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o all applications for original

Land Registration and related
Proceedings
By Amado Aquino
1997 edition
Chapter 1- Torrens System; Governing
Law; Proper Court
1. Torrens System
- A system of registration of land under
which, upon the landowner’s
application, the court may, after
appropriate proceeding, direct the
issuance of a certificate of title (CT)
2. Purpose
1. avoid possible conflicts of title in and
to real property
2. Facilitate transactions relative thereto
by giving the public the right to rely
upon the face of the Torrens certificate
of title and to dispense further inquiry
o Except when party has actual
knowledge of
facts/circumstances that should
impel reasonable cautious man
to make further inquiry
3. Nature of land reg’n proceedings
- in rem
- based on generally accepted principles
underlying Torrens system (Spanish
Mortgage Law is discontinued)
4. Governing law
-PD 1529 (Property Registration Decree)
5. Related Laws
- Act No 496 (Land Registration Law)
- Public Land Act
6. Jurisdiction
- RTC
- PD 1529 §21 “Courts of First Instance
shall have exclusive jurisdiction over
1
§ numbers pertain to PD 1529 unless otherwise
indicated
registration of title to lands,
including improvements and
interests therein,
o and over all petitions filed after
original registration of title,
o with power to hear and
determine all questions arising
upon such applications or
petitions..”
- Delegated JD to MTCs (BP 129 § 34)-
may be assigned by SC to hear and
determine cadastral or lad registration
cases covering lots
o where there is no controversy or
opposition
o or contested lots the value of
which does not exceed P100K
Chapter II- Admin’n of Torrens System
1. Land Registration Authority (LRA)
- charged with the efficient execution of
laws relative to the registration of lands
- under exclusive supervision of DOJ
A. Functions of the authority §6(2)
1.Extend speedy and effective
assistance to the Department of
Agrarian Reform, the Land Bank, and
other agencies in the implementation of
the land reform program of the
government;
Extend assistance to courts in
2.
ordinary and cadastral land registration
proceedings;
3.Be the central repository of records
relative to original registration of lands
titled under the Torrens system,
including subdivision and consolidation
plans of titled lands.
B. Functions of the Administrator of LRA
§6(1)
1.Issue decrees of registration pursuant
to final judgments of the courts in land
registration proceedings and cause the
issuance by the Registers of Deeds of
the corresponding certificates of title;

2.Exercise supervision and control over
all Registers of Deeds and other
personnel of the Commission;
Resolved cases elevated in consulta
3.
by, or on appeal from decision of,
Registers of Deeds;
4.Exercise executive supervision over all
clerks of court and personnel of the
Courts of First Instance throughout the
Philippines with respect to the
Chapter III-Original Registration Under
discharge of their duties and functions
PD 1529
in relation to the registration of lands;
1.
5.Implement all orders, decisions, and
decrees promulgated relative to the
registration of lands and issue, subject
to the approval of the Secretary of
Justice, all needful rules and
regulations therefor;
6.Verify and approve subdivision,
consolidation, and consolidation-
subdivision survey plans of properties
titled under Act No. 496 except those
covered by P.D. No. 957.
2. The Register of Deeds (RD)
- appointed by Pres upon recommendation of
Sec of Justice
A. General Fxn
1.to immediately register an instrument
presented for registration dealing with
real or personal property which
complies with all the requisites for
registration.
prepare and keep index system which
2.
contains names of all registered owners
and lands registered in their names
B. Ministerial character of duty to register
- precluded from exercising judgment and
discretion when confronted of problem
of WON to register – this belongs to
Courts
- when in doubt, submit question to
Administrator
C. When RD may deny registration of
voluntary instruments [Balbin vs RD]
2.
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When there is more than 1 copy of
1.
owners duplicate of certificate of title
and not all copies are presented to RD
2.Where instrument bears on its face
infirmity
3.Where validity of instrument sought
to be registered is in issue in a pending
court suit. Reg’n suspended to await
final outcome
Reqts in Ordinary land Reg’n Proceedings
(also applies to confirmation of
imperfect/incomplete title)
1. Survey of land
2. Filing of application
3. Setting of date for initial hearing
Transmittal of application and date of
4.
hearing by Clerk of Court to LRA
Publication of notice of filing and
5.
date/place of hearing in Official Gazette
Service of notice to contiguous
6.
owners, occupants and those known to
have interest in the property
Fling of Answer to the application by
7.
any person WON named in the notice
8. Hearing of case by the Court
9. Promulgation of judgment by Court
10.Issuance of the decree by Court
declaring the decision final and
instructing LRA to issue a decree of
confirmation and registration
11. Entry of decree of registration in LRA
12.Sending of copy of the decree of
registration to RD
13.Transcription of the decreed of
registration in the registration book an
issuance of owner’s duplication original
certificate of title (OCT) to the applicant
by the RD upon payment of prescribed
fees
Applicants in ordinary reg’n proceedings §14
A. Those who by themselves or through
their predecessors-in-interest have been in

open, continuous, exclusive and notorious
possession and occupation of alienable
and disposable lands of the public domain
under a bona fide claim of ownership since
June 12, 1945, or earlier.
B.Those who have acquired ownership of
private lands by prescription under the
provision of existing laws.
1.Civil Code 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. (1959a)
Civil Code Art. 1138. In the
2.
computation of time necessary for
prescription the following rules shall be
observed:
(1) The present possessor may
complete the period necessary for
prescription by tacking his possession
to that of his grantor or predecessor
in interest;
(2) It is presumed that the present
possessor who was also the possessor
at a previous time, has continued to
be in possession during the
intervening time, unless there is proof
to the contrary;
(3) The first day shall be excluded
and the last day included. (1960a)
C. Those who have acquired ownership of
private lands or abandoned riverbeds by
right of accession or accretion under the
existing laws.
1.NCC Art. 457. To the owners
of lands adjoining the banks of rivers
belongs the accretion which they
gradually receive from the effects of
the current of the waters. (336)
2.NCC Art. 461. 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.
However, the owners of the lands
adjoining the old bed shall have the
right to acquire the same by paying the
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value thereof, which value shall not
exceed the value of the area occupied
by the new bed. (370a)
D. Those who have acquired ownership of
land in any other manner provided for by
law. Ex. Land Grant
Where the land is owned in common, all
the co-owners shall file the application
jointly.
Where the land has been sold under pacto
de retro, the vendor a retro may file an
application for the original registration of
the land, provided, however, that should
the period for redemption expire during the
pendency of the registration proceedings
and ownership to the property consolidated
in the vendee a retro, the latter shall be
substituted for the applicant and may
continue the proceedings.
A trustee on behalf of his principal may
apply for original registration of any land
held in trust by him, unless prohibited by
the instrument creating the trust.
3. Persons who CANNOT apply
1. A public land sales applicant
2. A mortgagee (must foreclose)
Antichretic creditor – his possession is
3.
not in the concept of owner
4.A person whose claim is denied in a
reivindicatory action (i.e. the right of
ownership of adverse party is upheld)
cannot apply for the same land in reg’n
proceedings
4. Form and contents of application
A.In writing, signed ( by the applicant or
representative) and sworn to
B. Contents §15, 14,
1.description of the land, bldgs,
improvements
2.citizenship and civil status of the
applicant. If married, the name of the
spouse; if the marriage has been
legally dissolved, when and how the
marriage relation terminated.
Full names and addresses of all
3.
occupants of the land and those of the

adjoining owners, if known, and, if not
known, it shall state the extent of the
search made to find them
4. Assessed value of land, bldgs
5. mortgage or encumbrance of any kind
6.Manner by w/c applicant acquired the
land
7.§20 If the application describes the
land as bounded by a public or private
way or road, it shall state whether or
not the applicant claims any and what
portion of the land within the limits of
the way or road, and whether the
applicant desires to have the line of the
way or road determined.
8. §21The court may require facts to be
stated in the application in addition to
those prescribed by this Decree not
inconsistent therewith and may require
the filing of any additional paper. It
may also conduct an ocular inspection,
if necessary.
C. Annexes – monuments of titles or copies
thereof, survey plan approved by Bureau
of Lands
D. Where to file – RTC of the province or
city where the land is situated (furnish
Director of Lands a copy
E.Amendments to application and needed
publication § 18, 19 –
must comply with req’d publication
1.
and notice if the amendment of the
application consists in:
substantial change in the
(a.)
boundaries
(b.) an increase in the area of the
land applied for; or
(c.) The inclusion of additional
land
2.Effect of non-compliance -w/o it,
court cannot acquire JD over the area
that is added
3.Reason- 3rd parties who have not had
the opportunity to present their claim
might be prejudiced in their rights
because of failure of notice
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Chapter !V- Judicial Confirmation of
Imperfect Title Under Public Land Act
1. Nature (also applies to Chapter III) – in rem,
takes the nature of judicial proceedings, the
decree is conclusive and final
2. Changes in governing law
Public Land Act §48(b) as amended 2“The
following described citizens of the
Philippines, occupying lands of the public
domain or claiming to own any such lands
or an interest therein but whose titles have
not been perfected or completed, may apply
to the CFI (now RTC) of the province where
the land is located for confirmation of their
claims and the issuance of a certificate of
title therefore, under the Land registration
Act (now Property Registration Decree)
Those who by themselves or through
their predecessors-in-interest have been in
open, continuous, exclusive and notorious
possession and occupation of alienable and
disposable lands of the public domain under
a bona fide claim of acquisition of
ownership, since June 12, 1945
3. Extension for filing applications – latest
extension is 31 December 2000 (don’t know if
there is new extension)
4. Limitation of area applied for – must not
exceed 12 ha
5. Applicants
A. Who
1. Filipino citizens who by themselves or
through their predecessors-in-interest
have been in open, continuous,
exclusive and notorious possession and
occupation of alienable and disposable
lands of the public domain under a
bona fide claim of acquisition since
June 12, 1945, or prior thereto or even
since time immemorial
2. Filipino citizens who by themselves or
through their predecessors-in-interest
have been, to effectivity of PD 1073, in
open, continuous, exclusive and
notorious possession and occupation of
2
Amendments are underlined

agricultural lands of the public domain
under a bona fide claim of acquisition
of ownership for at least 30 years
(since Jan 24, 1947)
3.Natural-born citizens of the Phil who
have lost their citizenship, who have
acquired disposable and alienable lands
of the public domain from Filipino
citizens who possessed the same in the
same manner and length of time as 1
and 2
B. What they must prove
1.the land is alienable and disposable
land of the public domain
2.his possession must be for the length
of time and in the manner as stated in
Public Land Act §48(b)
Kind of possession
(a.) Open- patent, visible,
apparent
(b.)Continuous- unbroken and not
occasional
(c.) exclusive
(d.) notorious- so conspicuous that
it is generally known and talked of
by the public
C. Effect of compliance with reqt
1.The possessor is deemed to have
acquired, by operation of law, a right to
a grand ( a govt grant) without
necessity of a CT being issued.
The land ceases to be of public
2.
domain
3.Application for confirmation is a mere
formality
6. Private corporations or assns as applicants
A. Consti ChXII §3 “..Private corporations or
associations may not hold such alienable
lands of the public domain except by
lease, for a period not exceeding twenty-
five years, renewable for not more than
twenty-five years, and not to exceed one
thousand hectares in area”
B. BUT prohibition does not apply where at
the time such corp. acquired the land, its
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predecessors-in-interest by exclusive,
continuous, and adverse possession of the
same for ore than 30 years had acquired
ownership thereof ipso jure, enabling the
latter to convey title to the corp.
7. Form and contents of application – same as
PD 1529
Chapter V- Non Registrable Properties
1. Civil Code provisions
A.Properties of public dominion which are
reserved for public purposes; held by the
State by regalian right. NCC Art 402:
1.Those intended for public use, such
as roads, canals, rivers, torrents, ports
and bridges constructed by the State,
banks, shores, roadsteads, and others
of similar character (ex. Public market,
public plaza);
2.Those which belong to the State,
without being for public use, and are
intended for some public service or for
the development of the national
wealth. (339a)
B.With the exception of agricultural lands,
all other natural resources shall not be
alienated:
1. Waters NCC Art 502
(a.) Rivers and their natural beds;
(b.) Continuous or intermittent
waters of springs and brooks
running in their natural beds and
the beds themselves;
(c.) Waters rising continuously or
intermittently on lands of public
dominion;
(d.) Lakes and lagoons formed by
Nature on public lands, and their
beds;
(e.) Rain waters running through
ravines or sand beds, which are
also of public dominion;
(f.) Subterranean waters on public
lands;
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(g.) Waters found within the zone 1. Notice of initial hearing

of operation of public works, even
§23 The court shall, within five days from filing
if constructed by a contractor;
of the application, issue an order setting the
(h.) Waters rising continuously or date and hour of the initial hearing which shall
intermittently on lands belonging to not be earlier than forty-five days nor later than
private persons, to the State, to a ninety days from the date of the order.
province, or to a city or a
The public shall be given notice of the initial
municipality from the moment they
hearing of the application for land registration
leave such lands;
by means of (1) publication; (2) mailing; and (3)
(i.) The wastewaters of fountains, posting.
sewers and public establishments.
-- these are done by the Administrator of LRA
(407)
A. Publication of initial hearing
2. Specific kinds of non-registrable properties or
lands 1. § 23
A.Forest or timberland, public forest, forest (a.) (Who)Commissioner of Land
reserves Registration shall cause notice of
initial hearing to be published
1. Power to classify/reclassify public
lands into alienable or disposable lands (b.) (Where) once in the Official
is an exclusive prerogative of the Gazette and once in a newspaper
executive dept – need positive act such of general circulation in the
as a Pres’l issuance Philippines: Provided, however,
that the publication in the Official
2.“Forest land” – the classification is
Gazette shall be sufficient to confer
descriptive of its legal nature or status
jurisdiction upon the court.
and does not have to be descriptive of
what the land actually looks like -Means that even publication in
OG only will suffice
B. Mangrove swamps
(c.) (To whom) Said notice shall
C. Mineral lands
be addressed to all persons
D. Foreshore lands and Seashore appearing to have an interest in
the land involved including the
E. Navigable rivers, streams and creaks
adjoining owners so far as known,
F. Lakes and "to all whom it may concern".
Said notice shall also require all
G. Military reservations
persons concerned to appear in
H. Other reservations court at a certain date and time to
show cause why the prayer of said
1.Authority to make reservation –
application shall not be granted.
President may reserve for a specific
public use or service 2. Purpose
I. Watershed (a.) To confer JD over the land
applied for upon the court
J. Grazing lands
(b.) to charge the whole world
K. Previously titled land
with knowledge of the application
L.Alluvial deposit along river when man- of the land involved and invite
made them to take art in the case and
assert and prove their rights over
the property
Chapter VI- Publication, Opposition,
3. Defective publication n= no JD. Ex,:
Default

(a.) What was published was a
bigger lot which includes the lands
subject of registration
(b.) Actual publication was after
the hearing
B. Mailing and Posting of Initial hearing
1. To whom given
to every person named in the
(a.)
notice whose address is known.
(b.) to the Secretary of Public
Highways, the Provincial Governor
and the Mayor. - If the applicant
requests to have the line of a
public way or road determined
(c.) to the Secretary of Agrarian
Reform, the Solicitor General, the
Director of Lands, the Director of
Public Works, the Director of Forest
Development, the Director of Mines
and the Director of Fisheries and
Aquatic Resources. - If the land
borders on a river, navigable
stream or shore, or on an arm of
the sea where a river or harbor line
has been established, or on a lake,
or if it otherwise appears from the
application or the proceedings that
a tenant-farmer or the national
government may have a claim
adverse to that of the applicant
2. Notice by posting
(a.) Who- to be posted by the
sheriff of the province or city (or by
his deputy), in a conspicuous place
(b.)Where -on each parcel of land
included in the application and also
in a conspicuous place on the
bulletin board of the municipal
building of the municipality or city
in which the land or portion thereof
is situated,
(c.) When-fourteen days at least
before the date of initial hearing.
3. Proof of publication and notice
- The certification of the Administrator
of the LRA and of the sheriff concerned
to the effect that the notice of initial
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hearing has been complied with shall
be filed in the case before the date of
initial hearing, and shall be conclusive
proof of such fact.
2. Opposition to application in ordinary
proceedings
A. The oppositors
1. Need not be named in the application
2.Must claim interest in the property
based on a right of dominion or some
other right (whether legal or equitable
in nature)
B. When file
on or before the date of initial
1.
hearing,
2.or within such further time as may be
allowed by the court.
C. Contents and form of opposition
shall state all the objections to the
1.
application and
2.shall set forth the interest claimed by
the party filing the same and apply for
the remedy desired,
3.and shall be signed and sworn to by
him or by some other duly authorized
person.
3. Default
-Absent any oppositor, Court will issue order of
default
A. Effects of default
1. binds the whole world
2.All the allegations in the complaint
are deemed confessed on the part of
the opponent
3.Defaulted interested person may gain
standing by filing Motion to set aside
order of default (Rule 18§3)
B. Remedy on improper default order
-petition for certiorari
C. MTD application; MTD opposition-
1. Rule 16 applicable- may MTD for
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(a.) lack of JD over the rtes or (a.) Tracing cloth plan must be
attached to application OR as long
(b.) when land previously
as available to the Court for
registered n the name of another
comparison and consideration
(c.) res judicata
Technical description of the land
3.
applied for, duly signed by Geodetic
Engr
Chapter VII Evidence
4. Tax declarations
1. Burden of applicant
5. Boundaries and areas
A.To show that he is the real and absolute
owner (a.) Gen.Rule: in identification of
land, well-defined boundaries will
B.Must present competent, clear and
prevail over are and in case of
persuasive evidence
conflict, boundaries prevail
C.Presumption is that land forms part of
(b.) Exception: If substantial and
public dominion
unexplained discrepancies
2. What applicant must prove
D. Proof of private ownership
A.that land applied for has been reclassified
1.Spanish titles, in pending cases –
and is a public agricultural land, alienable
inadmissible in proceedings filed after
and disposable
8/16/76
B. Identity of the land
Tax declarations and realty tax
2.
C. Possession and occupation for length of payments BUT Lose probative value if:
time and manner reqd
(a.) Taxes were unpaid for a long
3. Specific evidences time but paid only months prior to
filing of the application
A. Proofs that land has been declassified
(b.) Irregular payments
1. Pres’l proclamation
(c.) Discrepancies in the names
2. EO's
3. Presl issuances and legislative acts
3. Admin Orders by Sec. of DENR
4. Others- ex photos, sketches
4.Bureau of Forest Development Land
Classification Map E. Proofs not sufficient to establish private
right or ownership
Certification by Director of Forestry;
5.
Repots by District Forester 1. Compromise agreement
Investigation reports of Bureau of
6. Decision in estate proceeding where
2.
Lands predecessor-in-interest of applicant has
no transmissible right
7. Legislative act/statue
3. Survey plan
B. Proofs NOT sufficient
F.Possession as mode of acquiring
1.Survey plan – merely identifies each
ownership
lot preparatory to judicial proceedings
1.Effect of possession – open, exclusive
2. Conversion of land and titling
and undisputed possession of alienable
C. Proofs of identity of land public land for the period prescribed by
aw creates the legal fiction whereby
1. survey plan
the land, upon completion of the
Tracing cloth plan and Blue print
2. requisite period ipso jure and without
copies of tracing cloth plan

need of judicial order, ceases to be
public and become private property
(a.) Proof: should present specific
facts that would show such nature
of possession
2. Start of requisite period
(a.) From the time land was
released (from another
classification to agricultural land)
(b.) IF applicants possession for
30 years was completed before the
reclassification, then such prior
possession may ripen to private
ownership
Tacking of possession to that of
3.
predecessor
-only where there is privity between
the successive possessors
Chapter VIII Hearing, Judgment and
Post-Judgment Incidents in Ordinary
Land Registration
1. Speedy hearing, reference to a referee, order
of trial §27
A.The trial court shall see to it that all
registration-proceedings are disposed or
within 90 days from the date the case is
submitted for decision,
B.May refer the case or any part thereof to
a referee
1. hear the parties and their evidence,
submit his report thereon to the Court
2.
within 15 days after the termination of
such hearing.
3.the court may in its discretion accept
the report, or set it aside in whole or in
part, or order the case to be
recommitted for further proceedings:
2. Res judicata as applied to registration
proceeding
A. Decision in cadastral proceeding –
generally not res judicata (conflicting
jurisprudence)
B.Final judgment in ordinary civil action –
res judicata in a land registration
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proceeding where the parties and property
are the same as in the former case
3. Judgment
§ 28. Partial judgment. - In a case where only
a portion of the land subject of registration is
contested, the court may render partial
judgment provided that a subdivision plan
showing the contested and uncontested portions
approved by the Director of Lands is previously
submitted to said court.
§29. Judgment confirming title. - All
conflicting claims of ownership and interest in
the land subject of the application shall be
determined by the court. If the court, after
considering the evidence and the reports of the
Commissioner of Land Registration and the
Director of Lands, finds that the applicant or the
oppositor has sufficient title proper for
registration, judgment shall be rendered
confirming the title of the applicant, or the
oppositor, to the land or portions thereof.
A.Only claimed property or portion thereof
can be adjudged – court has no JD to
adjudge others
B.When portions of land are covered by
public land patents – these portions should
be excluded by survey and their validity
should be subject if separate litigation
between the claiming party and such
registered patentees
C.Reports of Administrator of LRA and
Directory of Land Mgmt
1.may be received even after court
decision becomes final but not beyond
1 year from entry of decree
D.In shoes name registration of land may
be made
1. Applicant or oppositor
2.Buyer or to whom land has been
conveyed ( even if not party; n o need
to substitute party_
4. Finality of judgment and order to issue ‘decree
§30 The judgment rendered in a land
registration proceedings becomes final upon the
expiration of 15 days to be counted from the
data of receipt of notice of the judgment. An

appeal may be taken from the judgment of the
court as in ordinary civil cases.
After judgment has become final and executory,
it shall devolve upon the court to forthwith issue
an order in accordance with Section 39 of this
Decree to the Commissioner for the issuance of
the decree of registration and the corresponding
certificate of title in favor of the person
adjudged entitled to registration.
A.Period of appeal reckoned from receipt of
SolGen, not Fiscal
1.If appeal taken from judgment of
lower court, 15-day period reckoned
from receipt of notice of judgment by
appellate court
2. No execution pending appeal
B.Court continues to retain control of the
case until the expiration of 1 year after
Entry of Decree of Registration by the LRA
C. Court may issue order/Decree of
registration even beyond 15-day period –
because the judgment is merely
declaratory in character and does not need
to be enforced against adverse party
5. Remedies where records are lost or destroyed
A. If records in RTC and CA destroyed
without being reconstituted – parties
deemed to have waived effect of decision,
file an action anew for the registration in
their names
B.Records in CA destroyed – parties should
go back to next preceding stage where
records are available, nut not beyond that
6. Post judgment incidents
A. Writ of possession
1. When issued
TC may issue this even
(a.)
pending appeal from decision
(b.)No prescription for its
issuance
2. When NOT be issued:
(a.)Does not lie against person
who entered the property after
issuance of the final decree and
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who had not been a party in the
case
(b.) In a petition for reconstitution
of allegedly lost or destroyed CT –
such writ may be issued only after
final adjudication of the property
involved in an original registration
case
Remedy when there is refusal to
3.
vacate
(a.) Contempt –only when party
was already rejected /dispossessed
and later enters/attempts to enter
B. Writ of demolition
Chapter IX – Cadastral Registration
Proceedings
1. Nature
A. in rem
B.involuntary- initiative in the filing of
petition of registration is by the govt
C. Objective- adjudication of land
2. Cadastral survey preparatory to fling of
petition §35 Steps:
A. In the opinion of the President of the
Philippines public interest so requires that
title to any unregistered lands be settled
and adjudicated
B. Pres. may direct the Director of Lands to
cause to be made a cadastral survey of the
lands involved and the plans and technical
description thereof prepared
C.Director of Lands shall give notice to
persons claiming any interest in the lands
as well as to the general public, of the day
on which such survey will begin
1. Publish once in the Official Gazette,
2.Post in a conspicuous place on the
bulletin board of the municipal building
of the municipality in which the lands
or any portion thereof is situated.
Send a copy of the notice shall also
3.
be sent to the mayor of such
municipality as well as to the barangay
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captain and likewise to the G. Institute petition…

Sanggunians
3. Petition
D.Geodetic Engineers or Bureau of Lands
A. Who initiates
employees in charge of the survey
1.the Director of Lands, represented by
shall give notice (by posting) of the
1.
the Solicitor General
date on which the survey of any
portion of such lands is to begin, 2.filing the necessary petition in the
RTC of the place where the land is
2.mark the boundaries of the lands by
situated against the holders, claimants,
monuments set up in proper places
possessors, or occupants of such lands
thereon.
or any part thereof,
-It shall be lawful for such Geodetic
B. Contents
Engineers and other employees to
enter upon the lands whenever 1.that public interest requires that the
necessary for the purposes of such title to such lands be settled and
survey or the placing of monuments. adjudicated and praying that such titles
be so settled and adjudicated:
E. every person claiming an interest in the
lands to be surveyed must communicate description of the lands, accompanied
2.
with the Geodetic Engineer by a plan thereof, and other data
1.Any person who shall willfully obstruct C.Notice of initial hearing (Cadastral Act-
the making of any survey undertaken Act No. 2259)
or shall maliciously interfere with the
1. By publication
placing of any monument, or shall
destroy or remove any notice of survey 2. By mailing
shall be punished by a fine or by
3. By posting
imprisonment or both.
4. Answer to petition
F. Cadastral survey
A.Who: Any claimant in cadastral
1.Where the land consists of two or
proceedings, whether named in the notice
more parcels held or occupied by
or not
different persons, the plan shall
indicate the boundaries or limits of the B. How: shall appear before the court and
various parcels as accurately as shall file an answer on or before the date
possible. of initial hearing or within such further
time as may be allowed by the court.
(a.) parcels shall be known as
"lots", given separate numbers C. The answer shall be signed and sworn to
by the claimant or by some other
(b.) The cadastral number of a lot
authorized person in his behalf
shall not be changed after final
decision has been entered D. Contents: civil status, name of spouse,
decreasing the registration thereof, his nationality, residence and postal
except by order of court. Future address, and:
subdivisions of any lot shall be
(a) The age of the claimant;
designated by a letter/s
(b) The cadastral number of the lot
(c.)However in cities or townsites,
or lots claimed, as appearing on the
a designation of the landholdings
plan filed in the case by the Director of
by blocks and lot numbers may be
Lands, or the block and lot numbers, as
employed instead of the
the case may be;
designation by cadastral lot
numbers/letters.

(c) The name of the barrio and
municipality in which the lots are
situated;
(d) The names and addresses of
the owners of the adjoining lots so far
as known to the claimant;
(e) If the claimant is in possession
of the lots claimed and can show no
express grant of the land by the
government to him or to his
predecessors-in-interest, the answer
shall state the length of time he has
held such possession and the manner in
which it has been acquired, and shall
also state the length of time, as far as
known, during which the predecessors,
if any, held possession;
(f) If the claimant is not in
possession or occupation of the land,
the answer shall fully set forth the
interest claimed by him and the time
and manner of his acquisition;
(g) if the lots have been assessed
for taxation, their last assessed value;
and
(h) The encumbrances, if any,
affecting the lots and the names of
adverse claimants, as far as known.
5. MTD petition
A. Lack of JD
Ex. Land covered by CT issued
1.
pursuant to a public patent
B. Res judicata
6. Hearing; Judgment; Decree
A.Trial procedure –same as ordinary land
registration
1.Actions taken after trial by the
cadastral court:
(a.) Judgment .decision which
adjudicates ownership = Decree
(b.) Declaration by the court that
decree is final and its order for
issuance of CT by LRA
(c.)Registration of the decree by
the LRA and issuance of the
corresponding CT
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B. Scope and limitation of JD
If no successful claimant, property is
1.
declared public land
2. May also
(a.) Order correction of technical
description of land
(b.) Resolve priority of over-
lapping titles
C.Finality of judgment; effects – same as
ordinary land registration
7. Reopening of cadastral cases – no longer
allowed
Chapter X Decree of Registration of
Certification of Title
1. Decree of Registration
A. Contents §31
1. the date, hour and minute of its entry
2. signed by the LRA Administrator (and
filed with LRA).
3. Civil status,, name of spouse
(a.) if the land adjudicated by the
court is conjugal property, the
decree shall be issued in the name
of both spouses.
Nature of disability (if any, and if a
4.
minor, his age.
5.Description of the land as finally
determined by the court, and shall set
forth the estate of the owner
6.In such manner as to show their
relative priorities, all particular estates,
mortgages, easements, liens,
attachments, and other encumbrances,
including rights of tenant-farmers, if
any, to which the land or owner's
estate is subject, as well as any other
matters properly to be determined in
pursuance of this Decree.
B. Effects
1.Shall bind the land and quiet title
thereto, subject only to such exceptions
or liens as may be provided by law.

2.It shall be conclusive upon and
against all persons, including the
National Government and all branches
thereof, whether mentioned by name in
the application or notice
Bars the relitigation of the question of
3.
ownership in the same proceedings
4.The decree, after the lapse of 1 year
from date of its issuance, becomes
incontrovertible
C.Duty of Administrator of LRA to issue
decree
1.Ministerial. Must be in conformity
with court judgment and with date
found in record
2. If in doubt, refer matter to court
2. Certificate of Title
-The original certificate of title (OCT) shall
be a true copy of the decree of registration.
It is the transcription of the decree
-Takes effect on date of entry
A.Rule determining conjugal or paraphernal
character of land overt by CT
1.If property acquired during marriage
– issue CT in name of both spouses
If registered in name of one spouse,
2.
such belongs to registered owner
Note that “X, married to Y”
(a.)
belongs to X since “married to Y” is
only descriptive
B.Owner’s duplicate CT; Transfer Certificate
of Title (TCT)
1.Owner's duplicate CT shall be
delivered to the registered owner or to
his duly authorized representative.
If 2or more persons are registered
2.
owners:
(a.) 1 owner's duplicate CT may be
issued for the whole land, or
if the co-owners so desire, a
(b.)
separate duplicate may be issued
to each of them in like form, but all
outstanding certificates of title so
issued shall be surrendered
whenever the Register of Deeds
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shall register any subsequent
voluntary transaction affecting the
whole land or part thereof or any
interest therein.
(c.) The Register of Deeds shall
note on each certificate of title a
statement as to whom a copy
thereof was issued.
-owner named in CT has more
preferential right to possession of
owner’s duplicate than one whose
name does not appear
3.TCT may be issued by the Register of
Deeds pursuant to any voluntary or
involuntary instrument relating to the
same land
(a.) shall be in like form and
likewise issued in duplicate.
(b.) shall show the number of the
next previous certificate covering
the same land and
(c.) also the fact that it was
originally registered, giving the
record number, the number of the
original certificate of title, and the
volume and page of the registration
book in which the latter is found.
C. Probative value of CT
Registration does not vest tile; it is
1.
merely evidence of such title
2.Torrens certificate is the best
evidence of ownership over registered
land
3.CT not conclusive of ownership when
the issue of fraud and
misrepresentation in obtaining it is
seasonably raised or when certificate is
faulty as to its purported origin
D.Attributes of, and limitations on, CT and
registered land
Free from liens and encumbrances
1.
except those noted in said certification
and any of the following which may be
subsisting:
(a.) Liens, claims or rights arising
or existing under the laws and
Constitution of the Philippines
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which are not by law required to which may be affected or

appear of record in the Registry of prejudiced if such land is returned
Deeds in order to be valid against to the registered owner
subsequent purchasers or
4. CT not subject to collateral act
encumbrances of record.
(a.) It cannot be altered, modified,
(b.)Unpaid real estate taxes levied
or cancelled except in a direct
and assessed within 2 years
proceeding in accordance with law
immediately preceding the
acquisition of any right over the 5.Torrens certificate presumed valid
land by an innocent purchaser for and devoid of flaws
value, without prejudice to the
6.General incidents of registered land-
right of the government to collect
Registered land shall be subject to such
taxes payable before that period
burdens and incidents as may arise by
from the delinquent taxpayer
operation of law.
alone.
(a.) From any rights incident to
(c.)Any public highway or private
the relation of husband and wife,
way established or recognized by
landlord and tenant,
law, or any government irrigation
canal or lateral thereof, if the (b.) from liability to attachment or
certificate of title does not state levy on execution,
that the boundaries of such
(c.) from liability to any lien of any
highway or irrigation canal or
description established by law on
lateral thereof have been
the land and the buildings thereon,
determined.
or on the interest of the owner in
(d.) Any disposition of the such land or buildings, or
property or limitation on the use
(d.) from any right to change the
thereof by virtue of, or pursuant to,
laws of descent, or
PD No. 27 or any other law or
regulations on agrarian reform. (e.) from the rights of partition
between co-owners,
2. Incontrovertible and indefeasible
(f.) from the right of the govt to
Upon expiration of 1 year
(a.)
take the same by eminent domain,
from and after date of entry
(g.) from liability to be recovered
(b.) Applies to Decree and OCT
by an assignee in insolvency or
(c.) Not Indefeasible when trustee in bankruptcy under the
laws relative to preferences, or
i. There exists previous valid
title to the same land (h.) from any other rights or
liabilities created by law and
ii. Fraud attended acquisition
applicable to unregistered land,
of CT
except as otherwise provided in
3.Registered land not subject to this Decree.
prescription- cannot acquire registered
7. Where certificate of title was obtained
land by prescription
by trustee – he cannot repudiate the
(a.) Right to recover possession by trust by relying on the registration
registered owner is imprescriptible
E. Splitting or consolidation of titles
(b.)Laches may be invoked to bar
1. May file a written request with RD for
reconveyance of the land to the
separate certificates for one or more
registered owner only if there are
parcel of lands or
intervening rights of 3rd persons

2.for one certificate for several parcels
of land
F. Enlargement of area or impairment of
title not allowed. The LRA may not order
or cause :
1.any change, modification, or
amendment in the contents of any
certificate of title, or of any decree or
plan, including the technical description
therein, covering any real property
registered under the Torrens system,
nor order the cancellation of the said
2.
certificate of title and the issuance of a
new one which would result in the
enlargement of the area covered by the
certificate of title.
Chapter XI Remedies
1. New Trial
A.Within the 15-day period for perfecting
appeal
B.Grounds: FAME, newly discovered
evidence
C. Rule 37
2. Relief from judgment
A. Within 60 days after petitioner learns of
the judgment and not more than 6 mos
after entry of judgment
B. When judgment is entered
C.Ground: FAME + good/substantial
defense
3. Appeal
A. To CA or SC
4. Petition for review
A. Who may file petition
1.any person, including the government
and the branches thereof, deprived of
land or of any estate or interest therein
by such adjudication or confirmation of
title obtained by actual fraud
need not be oppositor to registration
2.
proceeding or an original claimant
aim of law is to give aggrieved
(a.)
parties opportunity
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B. Who may NOT file
1.when the petitioner does not claim
the land to be his private property but
is admittedly formerly part of the
disposable public land awarded under a
public land patent
An oppostor who abandons his
2.
opposition
3.Oppositor who had notice of original
registration proceedings but failed to
put any claim and to show title in
himself
C. When to file
1.within 1 year from and after the date
of the entry of such decree of
registration – Petition for review of the
decree
2.after rendition of judgment but before
entry of the decree – petition for
review of judgment
D. Essential requisites
1.Petitioner has a real and dominical
right
2. He has been deprived thereof
3. Thru fraud-
(a.) only extrinsic or collateral
fraud- one committed outside the
trial of a case against the defeated
party/his agents/atty or witnesses,
whereby said defeated party is
presented from presenting fully
and fairly h I side of the case
(b.) The specific, intentional acts
to deceive and deprive another of
his right must be alleged and
proved
4.Petition is filed within 1 year from
issuance of the decree (in petition of a
review of judgment – from rendition
thereof
5.The property has not yet passed to an
innocent purchaser for value
(a.) One who buys the property
without notice that some other
person has right to or interest in
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such property and pays a full and i. Action brought by

fair price for the same registered owners or their
children
E. Other grounds for review of decree
ii. Co-heir who succeeds in
By reason of fatal infirmity in the
1.
obtaining CT deemed to hold
decision for want of due process
land in trust for co-heirs
2. Lack of JD of the court
iii. Plaintiff in action is in
5. Action for reconveyance possession of land (in effect ac
action to quiet title)
A. Nature
3. Express trust
action to reconvey to him whatever
1.
he has been deprived of as long as the (a.) Not barred by prescription
property has not been transferred or
(b.) Action cannot prosper if
conveyed to an innocent purchaser for
property had been conveyed to 3rd
value
persons for value and who claimed
2.Seeks to reconvey land from the adverse title for themselves
registered owner to the “rightful
4. Void Contract
owner” – does not aim to reopen
registration but only to show that the (a.) Not barred by prescription
person who secured registration is not
(b.) Action cannot prosper if
the real owner
property had been conveyed to 3rd
B. Statutory basis persons for value
1.§96 “nothing in this Decree shall be 6. Action for damages
construed to deprive the plaintiff of any
A. When: after 1 year from date of the
right of action which he may have
decree and if reconveyance is not possible
against any person for such loss or
(because already with innocent purchaser
damage or deprivation without joining
for value)
the National Treasurer as party
defendant” B. Against: Persons responsible for the
fraud or instrumental in depriving him of
C. When to file; Form
the property
1.When: may be filed even before
C.Prescribes in 10 years from issuance of
issuance of decree
Torrens title
Form: Ordinary Civil suit (complaint or
2.
7. Action for Compensation from Assurance Fund
counterclaim)
A. Reqts
D. Grounds for reconveyance
Aggrieved party sustained loss or
1.
1.Fraud – file within 4 years from
damage, or is deprived of land or any
discovery (deemed to have taken place
estate or interest therein in
from issuance of OCT)
2. Loss, damage deprivation
2. Implied or constructive tryst
(a.) Was occasioned by the
Prescription and laches are
(a.)
bringing of the land under the
defenses to an action for
operation of the Torrens system
reconveyance. –Implied Trust
prescribes in 10 years from date (b.) Arose after original
adverse title to the property is registration of land
asserted by the possessor thereof
3. Such loss etc due to
When reconveyance does not
(b.)
(a.) fraud or
prescribe:

(b.) error, omission, mistake or
misdescription in any certificate of
title or in any entry or
memorandum in the registration
book,
4. No negligence on his part
5. He is barred or otherwise precluded
under the provision of any law from
bringing an action for the recovery of
such land or the estate or interest
therein
6. Action has not prescribed
B. Prescriptive period to file action
1. Within 6 years from the time the right
to bring such action first occurred
2.Date of deprivation=date of issue of
CT
3. If ground is error, omission etc – start
from date of such entry or
memorandum
C. Against whom filed
1.If thru fraud, negligence etc of court
personal, RD or employees – File
against RD and National Treasurer
2. if attributable to persons other then
them – RD, National Treasurer, and the
other person/s
D. Satisfaction of judgment
1. Amount- cannot be more than fair
market value of the land at the time
the aggrieved party suffered loss,
damage, deprivation
2. Execute first against private
defendant; if unsatisfied, National
Treasurer must pay out of Assurance
Fund (Govt subrogated to rights of
plaintiff against private defendant)
8. Cancellation suits
A. Suits involving double title
1. When one is superior to other, cancel
the inferior
(a.) Person with inferior title
cannot transmit even to innocent
purchaser for value because he has
nothing to transmit
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2. Earlier in date must prevail
(a.) Except if procured thru fraud
or otherwise JD’ly fraud
B. Suits involving non-registrable property
1.Action cannot be barred by prior
judgment of the land registration court
since said court has ho JD over the
subject matter
C. Cancellation for other causes. Ex:
1.CT issued pursuant to judgment not
final
2.Issued to person who did not apply
for registration
9. Quieting of title
A. When proper; Nature(NCC Art 476)
1. When:
(a.) Whenever 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 may be
prejudicial to said title
(b.) to prevent a cloud from being
cast upon title to real property or
any interest therein
2. Nature
(a.) Ordinary civil remedy
(b.) Quasi in rem
B. Form of cloud on title
1.Action by party asserting his own title
to property covered and asking that
other title (issued in name of another
person) be declared void
2.Claim on property based on
ineffective Spanish title, or tax
declarations and realty payments, or
documents purporting to indicate that
the claim was inherited by him
C. Who may file action
1. Registered owner

2.Person who as equitable right or
interest in the property
D. action imprescriptible
10. Criminal action
A. Perjury- for obtaining registration thru
false assertions
Chapter XII Land Patents
1. Public Land Patents; requisite registration
- Whenever public land is by the
Government alienated, granted or
conveyed to any person, the same shall
be brought forthwith under the
operation of this Decree.
- It shall be the duty of the official
issuing the instrument of alienation,
grant, patent or conveyance in behalf of
the Government to cause such
instrument to be filed with the Register
of Deeds of the province or city where
the land lies, and to be there registered
like other deeds and conveyance,
whereupon a certificate of title shall be
entered as in other cases of registered
land, and an owner's duplicate issued to
the grantee.
- The deed, grant, patent or instrument of
conveyance from the Government to the
grantee shall not take effect as a
conveyance or bind the land but shall
operate only as a contract between the
Government and the grantee and as
evidence of authority to the Register of
Deeds to make registration.
- It is the act of registration that shall be
the operative act to affect and convey
the land, and in all cases under this
Decree, registration shall be made in the
office of the Register of Deeds of the
province or city where the land lies.
- The fees for registration shall be paid by
the grantee.
- After due registration and issuance of
the certificate of title, such land shall be
deemed to be registered land to all
intents and purposes under this Decree.
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Kinds of publics land patents; to whom
A.
granted
1. Homestead patent
(a.) Who: To any citizen of Phil
over 18 years of age or head of the
family
(b.) Does not own more than 12
ha. of land in the Phil; not had
benefit of any gratuitous allotment
of more than 24 ha since US
occupation
(c.) Resided continuously for at
least 1 year in municipality where
land located
(d.) Cultivated at lease 1/5 of the
land
2. Free Patent
(a.) Who: –same-
(b.) at least 20 years prior to
effectivity of ct has continuously
occupied, cultivated said land
(c.) Paid real estate taxes thereon
(d.) Free patent shall not exceed
12 ha
3. Sales patent
(a.) Public agricultural lands
i. Who–same-
ii. on public agricultural land,
not more than 12 ha
iii. Land is sold at public
auction to highest bidder
iv. Required to have at least
1/5 of the land broken and
cultivated within 5 hears from
the award
v. Patent issued after full
payment, establish actual
occupancy and improvement
(b.) agricultural lands for resl,
coml. Or indl purposes
i. same (a) to (c)
ii. must have completed
construction of permanent
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improvements appropriate for same within 5 yrs fro date of

land’s purpose within 18 mos conveyance
fro date of award
2.Right exists even if not stipulated in
Special Rule for residential lot
(c.) deed
not more than 1000 sqm
3. 5-yr period starts from date of
i. No need for public bidding execution of deed of sale, even if full
payment of purchase price is not made
ii. Must actually reside
on said date (unless stipulated
therein
otherwise)
4. Special patents
E. Other restrictions
(a.) To non-Christian Filipinos
1. §120 Public Land Act – conveyance of
B. Registration of Patent non-Christian tribes may be made only
if person conveying can read and
1.Mandatory. Conveyance effective only
understand the language of the
upon such registration- makes it
instrument or deed
indefeasible
2. §121- private corp, assn, pship
2. Effect: Affect 3rd parties
allowed to lease land covered by patent
2. Restrictions on alienations/encumbrance of solely for comml, indl,educl, religious or
lands titled pursuant to patents; right to charitable purpose
repurchase
3.§122 disposal restricted to those
A. Free/Homestead qualified to acquire lands of the public
domain
1.Alienation/encumbrance prohibited
(except in favor of the Govt) for 5 years 4. § 2 RA 730 (sale without public
from and after the date of issuance of auction of public lands of the republic
the patent or grant of the Philippines for residential
purposes to qualified applicants under
Owner-vendor, widow, legal heirs
2.
certain conditions).
have right to repurchase the same
within 5 yrs fro date of conveyance (a.) shall not be subject to
encumbrance or alienation before
B. Homestead
the patent is issued and for a term
Prohibited after 5 yrs and before 25
1. of ten years from the date of the
years after issuance of title without the issuance of such patent,
approval of the Sec. of DENR
(b.) nor shall they become liable to
*deemed issued upon promulgation of the satisfaction of any debt
the order for issuance thereof by the contracted prior to the expiration of
Director of Lands said period.
* cannot be circumvented by (c.) No transfer or alienation made
stipulating that actual conveyance is to after the said period of ten years
be made only after the 5-yr. period and within fifteen years from the
issuance of such patent except
C.Reason for prohibition – to preserve and
those made by virtue of the right of
keep in the family of the public land
succession shall be valid unless
grantee that portion gratuitously given to
when duly authorized by the
him
Secretary of DENR and the
D. Right to repurchase or redeem transferee or vendee is a Filipino
citizen.
1.Owner-vendor (if dead, his widow,
legal heirs) has right to repurchase the (d.) Every conveyance made shall
be subject to repurchase by the

original purchaser or his legal heirs
within a period of five years from
the date of conveyance
F. Effect of violation of restrictions
1.acquisition/conveyance/alienation/tra
nsfer is VOID from its execution
2. Grant/title/Patent/Permit is annulled
and cancelled and ENTIRE property
with improvements(even if only part is
sold) reverts to the State
3. Actions against improper, illegal issuance of
patents
A. Reversion suits – cancel CT and revere
land to state
1. Grounds
(a.) Violations of Public Land Act-
Reversion not automatic, Govt
must take action
(b.) When land patents and titled I
s not capable of registration
(c.) Failure of grantee to comply
with conditions imposed by law to
entitle him to a patent or grant
(d.) When area is an expanded
area
i. Results when a
subdivision/consolidation
survey embraces an area which
is not within the area originally
applied for and titled in either
judicial or administrative
proceeding
(e.) When land is acquired
violation of Consti
i. Ex. by alien, private corp
(Art XII §7 and 3)
2. Who institutes action of reversion
(a.) Sol Gen
(b.) SC in its equity JD resolved
the issue even if action instituted
by private person where facts were
not disputed and area involved I
small
3.Investigation by Director of Lands
prior to institution
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4.Indefeasibility of title, prescription,
laches and estoppel do not bar
reversion suit – govt not affected by
these
B. Cancellation suits
-If land covered by patent was private
land, Director of Land has no JD over it
and title pursuant to patent is therefore
VOID
C. Action for reconveyance
Proper when patent and
1.
corresponding CT were acquired in
breach of constructive or implied trust
4. Emancipation Patents
A. Conditions for issuance
1.Apply to tenant farmers of private
agricultural lands primarily devoted to
rice and corn under a system of
sharecrop or lease-tenancy
2.tenant farmer shall be deemed owner
of a portion constituting a family-size
farm of five (5) hectares if not irrigated
and three (3) hectares if irrigated;
3.total cost of the land, including
interest at the rate of six (6) per
centum per annum, shall be paid by the
tenant in fifteen (15) years of fifteen
(15) equal annual amortizations;
B. Restriction
1.Title to land acquired pursuant to this
Decree or the Land Reform Program of
the Government shall not be
transferable except by hereditary
succession or to the Government in
accordance with the provisions of this
Decree, the Code of Agrarian Reforms
and other existing laws and
regulations;
C.Subsequent dealings on land covered by
emancipation patent- will not be registered
unless accompanied by an affidavit of the
vendor or executor stating:
1. that the land involved is not
tenanted, or if tenanted, the same is
not primarily devoted to the production
of rice and/or corn.

2. the area (size) of the portion which is
tenanted and primarily devoted to rice
and/or corn, and stating further that
the deed or instrument covers only the
untenanted portion or that which is not
primarily devoted to the production of
rice and/or corn
Chapter XIII Reconstitution of Title; Other
petitions/actions after original
registration
1. Reconstitution of lost or destroyed original
copes of CT
A.Meaning – restoration of the instrument
which is supposed to have been lost or
destroyed in its original for and condition
1. Purpose – to have the same
reproduced
2. Nature- in rem
3.Who may file – registered owner,
assignees, interested person; NOT RD
B. Sources for judicial reconstitution of title
1. For OCT
(a.) The owner's duplicate of the
certificate of title;
(b.) The co-owner's, mortgagee's,
or lessee's duplicate of the
certificate of title;
(c.) A certified copy of the
certificate of title, previously issued
by the register of deeds or by a
legal custodian thereof;
(d.) An authenticated copy of the
decree of registration or patent, as
the case may be, pursuant to which
the original certificate of title was
issued;
(e.) A document, on file in the
registry of deeds, by which the
property, the description of which
is given in said document, is
mortgaged, leased or encumbered,
or an authenticated copy of said
document showing that its original
had been registered; and
(f.) Any other document which, in
the judgment of the court, is
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sufficient and proper basis for
reconstituting the lost or destroyed
certificate of title.
2. For TCT
(a.) Same as (a) to (c)
(b.) The deed of transfer or other
document, on file in the registry of
deeds, containing the description of
the property, or an authenticated
copy thereof, showing that its
original had been registered, and
pursuant to which the lost or
destroyed transfer certificate of title
was issued;
(c.) Same as (e) and (f)
rule on availment of “any other
3.
document” deemed proper and
sufficient –
(a.) must refer to similar
documents previously enumerated
therein
(b.) must include plan and
technical description of the
property duly approved by
Administrator of LRA
C. Contents of petition (mandatory and JD’l)
that the owner's duplicate of the
1.
certificate of title had been lost or
destroyed;
2. that no co-owner's mortgagee's or
lessee's duplicate had been issued, or,
if any had been issued, the same had
been lost or destroyed;
3.the location, area and boundaries of
the property;
4.the nature and description of the
buildings or improvements, if any,
which do not belong to the owner of
the land, and the names and addresses
of the owners of such buildings or
improvements;
5.the names and addresses of the
occupants or persons in possession of
the property, of the owners of the
adjoining properties and all persons
who may have any interest in the
property;
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6.a detailed description of the majeure as determined by the

encumbrances, if any, affecting the Administrator of the LRA:
property; and
- Provided, That the number of
7. a statement that no deeds or other certificates of titles lost or damaged
instruments affecting the property have should be at least 10%)of the total
been presented for registration, or, if number in the possession of the Office
there be any, the registration thereof of the Register of Deeds
has not been accomplished, as yet.
- : Provided, further, That in no case shall
*attach necessary documents the number of certificates of titles lost
or damaged be less than 500.
D. Publication of Notice, Posting and
sending – by Court, at expense of 1. Sources of admin’v reconstitution
petitioner (mandatory an JD’l)
(a.) Owners duplicate of the CT
1.twice in successive issues of the
(b.) Co-owner’s, mortgagee’s or
Official Gazette,
lessee’s duplicate of CT
2. posted on the main entrance of the
2. Verified Petition
provincial building and of the municipal
building of the municipality or city in (a.) Who: registered owner,
which the land is situated, at least assignees, interested person
thirty days prior to the date of hearing.
(b.) File with RD
3.cause a copy of the notice to be sent,
3.Review of decision of reconstitution
by registered mail or otherwise to every
officer –
person named therein whose address is
known, at least thirty days prior to the (a.) Review by LRA Administrator.
date of hearing. - Any appeal shall be filed with 15
days from receipt of judgment
E. Duty of courts
(b.) Decision of Administrator
1. proceed with extreme caution
appealable by petition for review
2.Issue order of reconstitution only
4. Remedy of aggrieved party-
when
(a.) petition RTC to set aside
The petitioner is the
(a.)
decision and to reopen proceedings
registered owner
(b.) ground FAME
(b.)CT was in force at time it was
lost or destroyed (c.) verified; filed within 60 days
after learning of decision but not
(c.) Evidence presented I sufficient
more than 6 mos from
3. Finality of order-. No order or promulgation
judgment ordering the reconstitution of
2. Amendment and alteration of certificate of tile
a certificate of title shall become final
until the lapse of 15 days from receipt A. Who:
by the Register of Deeds and by the
registered owner of other person
1.
Administrator of the LRA without any
having an interest in registered
appeal having been filed by any of such
property,
officials
or, in proper cases, the Register of
2.
F. Administrative reconstitution
Deeds with the approval of the LRA
- may be availed of only in case of Adm’r
substantial loss or destruction of land
B. Grounds
titles due to fire, flood or other force

1. the registered interests of any
description, whether vested,
contingent, expectant or inchoate
appearing on the certificate, have
terminated and ceased; or
2.that new interest not appearing upon
the certificate have arisen or been
created;
or that an omission or error was
3.
made in entering a certificate or any
memorandum thereon, or, on any
duplicate certificate;
or that the same or any person on the
4.
certificate has been changed;
5.or that the registered owner has
married, or, if registered as married,
that the marriage has been terminated
and no right or interests of heirs or
creditors will thereby be affected;
6.or that a corporation which owned
registered land and has been dissolved
has not convened the same within
three years after its dissolution;
7. or upon any other reasonable ground;
C. Extent and limitations of court’s authority
non-controversial issues and even
1.
substantial issues
2.BUT cannot reopen the judgment or
decree of registration; nor impair the
title or other interest of a purchaser
holding a CT for value and in good faith
3. Court may only:
(a.) order the entry or cancellation
of a new certificate,
(b.) the entry or cancellation of a
memorandum upon a certificate,
(c.) or grant any other relief upon
such terms and conditions,
requiring security or bond if
necessary, as it may consider
proper
3. Surrender of withheld duplicate CT
A. Grounds
Where it is necessary to issue a new
1.
certificate of title pursuant to any
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involuntary instrument (ex attachment
or sale on execution) which divests the
title of the registered owner against his
consent or
where a voluntary instrument (ex.
2.
Conveyance, mortgage, lease) cannot
be registered by reason of the refusal
or failure of the holder to surrender the
owner's duplicate certificate of title,
3.Where owner’s duplicate certificate is
not presented for amendment or
alteration pursuant to court order
B. Actions by the court (after hearing)
1.order the registered owner or any
person withholding the duplicate
certificate to surrender the same, and
direct the entry of a new certificate or
memorandum upon such surrender
2.the court may order the annulment of
the same as well as the issuance of a
new certificate of title in lieu thereof if
the person withholding the duplicate
certificate is not amenable to the
process of the court, or if for any
reason the outstanding owner's
duplicate certificate cannot be
delivered,.
4. Replacement of lost duplicate of CT
A. due notice under oath shall be sent by
the owner to the Register of Deeds of the
province or city where the land lies as
soon as the loss or theft is discovered.
B. the court may, after notice and due
hearing, direct the issuance of a new
duplicate certificate, which shall contain a
memorandum of the fact that it is issued
in place of the lost duplicate certificate,
but shall in all respects be entitled to like
faith and credit as the original duplicate,
and shall thereafter be regarded as such
for all purposes of this decree.
Chapter XIV Subsequent Registration
1. Scope of subsequent dealings with registered
land
- Voluntary dealings – deeds, instruments
or documents which are the results of
the free and voluntary acts of the
parties thereto (ex. sales, conveyances,

transfers of ownership, mortgages and
leases, powers of attys, trusts)
- Involuntary dealings- writ, order or
process issued by a court of record
affecting registered land which by law
should be registered to be effective; not
willful acts of registered owner and
2.
which may have been executed even
without his knowledge or against his
consent (ex. attachment, injunction,
mandamus, sale on execution of
judgment or sale for taxes, adverse
claims, and notice of lis pendens)
A. Necessity and effects of registration in
general
1. Except a will that purports to convey
or affect registered land, the mere
execution of deeds of sale, mortgages,
leases, or other voluntary documents
serves only 2 purposes
As contract between the
(a.)
parties thereto
(b.) As evidence of authority to
the RD to register such documents
- the documents by themselves do
not effect a conveyance or
encumbrance on the land
2. The act of registration in the RD shall
be the operative act to convey or affect
the land insofar as third persons are
concerned
3. The act of registration creates a
constructive notice to the whole world
of such voluntary or involuntary
instrument or court writ or process
B. Voluntary and involuntary registration
distinguished
1. Innocent purchaser for value of
registered land becomes the registered
owner the moment
(a.) Voluntary- he presents and
files a dulty notarized and valid
deed of sale and the same is
entered in the primary entry book
(b.) Involuntary- entry in said
book is sufficient notice even if the
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owner’s duplicate certificate of title
is not present
*Primary Entry Book- where RD enters,
in the order of their reception, all
instruments filed with him relating to
the registered land
Voluntary Instruments
A.Formal and procedural requisites for
registration in general
1.The instrument or document shall be
in a form sufficient in law
(a.) Also §55- name, nationality
residence, civil status, if corp- how
qualified to acquire land
The instrument or deeds shall be
2.
presented to the RD
All copies of owner’s duplicate CT
3.
must also be presented.
(a.) The production of the owner's
duplicate certificate, whenever any
voluntary instrument is presented
for registration, shall be conclusive
authority from the registered owner
to the Register of Deeds
i. to enter a new certificate
or
ii. to make a memorandum of
registration in accordance with
such instrument,
(b.) and the new certificate or
memorandum shall be binding
upon the registered owner and
upon all persons claiming under
him, in favor of every purchaser for
value and in good faith.
B. Deeds of sale or conveyance and
transfers
Registration when deeds cover entire
1.
property; when only portion conveyed
(a.) If entire- RD makes out in the
registration book a new CT;
owner’s duplicate furnished; orig
(and duplicates) shall be stamped
cancelled
(b.) If portion- §58
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Present to RD plan showing

i. (a.)Registered to bind 3rd persons.
portions or lots into which it IF not registered, valid between
has been divided (if plan not parties
yet approved, deed may only
(b.) Mortgaged foreclosed
be annotated)
judicially/(extra-judicially)- Court
ii. Upon approval of plan, file order confirming sale/(certificate of
with RD for annotation I the sale by officer who conducted the
corresponding CT or cancel CT sale) must be registered with RD
and new one issued describing
Governing laws and rules on
2.
the remaining portion
mortgage and lease –
2.Effects of registration – it is operative
(a.) NCC Art 2085 to 2092 and
ct that transmits title, Absent
2124 to 2131
registration, conveyance does not
affect of bind the land (b.) Rule 68
Rule: Buyer is not required to go
3. (c.) Act 3135
beyond the CT
(d.) Lease NCC Art 1646
Exceptions: purchaser neglected to
4.
Basic concepts and characteristics of
3.
make inquiries to facts which should
mortgage
put reasonable man on his guard
(a.) All-embracing - extends to
5.Double sale – land passes to vendee
natural accessions, fruits,
who first recorded in the RD in good
improvements
faith
(b.) inseparable -from the thing
6.Forged document, or one procured by
mortgaged, regardless who
fraud  absolute nullity
possessor is
(a.) Registered owner will not lose
(c.) indivisible -cannot ask for
his title even if forged instrument is
proportionate extinguishments
accompanied by owner’s duplicate
4.Guiding principles on judicial
(b.)Exception(i.e., such document
foreclosure of mortgage
may be root of valid title): if the
certificate has already been (a.) After execution of real estate
transferred from the name of the mortgage, the mortgagor has
true owner to the name indicated equity of redemption- this subsists
by the forger or to the name of the after the sale and before it is
forge. In such case, innocent confirmed
purchaser for value had the right to
(b.) If judicial foreclosure in favor
rely on the correctness of the CT
of banking institution – mortgagor
(c.) Remedy of person prejudiced has right of redemption after the
by forged instrument judicial sale
i. Action for damages against (c.) Title vest only when the sale
the person who caused the has been validly confirmed.
fraud
(d.) There is Hearing on
ii. If (i) id indolent, action confirmation. Confirmation
against Treasurer for recovery retroacts to date of sale
against Assurance Fund
(e.) Rights of the mortgagor are
C. Mortgages and leases cut off by the sale upon
confirmation and with them the
1. Requisite registration and procedure
equity of redemption

5.Principles related to extra-judicial
foreclosure
(a.) Mortgagor has right to redeem
property. This right may be
transferred or assigned
(b.) Right may be exercised within
1 yr from the registration of the
sheriff’s certificate of foreclosure
D.
sale
During redemption period,
(c.)
mortgagor may validly execute a
mortgage contract over the same
property in favor of a 3rd party
(d.) Purchaser at foreclosure sale
is entitled to writ of possession
over property foreclosed even
before expiration of redemption
period
6. Equitable mortgage
(a.)one which although lacks
formality prescribed by statute,
shows the intention of the parties
to charge a real property as
security for a debt
(b.) Deemed equitable mortgage n
any of the ff cases NCC Art 1602
i. (1) When the price
of a sale with right to
repurchase is unusually
inadequate;
ii. (2) When the
vendor remains in possession
as lessee or otherwise;
iii. (3) When upon or
after the expiration of the right
to repurchase another
instrument extending the
period of redemption or
granting a new period is
executed;
iv. (4) When the
purchaser retains for himself a
part of the purchase price;
v. (5) When the
vendor binds himself to pay the
taxes on the thing sold;
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vi. (6) In any other
case where it may be fairly
inferred that the real intention
of the parties is that the
transaction shall secure the
payment of a debt or the
performance of any other
obligation.
Power of Attorney; Trusts
1. Registration of Power of Atty
(a.) §61 Any person may, by
power of attorney, convey or
otherwise deal with registered land
and the same shall be registered
with the Register of Deeds of the
province or city where the land lies.
Any instrument revoking such
power of attorney shall be
registered in like manner
(b.)Agent’s authority to sell land
or interest therein shall be in
writing
(c.) SPA necessary before agent
may enter into any contract by
which ownership of an immovable
is transmitted or acquired or lease
for more than 1 yr
2. elements of express trust
(a.) Competent trustor and
trustee, ascertainable trust res,
sufficiently certain beneficiaries
(b.) How registered:
i. Trust in registered land-the
particulars of the trust,
condition, limitation or other
equitable interest shall not be
entered on the certificate; but
only a memorandum thereof
shall be entered by the words
"in trust", or "upon condition",
or other apt words, and by a
reference by number to the
instrument authorizing or
creating the same
ii. Trust with power to sell -
such power shall be stated in
the certificate of title by the
words "with power to sell", or
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"power to mortgage", or by apt memorandum of the attachment or

words of description in case of other lien may be made thereon.
other powers
(c.) If the owner neglects or
3. Implied trusts- refuses to comply-RD shall report
the matter to the court. Court shall
(a.) Comes into being by operation
enter an order to the owner
of law
2. Effects of attachment
may be established by oral
(b.)
evidence (a.) Levy creates alien which
nothing can destroy except by
(c.) Whoever claims an interest in
dissolution of the attachment
registered land by reason of any
implied or constructive trust shall (b.) Ripens into judgment against
file for registration with the the res when order of sale is made
Register of Deeds a sworn
(c.) Places the property on
statement thereof containing a
custodia legis
description of the land, the name
of the registered owner and a (d.) If attachment excessive-
reference to the number of the remedy is to apply to court of
certificate of title. Such claim shall reduction or partial discharge
not affect the title of a purchaser
B.Registration of sale of land on execution
for value and in good faith before
or for taxes or far nay assessment
its registration
1.any execution or copy of execution,
E.Tax-free exchange of land for shares of
officer's return, or any deed, demand,
stock
certificate, or affidavit, or other
1. RD has JD over property exchanged instrument shall be filed with the RD
and registered in the registration book,
2.RD may cause registration of the
and a memorandum made upon the
document of exchange and issue TCT
proper CT in each case as lien or
to transferee corporation only upon
encumbrance.
presentation of a Certificate Authorizing
Registration issued by BIR 2.Upon the expiration of the time, if
any, allowed by law for redemption, the
3.Annotate at back that the transfer is
purchaser at such sale or anyone
tax-free exchange
claiming under him may petition the
3. Involuntary dealings court for the entry of a new CT to him.
A. Attachment C. Adverse claim
1. Registration- May be registered as adverse claim
1.
when
(a.) File and register with RD a
copy of said writ and the order or (a.) A claimant’s right or interest in
process of the court intended to registered land is adverse to the
create or preserve any lien, status, registered owner
or right
(b.) Such right or interest arose
If the duplicate certificate is
(b.) subsequent to the date of original
not presented at the time of registration
registration, the RD shall, within 36
(c.) No other provision is made in
hours, send notice by mail to the
the Decree for the registration of
registered owner, stating that such
such right or claim
paper has been registered, and
requesting him to send or produce
his duplicate certificate so that a
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2.Formal requisites (non-compliance i. After lapse of 30 days,

would render adverse claim non- upon filing by the party in
registrable and ineffective) interest of a verified petition for
such purpose
(a.) State the following in writing
ii. Before lapse, upon filing of
i. His alleged right or interest
claimant of sworn petition
ii. How and under whom withdrawing his adverse claim
such alleged right or interest is
iii. Before lapse, when parties
acquired
files petition in RTC for
iii. The description of the land cancellation of adverse claim
and such is granted
iv. CT number
D. Notice of lis pendens
Statement must be signed and
(b.)
sworn to 1. Nature and purpose
(c.) Must state residence, and a (a.) An incident to an action
place at which all notices may be
(b.) Intended to constructively
served upon him.
advise or warn all people who delay
3. Purpose – with the property that such is
subject to he results of the action
(a.)to apprise 3rd persons that
there is controversy over ownership 2. When proper
of the land and thereby preserve
(a.)to recover possession of real
the right of the adverse claimant
estate, or
during pendency of the controversy
(b.) to quiet title thereto, or
Any transaction on the land is
(b.)
subject to the outcome of the (c.) to remove clouds upon the
dispute title thereof, or
4. Examples (d.) for partition, or
(a.) Not adverse claim (e.) other proceedings of any kind
in court directly affecting the title
i. Expectant hereditary right
to land or the use or occupation
ii. Occurrences prior to thereof or the buildings thereon
original registration
Form and notice- memorandum or
3.
Claim based on
iii. notice stating the institution of such
prescription when land already action or proceeding
in name of another
(a.) and the court wherein the
(b.) Adverse claim same is pending,
i. Voluntary instruments, (b.) date of the institution thereof,
when the owner refuses to
(c.) reference to the number of
surrender duplicate CT for
the CT, and
annotation
(d.) an adequate description of the
Interest based on lawyer’s
ii.
land affected and the registered
contingent fee
owner thereof
5. Period of effectivity-
-Entry in primary entry book is
30 days from date of
(a.) sufficient to constitute registration
registration of the notice
(b.) May be cancelled:

o When annotated in OCT, must
be carried over in all
subsequent CT
4. When it may be cancelled
(a.) Before final judgment, upon
order of the court:
i. When shown that the
notice is for the purpose of
molesting the adverse party, or
ii. that it is not necessary to
protect the rights of the party
who caused it to be registered.
iii. When evidence so far
presented does not bear out
main allegation of the
complaint
iv. When plaintiff responsible
for unnecessarily delaying the
determination of the case
(b.) Upon verified petition of the
party who caused the registration
(c.) After final judgment in favor
of defendant or other disposition of
action such as to terminate all
rights of the plaintiff in the
property involved
4. Transfer of private land to natural-born citizen
who lost Phil citizenship
A. Who: Any natural-born citizen of the
Philippines who has lost his Philippine
citizenship and who has the legal capacity
to enter into a contract under Philippine
laws
B. What: may be a transferee of a private
land up to a maximum area of 5000 sqm
(urban land) or 3 ha (rural) to be used by
him as his residence.
5. Consultas
A.When RD in doubt as to proper action to
be taken on an instrument or deed, may
submit the questions to the Administrator
of the LRA
B. When a RD denies registration, he must:
Notify the interested party in writing
1.
and advising him that he may elevate
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the matter by consulta within 5 days
from receipt of notice
2.Make memo of pending consulta in
the CT. After final resolution, he may
motu prorio cancel the memo
C.Interested party cannot compel
registration by Mandamus
D.Resolution of LRA Administrator in
consulta shall be conclusive and binding
upon all RD
E.May appeal final resolution with CA (15
days from notice)
Chapter XV – Registration of Court
Judgments and Orders and Related
Processes or Papers
1. Judgment/Order in action s involving
ownership of or affecting real estate
A. §. 78. Judgment for Plaintiff in any
action to recover possession or ownership
of real estate or any interest therein
affecting registered land judgment is
entered for the plaintiff, such judgment
shall be entitled to registration on
presentation of a certificate of the entry
thereof from the clerk of court where the
action is pending to the RD who shall
enter a memorandum upon the certificate
of title of the land to which such judgment
relates.
1. If the judgment does not apply to all
the land described in the certificate of
title, the certificate of the clerk of the
court and the memorandum shall
contain a description of the land
affected by the judgment.
B. § 79. When in any action to recover the
ownership of real estate or an interest
therein execution has been issued in favor
of the plaintiff, the latter shall be entitled
to the entry of a new certificate of title and
to the cancellation of the original
certificate and owner's duplicate of the
former registered owner.
1.If the registered owner neglects or
refuses within a reasonable time after
request of the plaintiff to produce his
duplicate certificate in order that the
same may be cancelled, the court shall,

on application and after notice, enter
an order to the owner to produce his
certificate at the time and place
designated
C. § 80. Every court rendering judgment
in favor of the plaintiff affecting registered
land shall order any parties before it to
execute for registration any deed or
instrument necessary to give effect to the
judgment, and shall require the registered
owner to deliver his duplicate certificate to
the plaintiff or to the RD to be cancelled or
to have a memorandum annotated upon it.
1.In case the person required to
execute any deed or other instrument
necessary to give effect to the
judgment is absent from the
Philippines, or is a minor, or insane, or
for any reason not amenable to the
process of the court rendering the
judgment, said court may appoint a
suitable person as trustee to execute
such instrument which, when executed,
shall be entitled to registration.
2. Judgment in partition
A.True copy of judgment certified by Clerk
of Court should be registered in the RD
B.Each owner of a potion is entitled to have
a certificate entered in his name and
receive an owner’s duplicate
C. Any person holding such CT shall have
right to petition court at any time to cancel
the memorandum relating to such
judgment or order
3. Notice and adjudication in Insolvency or
Bankruptcy proceedings
A. it shall be the duty of the officer serving
the notice of the institution of such
proceedings on the debtor to file a copy
thereof with the office of the RD
B. The assignee or trustee appointed by the
court in such proceedings shall be entitled
to the entry of a new certificate of the
registered land of the debtor or bankrupt,
upon presenting and filing a certified copy
of the assignment in insolvency or order or
adjudication in bankruptcy with the
insolvent's or bankrupt's duplicate
certificate of title;
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1.but the new certificate shall state that
it is entered to him as assignee in
insolvency or trustee in bankruptcy or
other proceedings, as the case may be.
4. Judgment in eminent domain
A. Must file for registration in RD a copy of
the judgment in the eminent domain case
B. RD shall make memo of the right or
interest taken on the R
5. Extra-judicial settlement of estate
A.Public instrument or affidavit of self-
adjudication should be filed with RD. RD
annotates the 2-yr lien mention in Rule 74
B.Upon expiration of the 2-yr period and
upon verified petition, RD shall cancel lien
6. Judgment, order and other papers related to
registered land
A. §87 Letter of administration, letters
testamentary/administration
B.§91 Certified Copy of order directing
executor/admr to take over and transfer to
devisees and heir
C.§92 Certified copy of partition and
distribution
Chapter XVI Recording of Instruments
Relating to Unregistered Land; Chattel
Mortgage; Condominium
1. Instruments involving unregistered land
A.Voluntary/involuntary instruments
affecting unregistered land must also be
registered
B. It is the registration that makes voluntary
instruments binding even against 3rd
persons
C.Party to such instrument may, when
proper, resort to consulta
2. Chattel mortgage
A.Registered in RD where mortgagor
resides and where property is situated or
ordinarily kept
IF motor vehicle, registered with
1.
Motor Vehicle Office also
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B. Mortgagee has right to its possession for /mpl/

the purpose of selling at public auction
(foreclosure)
1. should not be against will of debtor
2. Cannot recover deficiency
3. Condominium
A.Defined- an interest in real property
consisting of separate interest in a unit in
a residential, industrial or commercial
building and an undivided interest in
common, directly or indirectly, in the land
on which it is located and in other
common areas of the building.
1.may include, in addition, a separate
interest in other portions of such real
property.
2.Title to the common areas, including
the land, or the appurtenant interests
in such areas, may be held by a
corporation specially formed for the
purpose (hereinafter known as the
"condominium corporation") in which
the holders of separate interest shall
automatically be members or
shareholders, to the exclusion of
others, in proportion to the
appurtenant interest of their respective
units in the common areas.
The real right in condominium may be
3.
ownership or any other interest in real
property recognized by law, on
property in the Civil Code and other
pertinent laws.
B.Requisite registration- must register with
RD the ff
1. Enabling or master deed
Declarations of restriction relating to
2.
such project- annotated on CT
Instrument conveying a
3.
condominium- “condominium owner’s
copy”
4.Notice of assessment upon any
condominium made in accordance with
a duly registered declaration of
restrictions
5.Court decree directing reorganization
of the project