9/5/2019 The value of registration | Inquirer Business

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PROPERTY RULES

The value of registration

By: Ma. Soledad Deriquito-Mawis - @inquirerdotnet Philippine Daily Inquirer / 05 04 AM December 23, 2017

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Fely was granted a registered Free Patent covering a parcel of land in Duterte’s surrender order
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Much to her surprise, a certain Josie demanded that she vacate a portion of ENTERTAINMENT
the said lot. Josie thereafter presented a Deed of Absolute Sale bearing Fely’s Lea Salonga warns of fake
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Josie then filed an application for the Original Registration of the said lot
before the Regional Trial Court.
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In the application, Josie claimed that she is the owner of the said
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unregistered land by virtue of a deed of absolute sale. Forteza, and how to
cook adobo

Naturally, Fely opposed Josie’s application. She maintained her position that
she is the true and lawful owner of the parcel of land, which is the subject Meghan Markle’s dad
of the amended application; and that Josie’s deed of absolute sale is an criticizes being
estranged from his…
absolute fake.

While the case was pending, Fely managed to have the land registered in LOOK: Dimples
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her name. Consequently, an Original Certificate of Title was issued in Fely’s shows first…
name.

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This development prompted Josie to file a notice of lis pendens with the leader’s birthday

Registry of Deeds of Cavite, which was annotated on the title. Moreover, in

the application for Original Registration Josie filed, she challenged the R d db
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9/5/2019 The value of registration | Inquirer Business
the application for Original Registration Josie filed, she challenged the Recommended by
validity of the OCT thatSeptember
was issued in favor Fely’s name.
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Josie argued that the rule on indefeasibility of title does not attach to titles
secured by fraud and misrepresentation. Josie reiterated that Fely
fraudulently registered the subject property under her name after she had
already sold a portion thereof to Josie. By virtue of the deed of sale, Josie
insists that she is considered to be the real owner of the subject parcel of
land.

Q: What are the conditions that must be complied before an

unregistered land can be registered?

A: P.D. 1529, otherwise known as the Property Registration Decree, governs

the original registration proceedings of unregistered land. The subject
application for the original registration was filed pursuant to Sec. 14(1) of
PD 1529, which provides the condition necessary for registration. Thus:

Sec. 14. Who may apply. The following persons may file in the proper Court
of First Instance an application for registration of title to land, whether
personally or through their duly authorized representatives: 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.

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Based on these legal parameters, applicants for registration of title under

Section 14(1) must sufficiently establish that the subject land forms part of
the disposable and alienable lands of the public domain; that the applicant
and his predecessors-in-interest have been in open, continuous, exclusive
and notorious possession and occupation of the same; and that it is under a
bona fide claim of ownership since June 12, 1945 or earlier.

Q: Was Josie able to comply with the above conditions?

A: No. Josie’s application must be denied on the issue of open, continuous,

exclusive, and notorious possession and occupation of the subject land.

She was not able to comply with the requirement of possession and
occupation under Sec. 14 (1) of P.D. No. 1529, considering that she had
admitted that it was not physically turned over to her.

As she was not in actual and physical possession, she could not have
exercised any acts of dominion over the subject property which was
essential to the requirement of possession and occupation contemplated
d S 14 (1) f P D N 1529
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9/5/2019 The value of registration | Inquirer Business
under Sec. 14 (1) of P.D. No. 1529.
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Q: What is the effect of the registration of the land to Fely’s name?
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A: Once a patent is registered and the corresponding certificate of title is

issued, the land ceases to be part of public domain and becomes private
property over which the Director of Lands has neither control nor
jurisdiction. A public land patent, when registered in the corresponding
Register of Deeds, is a veritable Torrens title, and becomes as indefeasible
upon the expiration of one year from the date of issuance thereof.

Said title, like one issued pursuant to a judicial decree, is subject to review
within one year from the date of the issuance of the patent. This rule is
embodied in Section 103 of PD 1529, which provides that:

Section 103. Certificates of title pursuant to patents. 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. x x x
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. (Emphasis supplied)

Accordingly, Fely’s registered patent in the corresponding Registry of Deeds

is a veritable Torrens title and becomes as indefeasible as a Torrens title
upon the expiration of one year from the date of its issuance.

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Q: Can the adverse, open and notorious possession of the property or

prescription defeat a certificate of title?

A: No. As provided under Sec. 47 of PD 1529, no title to registered land in

derogation of the title of the registered owner shall be acquired by
prescription or adverse possession.

Q: Can Josie challenge the validity of the certificate of title that was
issued in favor of Fely in the Application for Original Registration Lot
8348-B which she filed against the latter?

A: No, the issue of the validity of title can only be assailed in an action
expressly instituted for such purpose.

A certificate of title cannot be attacked collaterally. The issue as to whether

title was procured by falsification or fraud as advanced by petitioner can
only be raised in an action expressly instituted for the purpose.

Q: Is ownership the same as a certificate of title?

A: Ownership is different from a certificate of title. The fact that a person

was able to secure a title in his name does not operate to vest ownership
upon him of the subject land.

Registration of a piece of land under the Torrens System does not create or
vest title, because it is not a mode of acquiring ownership.

A certificate of title is merely an evidence of ownership or title over the

particular property described therein. It cannot be used to protect a usurper
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9/5/2019 The value of registration | Inquirer Business

from the true owner; nor can it be used as a shield for the commission of
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fraud: neither does it permit one to enrich himself at the expense of others.
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Its issuance in favor of a particular person does not foreclose the possibility
that the real prope1iy may be co-owned with persons not named in the
certificate, or that it may be held in trust for another person by the
registered owner. (Source: Wee vs. Mardo, G.R. No. 202414, June 4, 2014)

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Ma. Soledad Deriquito-Mawis is the Dean of Lyceum of the Philippines

University; and chairperson of Philippine Association of Law Schools

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