Land Titles and
Deeds 2018 Midterms
PART 1
Regalian Doctrine
all lands of whatever
classification and other natural
resources not otherwise appearing to
be clearly within private ownership
belong to the State.
State - source of all asserted right to
ownership of land
- retains its basic right of dominus
UNLESS alienated in accordance with
law
- it is INDISPENSABLE that there be a
showing of a title from the State or any
other mode of acquisition recognized
by law
- the applicant must prove by
incontrovertible evidence, the land is A
and D
Jura Regalia
private title to land must be
traced to some grant, express or
implied, from the Spanish Crown or any
of its successors.
- presupposes a source of such title to
land
- State is the original proprietor (holder
of property) and the general source of
private titles
- ALL CLAIMS of private title must be
traced to some grant from the State
EXCEPT: those under native title
- dominium - capacity of the State to
acquire property
Constitution
Art. XII Sec. 2 - all lands of public
domain… and other natural resources
are owned by the State. With the
exception of AGRICULTURAL lands, all
other natural resources shall not be
alienated
- natural resources remain with the
State
• exploration
• development
• utilization
- it allows
• co-production
• joint venture
• production-sharing
• agreements with foreign-
owned corporations
involving technical or
financial assistance for
large-scale exploration,
development, and
utilization
Native title
ownership of land by Filipinos by
virtue of possession under a claim of
ownership since time immemorial and
independent of any grant from the
Spanish Crown
- established in the case of Carino vs
Insular Gov. “lands held by individuals
under a claim of private ownership, it
will be presumed to have been held in
the same way before the Spanish
conquest, and never to have been
public land.”
Torrens System
systems of registration of
transactions with interest in land,
whose declared object is, under
governmental authority, to establish
and certify to the ownership of an
absolute and indefeasible title to realty,
and to simplify its transfer.
- established by Sir Robert Torrens
(Irish) in South Australia in 1857
- title by registration takes the place of
title by deeds
- what is registered is the TRANSFER,
not the individual deeds
- requires the gov. to issue an official
certificate of title attesting to the fact
that the person named is the owner of
the property described therein, subject
to such liens and encumbrances as
thereon noted or the law warrants or
reserves.
Purpose
• quiet the title
• put a stop to any question of legality
of the title
• forecloses any right over the property
EXCEPT: when there is fraud, there
are innocent third parties who may
claim an interest, claims noted on the
certificate itself, those that arise
subsequent to.
• INDEFEASIBILITY AND
IMPRESCRIPTIBILITY
• conclusive evidence of ownership
Mirror Doctrine
every registered owner and
every subsequent purchaser holds the
title free from encumbrances
- even a defective title may be a source
of a legal title provided that the buyer
is innocent and in good faith upon
relying on the correctness of the title
Registration does not grant
ownership
does not create or vest rights
- merely establishes evidence of title
over realty
- mere possession does not mean he is
the owner
Double Registration
priority of registration is applied
(the earliest certificate given)
Title - the lawful cause or ground of
possessing that which is ours,
foundation of ownership of property. A
just cause of exclusive possession
Certificate of title - mere evidence of
ownership
ADVANTAGES
A. substituted security for
insecurity
B. reduced costs of conveyances
and the time occupied
C. exchanged brevity and
clearness for obscurity and
verbiage
D. simplified ordinary dealings
E. protection against fraud
F. restored to their just value
many estates
- avoid possible conflicts of title
to real estate and to facilitate
transactions relative thereto by giving
the public the right to rely upon the
face of a Torrens certificate and
dispenses the need to inquire further
Past Legislation
Public Land Act (CA 141)
 - original was in 1903 Act No.
926 w/c governed the disposition of
lands of public domain. Prescribed the
rules on homesteading, selling, and
leasing of public domain and the terms
and conditions for perfection of title.
Included the issuance of special patents
to native settlers
- operated on the assumption
that title to lands remained with the
gov.
- Act No. 2874 in 1919
superseded Act No. 926 which limited
the exploitation of lands to: Filipinos,
Americans, and countries who gave
Filipinos the same privileges.
- CA No. 141 was passed in 1936
operating with the 1935 Constitution
- transitory provisions provided
that during the existence of the
Commonwealth, American citizens and
corporations shall enjoy the same rights
as Filipinos before the establishment of
the Republic of the Philippines (Sec.
127)
Land Registration Act (Act No. 496)
- approved November 6, 1902
effective January 1903
- establishes the Torrens system
in the country
- created the Court of Land
Registration with exclusive jurisdiction
over all applications and the power to
hear questions relative to applications
- jurisdiction ends upon the
registration of the land
Cadastral Act (Act No. 2259)
- enacted February 11, 1913
- When in the opinion of the Pres.
the public interest requires that title to
any lands be settled and adjudicated,
he shall order the Dir. of Lands to
survey and institute registration
proceedings by petition against the
holder, claimants, possessors or
occupants stating that public interest
requires that the titles be settled and
adjudicated.
- decree shall be the basis for the
issuance of the title
- cadastral proceedings are in
rem
PRD (PD No. 1529)
- approved June 11, 1978
- codify the laws relative to
registration of property and to
effectively implement said laws.
- judicial proceedings are in rem
and based upon the generally accepted
principles underlying the Torrens
system
- jurisdiction over the res is
acquired by giving the public notice of
initial hearing (publication, mailing,
notice)
- a decree of registration binds
the land and quiets the title thereto,
SUBJECT ONLY TO SUCH EXCEPTIONS
OR LIENS AS MAY BE PROVIDED BY
LAW.
- it shall not be subject to a
collateral attack
- nor shall it be altered, modified,
or cancelled EXCEPT IN A DIRECT
PROCEEDING IN ACCORDANCE WITH
LAW
- Assurance fund is provided for
the loss, damage or deprivation of any
interest as a consequence of the
bringing of the land under the Torrens
system.
In Rem
PD 1529 Sec. 2 - Judicial proceedings
for the registration of lands throughout
the Ph. shall be in rem and shall be
based on the generally accepted
principles underlying the Torrens
system
- object of the action is to bar
indifferently all who might be minded to
make an objection of any sort against
the right sought to be established.
- constructive seizure of the land is a
requirement in order for it to be in rem
- personal notification is not a
requirement
Jurisdiction of courts
PD 1529 Sec. 2 par 2 - CFI shall have
exclusive jurisdiction over all
applications for original registration of
title to lands, including improvements
and interests therein, and over all
petitions filed after original registration
of title, with power to hear and
determine questions arising upon such
applications or petitions.
BP 129 Sec. 34 Delegated Jurisdiction in
Cadastral and Land Registration Cases -
grants first level courts delegated
jurisdiction to hear and determine
cases in the ff. instances:
a. where the lot is not the subject
to controversy or opposition
b. the value thereof does not
exceed 100,000 to be ascertained by
the affidavit of the claimant/ tax
declaration
- being merely delegated, it is limited to
what it expressly mentioned
General vs Limited Jurisdiction
before the enactment of PD
1529, the CFI had limited jurisdiction,
but upon its enactment, it eliminated
the distinction between the two
jurisdictions.
- aims to avoid multiplicity of suits
- it thereafter conferred authority to act
on applications and all other petitions
filed after
- this is not to be applied upon clerical
issues found in Sec. 108 such as
corrections or insertions since relief
may only be granted upon unanimity of
the parties and that no adverse claim
or serious objective be present
Jurisdiction vs Administrative Act
a land court cannot be divested
of its jurisdiction by a subsequent
admin. act consisting in the issuance by
the Dir. of Lands of a homestead patent
once it had already acquired
jurisdiction over the land
Jurisdiction over civil cases
involving title to, or possession of
real property or any interest
therein
BP 129 Sec. 19(2) - RTC had jurisdiction
over civil cases “where the assessed
value of the property involved exceeds
20,000 or for civil actions in
MetroManila, where such value exceeds
50,000 except actions for forcible entry
and unlawful detainer of land or
buildings, original jurisdiction is
conferred upon first level courts
- these include: reconveyance,
annulment, partition
- action for quieting of title is not
dependent upon the value, immediately
under the RTC since it is one of
declaratory relief under Rule 63
PART 2
The LRA
PD 1529 Sec. 4 - establishes the Land
Registration Commission (created in
June 17, 1945 thru RA No 1151)
- exercises supervision and control over
all RoDs
- serves as the clerical and archival
system of CFIs with reference to
registration
- renamed as the Land Registration
Authority by the Admin Code of 1987
- consists of an Administrator, assisted
by 2 Deputy Admin. - all of which are
appointed by the President upon
recommendation of the Secretary of
Justice
- all other officials are appointed by the
SoJ EXCEPT those under the RoD
- aka Pangasiwaan sa Patalaan ng
Lupain
- responsible for the issuance of the
decree of registration and certificates of
title
Functions of the Authority
1. extend speedy and effective
assistance to the DAR, Land
Bank, and other agencies in
the implementation of the
land reform program of the
government
2. extend assistance to courts in
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
Functions of the Administrator
1. Issue decrees of registration
pursuant to final judgements
of the courts in land
registration proceedings and
cause the issuance by the
RoDs of the corresponding
certificates of title
2. Exercise supervision and
control over all RoDs and
other personnel of the
commission
3. Resolve cases elevated en
consulta by, or on appeal
from decision of, RoDs
4. Exercise executive
supervision over all clerks of
court and personnel of the CFI
throughout the Philippines
with respect to the discharge
of their duties and functions
in relation to the registration
of lands
5. Implement all orders,
decisions, and decrees
promulgated relative to the
registration of lands and
issue, subject to the approval
of the Sec. of Justice, all
needful rules and regulations
thereof
6. Verify and approve
subdivisions, consolidations,
and consolidation-subdivision
survey plans of properties
titles under Act No. 496
except those covered by PD
No 957
LRA Admin, executive with judicial
rank
PD 1529 Sec. 5 - Officials and
employees of the Commission
- both Comm. must be members of the
Bar + 10 years practice
- his functions are plainly executory and
subject to the President’s power and
control
- he is not in any way a judge, but only
shares the same rank, compensation,
and privileges
- the Deputy shall have 3,000 less per
annum and shall only act upon the
absence or disability of the Admin.
Duty of the LRA to issue:
MINISTERIAL
- they act under orders of the court and
the decree must be in conformity with
the decision of the court and with the
data found in the record
- if in doubt, their duty is to refer the
matter to the court and not act on their
own discretion
- not purely ministerial; in cases of
double titling, there are existing
transfer certificates, reasons to
question the rights of those requesting
for the issuance of the new titles
The RoDs
PD 1529 Sec. 7 - one RoD for each
province and one for each city
- yearly average collection of 60,000
during the last 3 years = 1 Deputy RoD
- yearly average collection of 300,000
during the last 3 years = 1 Deputy + 1
2nd Deputy
- station and territory are defined by
the SoJ, upon the recommendation of
the LRA Admin.
Registration of property
Art 708 New Civil Code - The Registry of
Property has for its object the
inscription or annotation of acts and
contracts relating to the ownership and
other rights over immovable property,
which are not duly inscribed or
annotated in the Registry of Property
shall not prejudice third persons
- registration must be done in the
proper registry in order to affect and
bind the land
- Sec 51 - “no deed, mortgage, lease or
other voluntary instrument - except a
will purporting to convey or affect
registered land shall take effect as a
conveyance or bind the land , but shall
operate only as a contract between the
parties and as evidence of authority to
the RoDs to make registration.”
- so, if a sale is not registered, it is
binding only to the parties of such sale
and not against 3rd persons
- RoDs keep a primary entry book in
which all instruments including copies
of writs and processes relating to
registered lans shall be entered in the
order of their filing
- It is considered REGISTERED from the
time it is noted
Registration
the ministerial act by which a
deed, contract, or instrument is
inscribed in the records of the Office of
the RoD and annotated at the back of
the TCT covering the land subject of the
deed, contract, or instrument
- binding upon third persons
Effect of Registration
 the act of registration shall be
the operative act to convey or affect
the land insofar as third persons are
concerned (Sec 51)
- if done in bad faith = no actual
registration
- prior knowledge of a transfer of a
registered property by a subsequent
purchaser = purchaser in bad faith
- registration does not add to the
validity of a fraudulent instrument
- registered Torrens title (subsequent)
> receipt evidencing sale (first)
Office of the Register of Deeds
PD 1529 Sec 8 - appointed by the
President upon the recommendation of
the Sec. of Justice. Deputies are
appointed by the SoJ upon
recommendation of the LRA
Sec 9 - Qualifications: member of the
bar + 3 years of practice
Deputies - member of the bar
- constitute as the public repository of
records of instruments affecting
registered or unregistered lands and
chattel mortgages
- the existence of a certificate of title in
the registry supports and strengthens
the authenticity of the title
Duty of the RoD
Sec 10 - public repository of records of
instruments
- duty to immediately register and
instrument presented for registration
dealing with real or personal property
which complies with all the requisites
for registration.
- if the instrument is not registrable -
deny registration and inform the
presentor of such denial in writing,
stating the ground or reason thereof,
and advising him his right to appeal by
consulta in accordance with Sec. 117 of
this Decree
- registration is ministerial in nature
- the law on registration does not bar
the registration of invalid instruments ~
validity shall be decided after
registration not before.
- it is not the duty of the register to
decide, but is for a court of competent
jurisdiction to determine. (Almirol vs
Register of Deeds of Agusan)
- refusal to do so amounts to unlawful
neglect in the performance of a duty -
MANDAMUS (only after raising it en
consulta)
- limited only to the extrinsic validity (in
due form)
- when he is in doubt as to the proper
step to be taken, all that he is supposed
to do is to submit and certify the
question to the LRA Admin. (Almirol)
When the RoD may DENY
A. Where there are several
copies of the title but only
one is presented with the
instrument to be registered -
affects the integrity of the
encumbrance when it is only
found in one copy and not the
others. The law requires that
every copy be a duplicate of
the original, both must
contain identical entries. If
multiple copies carrying
different annotations would
be allowed, it would render
the system unreliable.
B. When the property is
presumed conjugal but the
 instrument of conveyances
bears the signature of only
one spouse - must show
evidence that the property is
personal. Article 124 of the
Fam Code requires that sale
of conjugal property requires
the consent of both spouses,
absent one = null and void
C. When there is a pending case
in court where the character
of the land and the validity of
the conveyance are in issue -
registration should await the
outcome of a case in order
that the rights of the parties
be protected upon a notice of
lis pendens
D. When the required certificates
or documents are not
submitted - not a bar if it is
cured subsequently.
(considered as questioning
the EXTRINSIC validity) (A-E
from Agcaoili)
E. When the document is not
verified and acknowledged by
a notary public (Gallardo vs
IAC) - doubtful
F. When the land is non-
registrable land of public
domain (Mem-Aid 2017)
En Consulta
Sec 10 - a RoD is precluded from
exercising his personal judgement and
discretion on WoN a deed is to be
registered on the ground that it is
invalid.
TWO INSTANCES
a) when the RoD is in doubt
with regard to the proper
step to be taken or
memorandum to be made
b) where any party in interest
does not agree with the
action taken by him with
reference to any such
deed or instrument
The LRA Admin., upon notice and
hearing shall issue and order
prescribing the step to be taken or
memorandum to be made on the
matter. His ruling shall be conclusive
and binding upon all RoDs. THIS
SHOULD BE DONE FIRST BEFORE
MANDAMUS
PART 3
Citizenship requirement
Krivenko vs Register of Deeds - settled
the issue as to who are qualified to own
public as well as private lands in the
Philippines.
- CJ Moran held that aliens are
disqualified from owning all types of
lands
- since the Constitution limits public
agricultural lands to Filipino citizens,
such can be easily defeated if the
Filipinos themselves alienate such to
aliens
- for this reason, Sec. 7 establishes the
rule on transfer of land
- closes the remaining avenue through
which agricultural land may leak into
aliens’ hands
- Sec. 7 “Save in cases of hereditary
succession, no private lands shall be
transferred or conveyed except to
individuals, corporations, or
 associations qualified to acquire or
hold lands of the public domain”
- Sec. 8 “Notwithstanding the
provisions of Sec. 7 of this Art., a
natural born citizen of the Ph. who
has lost his Ph Citizenship may be a
transferee of private lands, subject to
limitations provided by law.
- the limitation does not apply to the
improvements built thereon.
Aliens may lease lands
a lease to an alien for a
reasonable period is valid. So is an
option to buy on condition that the
alien acquire citizenship
- they are granted temporary rights
such as a lease contract
- citizenship is not impossible
(premise)
- but if the option to buy limits the
Filipino owner from selling or
disposing of his property, this to last
for 50 years, then it becomes a
virtual transfer of ownership
- Virtual transfer: the owner divests
himself in stages not only of the right
to enjoy the land, but rights, the sum
of which make up ownership
(possidendi, utendi, fruendi,
abutendi)
Corporation Sole
Roman Catholic Apostolic
Administrator of Davao vs LRC - a
corporation sole is a vested with the
right to purchase and hold real estate
and to register the same in trust for the
faithful.
- it is not an ordinary private corp.
since it has no nationality
- the framers did not have in mind this
type of corp. in providing for the 60%
rule
- it is not the owner of the properties
that are acquired but merely the
administrator thereof
- the properties pass to the successor-
in-office, not in interest/heirs
Donation in favor of a Religious
Corporation
Register of Deeds of Rizal vs Ung
Siu Si Temple - a RoD may validly deny
registration due to the absolute
disqualification found in Sec. 8 Art XII of
the Constitution
- the Constitution makes no exception
to religious association
- as compared to RCAD vs LRC, the
respondent is a corporation
aggregate
- such denial does not violate the
freedom of religion since land
ownership is not indispensable to the
free exercise and enjoyment
- Corp. Aggregate - unregistered
organization operating through three
trustees, all Chinese
Lands sold to an alien which is now in
the hands of a Filipino
the flaw in the original
transaction is cured, no public policy is
left to protect
- De Castro vs Tan - petitioner sold her
lot which was then passed down to
the son (naturalized) - no recovery
can be done since there is no public
policy to be served as the land is in
the hands of a qualified person.
- Republic vs IAC and Gonzalves - the
subsequent acquisition of citizenship
forecloses any debate regarding title.
- Rellosa vs Gaw Chee Hun (reversed?)
- the application of in pari delicto
- knowing that the vendee was not
qualified, the owner may no longer
recover the land conveyed. What is
left is either the action for reversion
(Public Land Act), or the land be
escheated to the State (Consequence
of violating the Constitution)
- Philippine Banking Corp. vs Lui She -
the rule was not applied although of
the same tenor as Rellosa
- reasons: 1. the original parties who
were guilty have died and have since
been substituted to whom it would be
unjust to impute their guilt 2. as an
exception to the rule on in pari
delicto, when public policy is
enhanced, recovery is possible
- therefore it bars the recovery of land
sold to an alien who acquired
citizenship or when it has come to
the hands of a qualified transferee in
good faith.
Rights of Natural-born Citizens
Sec. 8 “Notwithstanding the
provisions of Sec. 7 of this Art., a
natural born citizen of the Ph. who has
lost his Ph Citizenship may be a
transferee of private lands, subject to
limitations provided by law.
R.A. 7042 as amended by R.A. 8179
(March 28, 1996) - Sec. 10 - Other
rights of former natural-born Filipinos -
any natural born citizen who has legal
capacity to enter into a contract may
be a transferee
5,000 square meters in urban land
3 hectares in rural land
- to be used by him for business or
other purposes.
- in case of married couples, one may
avail of the privilege or if both shall
avail, the total area shall not exceed
the maximum
- if already owns land, he shall be
entitled to additional land for
business or other purposes provided
that it shall not exceed the maximum
area
- a transferee under this act may
acquire not more than 2 lots which
should be situated in different
municipalities or cities anywhere in
the Philippines, provided that the
total area does not exceed the
maximum
- acquiring urban land disqualifies the
acquisition of rural land and vice
versa
Batas Pambansa Blg. 185 - Sec. 2 - any
natural-born citizen who has lost his
citizenship and who has legal capacity
to enter into a contract under Ph laws
may be a transferee of a private land
1,000 square meters in urban land
1 hectare in rural land
- to be used by him as his residence
- in case of married couples, one may
avail of the privilege or if both shall
avail, the total area shall not exceed
the maximum
- if already owns land, he shall be
entitled to additional land for
 residential purposes provided that it
shall not exceed the maximum area
- Sec 3 - a transferee under this act
may acquire not more than 2 lots
which should be situated in different
municipalities or cities anywhere in
the Philippines, provided that the
total area does not exceed the
maximum
- acquiring urban land disqualifies the
acquisition of rural land and vice
versa
Sec 5 - Transfer as a mode of
acquisition refers to either voluntary or
involuntary sale, devise or donation.
Involuntary sales shall include sales on
tax delinquency, foreclosures, and
execution of judgement.
Exception: RA 9225 - Citizenship
Retention and Re-acquisition Act of
2003 - shall enjoy full civil and political
rights
Notes:
Capacity to own land is determined as
of the time of its acquisition and not
registration - Former Filipinos who had
acquired a land that had already
complied with Sec. 48[b] of CA 141 can
register the land since it is no longer
public domain. Since they were former
Filipino citizens, they can enjoy the
privilege of Sec. 8 of Art. XII (Republic
vs CA and Lapina)
PART 4
Classification of Public Land
An Executive Prerogative
land that has not been acquired
from the government, either by
purchase or grant or any other mode
recognized by law, belongs to the State
as part of the public domain
- No public land can be acquired
through any other means, and it is
indispensable that the person
claiming title to should show that his
title was acquired through purchase
or grant from the State, or any other
mode recognized by law
- the classification of land is an
exclusive prerogative of the
executive department and not of the
courts.
- in the absence of such, the land
remains as unclassified until it is
opened for disposition.
System of Classification
- governed by CA 141
- The President is authorized to classify
the lands into A and D, timber, or
mineral lands. (Sec. 6)
- A and D lands may be further
classified by their use (Sec. 9)
- agricultural
- residential, commercial,
industrial, or for similar
productive purposes
- educational, charitable, or other
similar purposes
- reservation for town sites and for
public or quasi-public uses
Classification of Land According to
Ownership
all lands not appearing to be
clearly under private ownership are
presumed to belong to the State
- land may be classified as either:
Public Dominion or Private Ownership
- Public Dominion may be:
- intended for public use
- belongs to the State, without
being for public use, and is
intended for some public service
or for the development of the
national wealth.
- Patrimonial property - land belonging
to the State which is not of such
character or although of such
character but no longer intended for
public use or for public service

Classification according to alienability

only agricultural land may be
alienated