first secured, heir may sell subject to Any court of competent jurisdiction – RTC in city where
result of pending administration property lies or resident of plaintiff
Action prescribes in 6 years from time plaintiff actually
CHAPTER 16: ASSURANCE FUND suffered loss
State creates a fund for the compensation of persons If plaintiff is minor, insane or imprisoned – has
injured by divesting/cutting off of rights due to the additional 2 years after disability is removed to file
indefensibility of title; following that act of action notwithstanding expiration of regular period
registration is operative act by which State transfers
title; created to relieve innocent persons from
harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to land. CHAPTER 17: PETITIONS AND MOTIONS AFTER
ORIGINAL REGISTRATION
Upon entry of certificate in name of owner or TCT, ¼ of
1% shall be paid to Register of Deeds based on LOST DUPLICATE CERTIFICATE
assessed value of land – as contribution to assurance  Sworn statement that certificate is lost to be
fund; if no assessment yet, sworn declaration of 2 filed by person in interest with Register of
disinterested persons subject to determination by Deeds
court.
 Petition to court for issuance of new title
Money shall be under custody of the National treasurer;  After notice and hearing – court to order
invest it until P+I aggregates to 500,000, excess shall issuance of new title with memorandum
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 9

that it is issued in place of lost certificate Registered owner has married


(duplicate) Marriage has terminated
 If false statement: complex crime of estafa Corporation which owner registered
thru falsification of public document land has dissolved and has not
ADVERSE CLAIM IN REGISTERED LAND conveyed the property within 3
 Whoever claims a better right or interest in years after its dissolution
a land adverse to the registered owner shall  What corrections are permitted in title
make written statement alleging his right, (which does not include lands included in
how and when acquired with description of original; technical description as long as
land original decree of registration will not be
 Statement to be signed and sworn to reopened and rights or interest of persons
 Entitled to registration as adverse claim – not impaired; old survey was incorrect;
noted on certificate of title substitution of name of registered owner)
 If there is petition – speedy hearing, 1. Alteration which do not impair
determine validity of adverse claim rights and
2. Alteration which impair rights –
 May be cancelled without court order; with consent of all parties
effective only for 30 days
3. Alterations to correct obvious
 After cancellation, no adverse claim on mistakes
same ground may be registered by same
claimant 5. RECONSTITUTION OF ORIGINAL
Adverse to registered owner CERTIFICATE OF TILE
Arises after original registration  As consequence of war – records have been
Cannot be registered under provisions
destroyed
of land registration act
 When reconstituted – have same validity as
 To be made on original certificate, to the
old title
duplicate is not necessary because no access
 Can only be done judicially by filing a
 Contracts of lease, contract to sell but
petition for reconstitution with RTC
prescription and money claims are not
allowed  To be published in OG for 2 cons issues and
on main entrance of municipality at least 30
 Purpose: measure designed to protect the days before hearing
interest of a person over a property where
registration is not provided for by the land  In rem proceedings
registration act; serve as notice and warning  Court to order reconstitution if it deemed
to persons subsequently dealing on said fit; issue order to Register of Deeds
land  Lack of essential data fatal
 Different with lis pendens: permanent; can
only be removed after hearing is done but 6. TRANSACTION EVIDENCED BY LOST
adverse claim is only for 30 days: lis DOCUMENT – HOW REGISTERED
pendens – notice that property is in  Register of Deeds forbidden to effect
litigation; adverse claim; somebody is registration of lost or destroyed documents
claiming better right  Steps by interested parties:
 Recent ruling: adverse claim can only be 1. Procure authenticated copy of lost
removed upon court order or destroyed instrument
2. Secure an order from court
3. PETITION SEEKING SURRENDER OF
DUPLICATE TITLE CHAPTER 18: FEES, OFFENSES, PENALTIES
 In voluntary and involuntary conveyances –  In connection with original and subsequent
when duplicate cannot be produced, petition registration of lands – payable to Clerk of court,
in court may be filed to compel surrender of Register of Deeds, sheriff
certificate of title duplicate to Register of  Full payment of fees prerequisite to registration: at
Deeds least the entry fee of 5.00, rest of the fees due
 After hearing, may order issuance of new payable within next 15 days
certificate and annul the old certificate; new
certificate shall contain annotation re OFFENSES:
annulment of old certificate 1. Larceny
2. Perjury – false statement under oath
4. AMENDMENT AND ALTERATION OF 3. Fraudulent procurement of certificate: fine of not
CERTIFICATE OF TITLE more than 10,000 or imprisonment of 5 years or both
 A certificate of title cannot be altered, in discretion of court
amended except in direct proceeding in 4. Forgery: fine of not more than 10,000 or
court; summary proceeding imprisonment of 10 years or both in discretion of
 Entries in registration books also not court
allowed to be altered except by order of the Forging of seal in Register of Deeds, name,
court signature or handwriting of any officer of
court of Register of Deeds
 Grounds:
Fraudulent stamping or assistance in stamping
New interest not appearing on the Forging of handwriting, signature of persons
instrument have been created
authorized to sign
Interest have terminated or ceased Use of any document which an impression of the
Omission or error was made in entering
seal of the Register of Deeds is forged
certificate 5. Fraudulent sale: sale of mortgaged property under
Name of person on certificate has been
the misrepresentation that it is not encumbered;
changed deceitful disposition of property as free from
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 10

encumbrance: imprisonment of 3 years or fine not FISHPONDS


exceeding 2,00 or both at discretion of court Before: included in definition of agriculture, conversion of
agricultural land to fishponds does not change character of
CHAPTER 19: REGISTRATION OF PUBLIC LANDS land
PUBLIC LANDS – all lands owned by the government Now: restricted meaning; fishponds has distinct category;
Inalienable and alienable cannot be alienated but may be leased from government.
Inalienable – public domain: timber and miner lands
Alienable/ Disposable - public agricultural land DIRECTOR OF LANDS
Quasi-judicial officer
PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE Findings of fact conclusive on higher court with absence
PERSON. of fraud, mistake other than error of judgment; but
not with regards to finding of law
PROCEDURE: Empowered to alienate and dispose lands
Official issuing instrument of conveyance to issue
instrument MODES OF ALIENATING PUBLIC LANDS:
File instrument with Register of Deeds Homestead settlement
Instrument to be entered in books and owner’s duplicate Sale
to be issued Confirmation of imperfect or incomplete title
Instrument – only contract between Government and Judicial legalization
private person and does not take effect as conveyance Administrative legalization
if unregistered, it is registration which is operative
act of conveying land; evidence of authority for Lease not included since lease does not transfer ownership;
Register of Deeds to register free-title grant: free distribution of public lands to
Fees to be paid by grantee encourage people to cultivate; government furnishes the
After issuance of certificate of title, land is deemed applicant with tolls plus cash allowance to enable him to
registered land within the purview of the Torrens cultivate
system
CONFIRMATION OF IMPERFECT TITLE:
NATURE OF TITLE TO PUBLIC LANDS CONVEYED: Last extension granted by Government was until
INDEFEASIBLE AND CONCLUSIVE December 31, 1987
In absence of registration, title to public land is not Right made available to person qualified to acquire
perfected and therefore not indefeasible alienable and disposable public land thru open,
In case of 2 titles obtained on same date – one procured continuous, exclusive, notorious (OCEN) possession
thru decree of registration is superior than patent under bonafide claim of ownership since June 12,
issued by director of lands 1945.
2 titles procured by one person – one from homestead Prior to transfer of sovereignty from Spain to
patent, one from judicial decree & sold to 2 diff US, have applied for purchase but did not
persons, one who bought it for value and in good receive title, without default on their part
faith & one who register first shall have preference provided they have occupied since their
application
CLASSIFICATION OF LAND OF PUBLIC DOMAIN: In OCEN possession since June 12, 1945 or
Classification is exclusive prerogative of executive & not earlier
by judiciary Members of cultural minorities in OCEN who
Anyone who applies for confirmation of imperfect title has claim of ownership for at least 30 years
has burden of proof to overcome the presumption
that the land sought to be registered forms part of MAX LAND THAT CAN BE APPLIED: 144 hectares
public domain (Regalian doctrine) In case of foreigner, sufficient that he is already Filipino
citizen at the time of his application
UNDER THE CONSTITUTION: Corporation who has less 60% Filipino ownership cannot
Agricultural – only one subject to alienation apply confirmation of imperfect title; can only lease
Forest or timber
Mineral lands PERSONS COMPETENT TO Q UESTION LAND GRANT
National park Persons who obtained title from State or thru persons
who obtained title from State
UNDER THE PUBLIC LAND ACT:
1. Alienable/disposable PATENT
a. Agricultural
b. Residential, commercial, industrial WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY
c. Educational, charitable OPERATION OF LAW:
d. Town sites and for public and quasi-public 1. Deed of conveyance issued by government
uses patent/grant
2. Timber lands - inalienable 2. Registered with Register of Deeds – mandatory:
3. Mineral lands inalienable operative act to convey & transfer title
If patent or title is issued – void ab initio for 3. Actual physical possession, open & continuous
lack of jurisdiction Land ceased to be part of public domain & now
Not subject to acquisitive prescription; even if in ownership vests to the grantee
possession for long time, will not ripen into Any further grant by Government on same land
ownership is null & void
Except: mineral lands and forest lands acquired Upon registration, title is indefeasible
before inauguration of Commonwealth in
November 15, 1935; vested rights which are TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
protected Indefeasible – when registered, deemed incorporated with
Torrens system; 1 year after issuance of patent
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 11

May not be opened one year after entry by Land


Registration Authority; otherwise, confusion, PROCEDURE:
uncertainty & confusion on government system, of 1. CADASTRAL SURVEY
distribution of public lands may arise & this must be In opinion of Phil president pursuant to
avoided requirement of public interest, title of land
Except: annullable on ground of fraud, may be within a specified area needs to be settled
reopened even after 1 year because registration does and adjudicated
not shield bad faith Order Director of Lands to make survey and
Court in exercise of equity jurisdiction may plan
direct reconveyance even without ordering Director gives notice to persons claiming
cancellation of title interest in lands & to gen public of day of
survey – published in OG and posted in
AIM OF HOMESTEAD PATENT: conspicuous place on lands to be surveyed
Benevolent intention of government to distribute Geodetic engineers commences survey
disposable agricultural land to destitute citizens for During survey, boundaries are marked by
their home and cultivation monuments
As a matter of public policy, may be repurchased even if 2. FILING OF PETITION
after 5 years provided not for profit After survey and plot been made, Director
Right of repurchase not allowed if sold within family & represented by Sol Gen institutes cadastral
not for cultivating or living but for speculation proceeding by filing petition in court
purpose against holders, claimants, possessors,
occupants
RESTRICTIONS: Parcel of lots given their cadastral numbers
Cannot be alienated within 5 years after approval of PUBLICATION OF NOTICE OF HEARING
application for patent Court to order date of hearing
Cannot be liable for satisfaction of debt within 5 years LRA to notify public by publishing notice 1x in
after approval of patent application OG and 1x in newspaper of general
Subject to repurchase of heirs within 5 years after circulation & copy mailed to person whose
alienation when allowed already address is known & other copies posted in
No corporation, partnership, association may acquire conspicuous place designated bylaw
unless solely for commercial, industrial, educational, FILING OF ANSWER
religious or charitable purpose or right of way Any person claiming interest in any part of
subject to consent of grantee & approval of Secretary lands subject to petition is required to file
of Natural resources answer
Answer must give the ff details:
EXCEPTIONS: Age of claimant
Action for partition because it is not a conveyance Cadastral number of lot claimed
Alienations or encumbrances made in favor of the Name of barrio or municipality where
government lot is located
Name of owners of adjoining lots
ERRED HOMESTEADER NOT B ARRED BY PARI DELICTO If in possession & without grant – no of
 Pari delicto rule does not apply in void contract years in possession
 Violation of prohibition results in void contract If not in possession – state interest
 Action to recover does not prescribe claimed
If assessed of taxation – assessed value
HOMESTEADER Any encumbrances affecting said lots
 If he dies, succeeded by heirs in the application HEARING OF CASE
In any convenient place where land lies
LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS Like an ordinary RTC trial
(CULTURAL MINORITIES) Conflicting claims are determined
Lots claimed are awarded to persons entitles – if
 Conveyance is valid if able to read and can
they could prove title
understand language where deed is written If none could prove title – land is declared
 Otherwise, not valid unless approved by Commission public domain
on National Integration DECISION
 Safeguard is to protect them against fraud/deceit Claimants are notified of decision
ISSUANCE OF DECREE AND CERTIFICATE OF
CHAPTER 20: CADASTRAL REGISTRATION TITLE
PROCEEDINGS Upon order of court, LRA to enter decree of
registration
PURPOSE: Decree made basis for issuance of OCT
Another means to bring lands under operation of Torrens Decree are now being directly prepared and
System issued on regulation forms of such
Ordinary registration is slow for lack of initiative on part certificate
of landowners, innovation was conceived to hasten
and accelerate registration NATURE OF TITLE COVERED BY 2 ACTS:
Government initiates that all lands within a stated region Title in good faith & for value
are up for registration – whether or not owners are Errors in plan does not annul decree of registration
interested to settle their titles Cancellation & correction is permitted
NATURE OF PROCEEDINGS: LAND ALREADY REGISTERED
 In rem Jurisdiction is limited only to correction of technical
 No defendant & no plaintiff errors
 Compulsory Court cannot issue decree on land already decreed
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S 12

Revision of decree allowed when substantial rights are Jurisdiction subsist to all incidental matters
not impaired; what is prohibited is registered land to
be registered again in name of another
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
CADASTRAL ORDINARY
Party Initiating Government Private Individual
Subject Matter Private and Public Private Lands
Ownership Government does not assert ownership Ownership is Asserted
Interested only in settlement of titles
Survey Government undertakes survey and On account of owner
advances expenses
As to risk In absence of successful claimant, Applicant has another chance to claim is
property goes to government dismissal is without prejudice

WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED


10 years up to Dec 31, 1968
Unable to file their claim even while in possession granted right to petition for reopening of proceedings provided such were not
alienated, leased or disposed by government

CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION
Provisions of land registration act applicable to cadastral proceedings

CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS


System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better rights of 3 rd person prior to registration (limited effect
to 3rd parties)
Reason: no strict investigation involved
Subsequent dealings – also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order – registered
3. If found defective – registration is refused writing his reason for refusal.

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