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An Overview of Land Titles and Deeds
An Overview of Land Titles and Deeds
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a.) The real purpose of the system is to quiet title of land; to put a stop Accretion is the slow and hardly perceptible accumulation of soil deposits
forever to any question of the legality of the title, except claims which were that the law grants to the riparian owner. (Binalay vs Manolo, 195 SCRA
noted at the time of registration, in the certificate, or which may arise 374)
subsequent thereto. That being the purpose of the law, it would seem that
once a title is registered, the owner may rest secure, without the necessity D.) Those who have acquired ownership of land in any other manner
of waiting in the portals of the courts, or sitting in the "mirador de su casa", provided by law.
to avoid the possibility of losing his land. (Legarda vs. Saleeby 31 Phl 590)
4. Administrative Method D. Tax declarations when coupled with proof of actual possession are
strong evidence of ownership (Gonzaga vs CA SCRA 327)
Free Patent, Homestead and Sale Provisions
E. A foreign national may apply for registration of title over a parcel of land
which he acquired by purchase while still a citizen of the Philippines
A.) Whenever lands of the public domain are disposed of by the DENR (Republic vs CA and Lapiña, 235 SCRA 567)
through free patent, homestead and sales, they shall be brought under the
operation of the Torrens System. F. A private corporation may apply for judicial confirmation of title to public
agricultural land because if a price of land of the public domain has been in
open, continuous, exclusive and notorious possession under a bona fide
Thus Sec 103 of PD 1529, states: claim of ownership for a period prescribed by law, the land after the lapse
of said period Ipso Jure ceases to form part of the public domain and
"Whenever public lanf is by the Government alienated, granted, or becomes private property, thus removing it from the ambit of the
conveyed to any person, the same shall be brought forthwith under the constitutional prohibition (Republic vs CA 155 SCRA 344)
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 G. Spanish Titles - PD 892, effective Feb 16, 1976, invalidated all Spanish
Government to cause such instrument to be filed with the Register of titles and declared that they can no longer be used as evidence of land
Deeds of the province or city where the land lies, and to be registered like ownership. They shall then be treated as unregistered lands.
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."
H. Judgment - Shall become final after 15 days from notice, there can be
no execution of judgment pending appeal in land registration proceedings.
B.) Emancipation Patent or Certificates of Land Ownership Awards (CLOA)
An original certificate of title issued on the basis of a patent VI. CHARACTERISTICS OF A TORRENS CERTIFICATE OF TITLE
partakes of the nature of a certificate of title issued in a judicial proceeding
and becomes indefeasible upon the expiration of one year from the date of
promulgation of the order of the Director of Lands for the issuance of Rules, principles, doctrines, and maximes of the Torrens system which were
patent. (Heirs of Gregorio Tingco vs Heirs of Jose Alinaias, 168 SCRA culled from landmark decisions of the highest court on actual cases as
198) arranged by Prof. Gregorio Bilog in his book, "Land Title and Deeds", 2005
Ed.
V. STEPS IN THE ORIGINAL REGISTRATION OF TITLE
A. Best Evidence of Ownership - A Torrens Certificate of Title is the best
evidence of ownership of the land described therein.
1. Survey - In Director of Lands vs. Reyes, et al, 68 SCRA 177 -182. The SC (See Vilanueva vs CA, 198 SCRA 482
ruled: Ching vs CA, 181 SCRA 9,
"The applicant is not relieved from submitting in evidence the original plan Heirs of George Bofill vs CA, 237 SCRA 451,
approved by the Director of Lands as required by law. One of the Halili vs National Labor Relations Commissions, 257 SCRA 174,
distinguishing marks of the Torrens System is the absolute certainty of the Lee Tek Sheng vs CA, 292 SCRA 544)
identity of a registered land. Consequently, the primary purpose of the said
requirements is to fix the exact or definite identity of the land as shown in B. Notice to the Whole World - A torrens title gives notice to the whole world;
the plan and technical description." or a Torrens title bind the whole world.
(See Egao vs CA, 174 SCRA 484,
National Grains Authority vs IAC, 157 SCRA 380,
2. Application - Discussed earlier as to where to file. Ching vs Malaya, 153 SCRA 412,
People vs Reyes, 175 SCRA 597)
3. Setting the Date of Initial Hearing
Not earlier than 45 days nor more than 90 days from the date of the order The issuance of certificate of title is a constructive notice thereof to all
(Sec 23, PD 1529) persons. (Serna vs CA, 308 SCRA 527, 529)
4. Transmittal of the Order of the Court to the LRA Registration of a deed sale in the Registry of Deeds constitutes constuctive
notice thereof to the whole world.
(See Calalang vs ROD of Quezon City, 208 SCRA 215,
5. Preparation and Issuance of the Notice of Initial Hearing People vs Pacificador, 354 SCRA 310)
6. Publication, registed mail and posting (Sec 3, Pd 1529) No one can plead ignorance of the registration. (Egao vs CA, 174 SCRA 484,
Jacob vs CA, 244 SCRA 189)
" Sec 23 states that publication in the Official Gazette shall be sufficient to
confer jurisdiction upon the Court. However, in Director of Lands vs. CA C. Unregistered Claims - A Torrens title bars all prior claims not registered
(276 SCRA 276-287) the SC ruled that the publication in a newspaper of on the title.
general circulation is equally a mandatory jurisdictional requirement. "The (See PD 1529 , Sec 44; Republic vs Umali 171 SCRA 647)
elementary norms of due process require that before the claimed property
is taken from the concerned parties and registered in the name of the
applicant. The said parties must be given notice and opportunity to All claims and liens of whatever character existing against the land prior to
oppose. the issuance of certificate of title are barred, if not noted on said certificate
7. Opposition The registered owner of a Torrens Certificate of Title and the subsequent
Shall be filed by any person who claims the land or any interest therein. purchaser for value and in good faith of registered land shall hold the
certificate free from all liens and encumbrances, except those noted in said
certifcate and those specified by law.
8. Initial Hearing and Presentation of Evidence.
(See PD 1529 Sec 44 and 46, Republic vs Umali 171 SCRA 647, Felix Gochan and
A. General Default Sons Realty Corp vs Cañada, 165 SCRA 207; Ferre-Lopez vs CA 150 SCRA 393;
Cureg vs IAC, 177 SCRA 313, Aldecoa and Co vs Warner Barns & Co, 30 Phil 209;
Snyder vs Fiscal of Cebu and Avila. 42 Phil 766)
B. Default Order is entered
D. Indefeasible - A Torrens certificate of title services as evidence of an
C. All applicants must overcome the presumption that the land sought to indefeasible title to the property in favor of the person whose names appear
be registered form part of the public domain. (Republic vs CA and Naguit therein.
Supra)
AN OVERVIEW OF LAND TITLES AND DEEDS. rae 3
( See Republic vs CA, 204 SCRA 160, Muyco vs CA, 204 SCRA 358, Tirado vs The Torrens title cannot cover up frauds. (Adille vs. CA, 157 SCRA 672)
Sevilla, 188 SCRA 321, Ortegas vs Hidalgo, 198 SCRA 6356, Jacob vs CA, 266 SCRA
189)
I. Forgery - Any registration procured by the presentation of a forged
duplicate certificate of title, or a forged deed or other instrument shall be null
Title to the property covered by a Torrens certificate becomes and void (PD 1529 Sec 23)
incontrovertible or indefeasible after one year from the entry of the decree
if registration.
A forged instrument may become the "root of a valid title". (Torres vs CA, 186
SCRA 672)
**See
PD 1529, Sec 32
Calalang vs. Register of Deeds of Quezon City, 208 SCRA 215 A fraudulent or forged document of sale may become the root of a valid title
Reyes and Nadres vs Borbon and Director of Lands, 50 Phil 791 if the certificate of title has already been transferred from the name of the
Jacob vs Court of Appeals, 224 SCRA 189 true owner to the name of the forger or the name indicated by the forger.
Trinidad vs IAC, 204 SCRA 524
(See Duran vs. IAC, 138 SCRA 489; De la Cruz vs Fabie, 35 Phil 14; Roman Catholic
Tirado vs Sevilla, 188 SCRA 321
Bishop vs Philippine Railway, 49 Phil. 546)
Cagayan de Oro City Landless Residents Association, Inc, vs CA, 254 SCRA 220
Republic vs CA, 204 SCRA 160
Muyco vs CA, 204 SCRA 358 The doctrine that a forged instrument may become the root of a valid title
Ortegas vs. Hidalgo, 198 SCRA 635
cannot be applied where the owner still holds a valid and existing certificate
Republic vs De Guzman, 326 SCRA 267
Heirs of Simplicio Santiago vs Heirs of Mariano E. Santiago, 404 SCRA 193 of title covering the same interest in a realty. (Torres vs CA, 186 SCRA 672)
E. A Torrens Title is Imprescriptible J. Loss -As between two innocent persons, the one who made it possible for
(See PD 1529, Sec 47; Vda. de Villanueva vs CA, 351 SCRA 12) the wrong to be done should be the one to bear the resulting loss (See: Legarda
vs CA, 280 SCRA 642; Cabuhat vs CA, 366 SCRA 176; Tomas vs. Tomas, 98 SCRA
280; Traders Royal Bank vs. CA, 315 SCRA 190)
No title to registered land in derogation of the title of the unregistered
owner shall be acquried by prescription or adverse possesion.
As between two persons, both of them whom are in good faith and both
innocent of any negligence, the law must protect and prefer the lawful
See: holder of registered title over the transfer of a vendor bereft of any
PD 1529, Sec 17 transmissible rights. (Baltazar vs. CA, 168 SCRA 354; Torres vs CA, 186 SCRA
Viacrucis vs CA, 44 SCRA 176 672)
J.M. Tuason and Co., Inc. vs CA, 93 SCRA 146
Alarcon vs Bidin, 120 SCRA 390
umbay vs Alecha, 135 SCRA 427 K. Priority of Rights - "Prior tempore potior jure" -He who is first in time is
Cimafranca vs IAC, 147 SCRA 611 preferred in right.
Gallardo vs. IAC, 155 SCRA 248
Claudel vs. CA, 199 SCRA 133
Jacob vs. CA, 224 SCRA 198 The act of registration in the Registry of Deeds shall be the operative act to
Caiña vs. CA, 239 SCRA 252 convey or affect the lanf insofar as third persons are concerned.
Rivera vs. CA, 244 SCRA 218
L. Double Titles. Where two certificates of title include the same land, the
The owner of the land registered under the Torrens System cannot lose it by
certificate that is earlier in date prevails. (Garcia vs CA, 95 SCRA 380)
prescription
Where the title is in the name of the vendor when the land is sold, the C. The title has not passed to the hands of an innocent purchaser for
vendee for value has the right to rely on what appears on the title. value.
Where innocent third persons relying on the correctness of the certificate 5. Action of Reconveyance
of title issued, acquired rights over the property, the court cannot disregard Sec 96 of PD 1529 states: "that nothing in this decree shall be construed
such rights and order the total cancellation of the certificate for that would to deprive the plaintiff of any right of action which he may have againnst
impair public confidence in the certificate of title, otherwise everyone any person for such loss or damage or deprivation (of land or of any estate
dealing with property registered under the Torrens System would have to or interest therein) without joining the National Treasurer as party-
inquire in every instance as to whether the title had been regularly or defendant."
irregularly issued by the court.
A. Grounds:
A mortgagee has the right to rely on what appears in the certificate of title 1. Fraud
and in the absence of anything to excite suspicion, he is under no 2. Implied or Constructive Trust
obligation to lock beyond the certificate and investigate the title of the 3. Void Contract
mortgagor appearing on the face of said certifcate.
B. When to Avail
A person dealing with registered land has a right to rely on the Torrens 1. On the ground of fraud - 4 yrs from discovery
certificate of title without the need of inquiring further, except when he has 2. Implied Constructive Trust presribes in 10 years
actual knowledge of facts and circumstances that would impel a
reasonably cautious man to make such inquiry or when he has knowledge
C. The period is to be reckoned from the date of issuance of the original
of a defect of the lack of title of the other party or of sufficients to induce a
certificate of title.
reasonably prudent man to inquire into the status of the title of the property
in litigation.
D. If the party is in actual possession of the property, the action does not
See Sandoval vs CA, 260, SCRA 283 prescribe.
State Investment House, Inc. vs CA, 254 SCRA 368
Tiburcio vs PHHC, L-13479, October 31, 1959
6. Action for Damages. If the property has been passed to an innocent
Capitol Subd., Inc. vs Province of Negros Occidental, 7 SCRa 60
Luz vs Manipon, 381 SCRA 788 purchaser for value, the aggrieved party may bring an ordinary action for
damages against the applicant. (Sec 32, PD 1529)
Where the Torrens title is in the name of the vendor, the vendee has the
right to rely on what appears on the title; and, in the absence of anything to 7. Action for Compensation from Assurance Fund.
arouse suspicion, the vendee has no obligation to look beyond the title. Any person who sustains loss or damage, or is deprived of land or any estate
or interest byb reason of the operation of the Torrens System may file an
action for compensation against the Assurance Fund. (Sec 93 and 93 of PD
(See: Pino vs CA, 198 SCRA 434 1529)
Centeno vs CA, 139 SCRA 545
Chit, Sr. vs Benelda Estate Dev Corp, 353 SCRA 424
Republic vs CA, 306 SCRA 81 VIII. VOLUNTARY DEALINGS WITH REGISTERED LANDS
1. The act of registration is the operative act to convey or affect the land
insofar as third persons are concerned.
O. Titles Derived from a Void Title are Also Void
If a certificate of title is void, all subsequent certificates of title derived 2. Entry along produces the effect of registration whether the transaction is
therefrom are also void because of the truism that the "spring cannot rise voluntary or involuntary as long as registrant complies with all the
higher than its source." requirements. (DBP vs RD of Nueva Ecija, 162 SCRa 450)
See 3. The production of the owner's duplicate whenever any voluntary instrument
De Santos vs IAC, 157 SCRA 295
is presented for registration shall be conclusive authority from the registration
Calalang vs Register od Deeds of Quezon city, 231 SCRA 88
Mathay vs CA, 295 SCRA 556 shall be conclusive authority from the registered owner to the Register of
Deeds to enter a new certificate or to make a memorandum of registration.
(Sec 53 PD 1529)
This truism is in accord with the Latin maxim, "Nemo potest pius juris ad
allum transferre quam ipse habet," "No one can transfer a greater right to
another than he himself has." 4. The "Mirror Principle"
A purchaser is not required to explore beyond what the record in the registry
indicates on its face, in quest for any hidden defect or inchoate right which
may subsequently defeat his title thereto . (Chu Sr vs Benelda Estate Dev. Corp,
VII. REMEDIES OF PERSONS AGGRRIEVED IN A LAND REGISTRATION 353 SCRA 424)
PROCEEDINGS
5. Prior physical delivery or possession is not legally required and the
1. New Trial - Rule 37, Rules of Court execution of the Deed of Sale is deemed equivalent to delivery. (Power and Ind.
Corp. vs CA, 274 SCRA 59)
Extrinsic Fraud -refers to any fraudulent act of the successful pary in 2. LIS PENDENS
litigation which is committed outside the trial of a case against the
defeated party whereby said defeated party is prevented from A notice of lis pendends is not confined only to cases involving the title to
presenting fully and fairly his side of the case. or possesion of real property, but applies to suits brought to establish an
equitable estate, interest, or right, in specific real property or to enforce
Intrinsic Fraud -refers to acts of a party in a litigation during trial which any lien, charge or encumbrance against it. (Viewmaster vs Maulit, GR
did not affect the presentation of the case, but did not prevent a fair and 136283, Feb 29, 2000)
just determination of the case. (Sterling Investment Corp vs Ruiz, 30
SCRA 318)
AN OVERVIEW OF LAND TITLES AND DEEDS. rae 5
" A notation of lis pendends neither affects the merits of a case nor creates
a right or a lien."
“The mortgagor shall have the right to redeem the property until
but not after, the registration of the certificate of foreclosure sale,
with the applicable Register of Deeds which is no case shall be
more than three months after forclosure, whichever is earlier."