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