LTD Finals Reviewer 2017-BOOK - PENA - Real Property - Deed

9/27/2020 Ltd Finals Reviewer 2017-BOOK-- PENA | Real Property | Deed
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Ltd Finals Reviewer 2017-BOOK-
- PENA
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Uploaded by Mizelle Alo on Nov 07, 2017
Reviewer for Pena book Full description
      LAND-TITLES- Crim Pro Land Titles and

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REGISTRATION OF LAND TITLES and DEEDS

S.Y. 2017-2018
ALO, AWING, DELA CERNA
I. BACKGROUND, BASIC CONCEPT AND GENERAL PRINCIPLES 3 systems of registration of land titles and deeds
1. Spanish Mortgage Law (abolished by PD 892)
Land title refers to that upon which ownership is based. It is the
evidence of the right of the owner or the extent of his interest, 2. Torrens system (PD No. 1529 ,June 11,
and by which means he can maintain control, and as a rule, PROPERTY REGISTRATION DECREE)
assert right to exclusive possession and enjoyment of the 3. system of recording for unregistered lands
property. Registration, purpose and effect in general.

Related
Deed titles
refers to a written instrument executed in accordance

Registration does not vest title. It is not a mode of ac
with law, wherein a person grants or conveys to another certain ownership but is merely evidence of such title over a pa
land, tenements or hereditaments. property.
 afford some means of publicity
Types of Estates  prevent fraudulent claims
rd
 constructive notice to 3 persons
1. freehold estate, which indicates title of ownership;  notify and protect the interests of strangers to
transaction 
 fee simple- is meant an absolute title; it is an absolute
estate in perpetuity. Registration, original distinguished from subsequent

 fee tail- one designed to pass title from the grantee to  original registration- when right of ownership
LAND-TITLES-his heirs,Crim
the Pro Land being
intent of the grantor Titles to
and 2018_AFR_Local_G
keep the to land Land Titles
is for the Land
first time made Ti TSNrecord
of public
AND-DEEDS-… property reviewer.docx
in the grantee’s line Deeds Agcaoili…
of issue any ofReviewer
the existing systems of registrati
 life estate- one held for the duration of the life of the proceeding brought before the land registratio
grantee. to determine title of ownership to the land
basis of an application filed for registration o
2. less-than-freehold estate, which signifies some sort of a answer filed by a claimant in a cadastral regis
https://www.scribd.com/document/363735384/Ltd-Finals-Reviewer-2017-BOOK-PENA 1/24
right short of title. case.
 estate for years- in the nature of a lease, and therefore  subsequent registration- any further trans
Search
is short of title. The term may be up to ninety-nine  
affecting such originally registered land. A 
proc
years. where incidental matters after original regis
 tenancy from period to period- in the nature of a lease may be brought before the land registration co
Download 1 oroffrom
which may run from month to month 44 year to
year, with the peculiarity of automatic renewal from
way of Search
 motion document 
or petition fi led by the reg
owner or a party in interest.
time to time, unless expressly terminated by either 
party  Registration- a proceeding in rem , which shall be b
 tenancy at will- where a person is permitted to occupy upon all persons known or unknown.
the land of another without any stipulation as to
period, but either party reserves the right to terminate  Only real property or real rights may be obj
the occupation at will or at any time. registration under the existing land registration laws.
Registration of title distinguished from recording of evidence Modes of acquiring land titles
of title. 1. by public grant
In title registration, the state provides a public record of the  No public land can be acquired by private p
title itself upon which a prospective purchaser or someone else without any grant, express or implied
interested may rely. On the other hand, recording acts provide government
for the recording of deeds of conveyance and other  Tax declarations are not conclusive pro
instruments, without guaranteeing the title, leaving to the ownership in land registration cases
prospective purchasers or other  Forest lands or forest reserves are not cap
private appropriation and possession
persons interested to examine the instruments in the records 2. by adverse possession
and formulate their own conclusions as to their effect on the  voluntary (10 yrs) good faith
title.  extraordinary (30 yrs)
“We are only as strong as we are united, as weak as we are divided.”

-Dumbledore, Harry Potter and the goblet of fire-
Related titles REGISTRATION OF LAND TITLES and DEEDS

S.Y. 2017-2018

TRUST –IMPLIED OR EXPRESSED 5. It protects against encumbrances not noted on the T

(a) It is a relationship certificate.
(b) relationship of fiduciary in character 
(c) relationship with respect to property, not one involving 6. It makes fraud almost impossible.
merely personal duties 7. It assures.
(d) It involves the existence of equitable duties imposed 8. It keeps up the system without adding to the burden
upon
LAND-TITLES- the holder of
Crim Pro the title to the property to deal
Land Titles and with it taxation. Because
2018_AFR_Local_G Landthe beneficiaries ofLand
Titles the system
Ti TSNpay th
for the benefit of another fees.
AND-DEEDS-… reviewer.docx Deeds Agcaoili… Reviewer
(e) It arises as a result of a manifestation of intention to 9. It eliminates tax titles.
create the relationship. 10. It gives practically eternal title as the State insures
perpetually.
Implied trust is defined as the right, enforceable solely in 11. It furnishes state title insurance instead of private t
equity to the beneficial enjoyment of property the legal title to insurance
equity, to the beneficial enjoyment of property, the legal title to insurance.
which is vested in another and is further subdivided into 12. It makes possible the transfer of titles or of loans w
Search
resulting and constructive trust.  
the compass of hours instead of a matter of days and  w
3. by accretion BENEFITS:

1. The accumulation of soil or sediment must be gradual 1. It has substituted security for insecurity.
Download and imperceptible;
1 of 44  Search
2. It has reduced
document 
the cost of conveyance from pounds t
2. It is the result of the actions of the waters of the river; shillings, and the time occupied from months to days.
3. 3. The land where the accretion takes place is adjacent 3. It has exchanged brevity and clearness for obscurity
to the bank of the river. verbiage.
4. It has so simplifi ed ordinary dealings that he who ha
Accretion is the process whereby the soil is deposited, while mastered the “three R’s’’ can transact his own conveya
alluvium is the soil deposited on the estate fronting the river 5. It affords protection against fraud.
bank. 6. It has restored to their just value many estates, held
4. by reclamation good-holding titles but depreciated in consequence of
filling of submerged land by deliberate act and reclaiming blur or technical defect, and has barred the re-occurren
title thereto. any similar faults.
5. by private grant or voluntary transfer 7. It has largely diminished the number of chancery suit
usual means by which title to land is transferred by the removing those conditions that afford ground for them
owner himself or his duly authorized representative. Here
the consent or cooperation of the grantor is an essential STABILITY OF TORRENS SYSTEM
element  guarantees of the government in the form of titl
6. by involuntary alienation insurance backed up by a p ermanent assurance
does not require the consent or cooperation of the owner of 
the land, and, in fact, is usually carried out against his will. PURPOSE OF TORRENS TITLE
7. by descent or devise  to quiet title to land; to put a stop forever to any
question of the legality of the registration, in the
certificate, or which may arise subsequent there
hereditary succession to the estate of a deceased owner  relieves the land of unknown liens or claims, just
8. by emancipation patent unjust, against it.
tenant-farmers etc
II TORRENS SYSTEM: ORIGIN, NATURE, AND CHARACTERISTICS Failure to Register Deed

conveyance shall not be valid against any person unles
ADVANTAGES: registered, except
1. It abolishes endless fees. (1) the grantor,
2. It eliminates repeated examinations of titles. (2) his heirs and d evisees, and
3. It reduces records enormously. (3) third persons having actual notice or knowledge th
4. It instantly reveals ownership.

Related titles



LAND-TITLES- Crim Pro Land Titles and 2018_AFR_Local_G Land Titles Land Ti TSN
S.Y. 2017-2018
PROCEDURE IN ORDINARY Search

LAND REGISTRATION CASE:  acquired
(3) Those who have  ownershipof p
(S-F-S-T-P-S-F-H-P-I-E-S-T) abandoned river beds by right or accessi
under the existing laws.
1. Survey of land by the Bureau of Lands o r a duly licensed (4) Those who have acquired ownership of l
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private surveyor;
1 of 44  Search
manner
document
provided for by law. 
2. Filing of application for registration by the applicant; Where the land is owned in common , all the c
3. Setting of the date for the initial hearing of the le the application jointly .
application by the Court;
4. Transmittal of the application and the date of initial Where the land has been sold under pacto de
hearing together with all the documents or other a retro may file an application for the origina
evidences attached thereto by the Clerk of Court to the the land, provided, however, that should the p
Land Registration Commission (now National Land Titles redemption expire during the pendency of the
and Deeds Registration Administration); proceedings and ownership to the property co
5. Publication of a notice of the fi ling o f the application and vendee a retro, the latter shall be substituted f
date and place of hearing once in the Official Gazette and and may continue the proceedings.
once in a newspaper of general circulation in the
Philippines; A trustee on behalf of his principal may apply f
6. Service of notice upon contiguous owners, occupants and registration of any land held in trust by him, u
those known to have interest in the property by the the instrument creating the trust.
Sheriff;
7. Filing of answer or opposition to the application by any Form and contents of application
person whether named in the notice or not;  shall be in writing
8. Hearing of the case by the Court;  signed by the applicant or the person
9. Promulgation of judgment by the Court; in his behalf
10. Issuance of the decree by the Court declaring the decision  and sworn before any officer authori
final and instructing the National Land Titles and Deeds oath for the province or city where th
Registration Administrator to issue a decree of actually signed.
confirmation and registration;  If there is more than one applicant, th
11. Entry of the decree of registration in the National Land shall be signed and sworn to by and i
Titles and Deeds Registration Administration; The application shall contain a description of
12. Sending of copy of the decree of registration to the state the citizenship and civil status of the a
corresponding Register of Deeds (Registrar of Land T itles single or married, and, if married, the nam
and Deeds); and husband, and, if the marriage has been legal

13. Transcription of the
registration book anddecree of registration
the issuance in the
of the owner’s and
full how
namesthe marriage
and relation
addresses of terminated. It s
all occupants
duplicate original certificate of title of the applicant by the those of the adjoining owners, if known, and
Related titles
Registrar of Land Titles and Deeds, upon payment of the shall state the extent of the search to find the
prescribed fees. state whether the property is conjugal, 
exclusively owned by the app licant.
III APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS May a non-resident file application?
Who may apply? O-P-A-A YES provided he be represented by an age

(1) Those who by themselves or through their predecessors  th
Philippines, presenting with the application
in-interest, have been in open, continuous, exclusive and power of attorney, showing the full name a
notorious po ssession and occupation of alienable and of the agent, and agreeing that the service of
disposable lands of the public domain under a bona fi de upon such agent shall have the same legal e
LAND-TITLES- Crim Pro since June Land
claim of ownership Titlesorand
12, 1945, earlier. 2018_AFR_Local_G
upon theLand Titles in the Land
applicant Ti TSN If t
Philippines.
AND-DEEDS-…
(2) Those who reviewer.docx Deeds Agcaoili…
have acquired ownership of private lands by becomesReviewer
insane or leaves the country in t
prescription under the provisions of existing laws. proceeding, the applicant is bound to appoint


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S.Y. 2017-2018
representative, and, in case of failure to do so, the application subject to the same requirements of publica
may be dismissed. in an original application”
Where to file application? An amendment due to change of name of t

 filed with the clerk of the Regional Trial Court of the not require publication
province or city where the land is situated. The Clerk of
Court may not accept any application unless it is shown  Plans to be approved by Directo
thereon that the applicant has furnished the Director of submitted in evidence.
Lands with a copy thereof, including all annexes (and  Signature of Directors of Lands o
payment too) required otherwise the title is void.
Muniments of title- instruments or written ev

Fees payable upon filing application applicant holds or possesses to enable him to
 Based on Assessed Value prove title to his estate.
 If not assessed for taxation, Market Value IV PUBLICATION, ANSWER, AND DEFAULT
Proceeding for registration of land, one in rem. Publication of notice:

“A land registration proceeding is ‘in rem’ and, therefore, the
decree of registration is binding and conclusive against all upon receipt of the order of the court setting
persons including the government and its branches.” hearing, shall cause a notice of the hearing to
Action to recover title to land, one in personam the Official Gazette and once in a news
circulation in the Philippines. The notice is to
What to accompany application: all persons appearing to have an interest in t
(a) tracing-cloth plan duly approved by the Director of including adjoining owners so far as known,
RelatedLands,
titlestogether with two blueprint or photographic copies all whom it may concern. The notice req

thereof; concerned to appear in court on the date and
(b) three copies of the corresponding technical descriptions; show cause why the application for registrat
(c) three copies of the surveyor’s certificate; granted. The publication in the Official
(d) all original muniments of title in the possession of the sufficient to confer jurisdiction upon the cou
applicant which prove his rights, to the title he prays for or The publication in the Official Gazette binds
to the land he claims; and inclusive of those who may be adversely  af
(e) certificate in quadruplicate of the city or provincial who factually have been innocent of such p
treasurer of the assessed value of the land, at its last the only way to gi ve meaning to the finality a
assessment for taxation, or, in the absence thereof, that of of the Torrens title to be issued, as against th
LAND-TITLES- Crim Proyear.
the next preceding Land Titles and 2018_AFR_Local_G
such ruleLand Titles
could Land
result to actual Ti TSN
injustice
AND-DEEDS-…
However, in reviewer.docx
case the land hasDeeds Agcaoili…
not been assessed, the Reviewer
application may be accompanied with an affidavit in Laches- the negligence or omission to asser
quadruplicate of the fair market value of the land, signed by reasonable time, warranting a presumptio
three disinterested persons. entitled to assert it either has abandoned
Amendments of application. assert it
Amendments of application. assert it
Section 19 of the Decree Search

specifically states: Land RegistrationProceeding
 in Rem-val
through publication
“Amendments to the applicant including joinder, substitution,
or discontinuance as to the parties may1be allowed by the court
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at any stage of the proceedings upon just and equitable terms.”
Purpose Search

and effects of publication.
document 
 to confer jurisdiction over the land app
court, and
“Amendments which shall consist in a substantial change in the  to charge the whole world with k
boundaries or an increase in area of the land applied for or application of the land involved, and inv
which involve the inclusion of an additional land shall be 
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9/27/2020 Ltd Finals Reviewer 2017-BOOK-- PENA | Real Property | Deed

Reviewer for Pena book Full description

      LAND-TITLES- Crim Pro Land Titles and

Download 1 of 44  Search document 

REGISTRATION OF LAND TITLES and DEEDS

property. Registration, purpose and effect in general.

estate in perpetuity. Registration, original distinguished from subsequent

“We are only as strong as we are united, as weak as we are divided.”

Related titles REGISTRATION OF LAND TITLES and DEEDS

TRUST –IMPLIED OR EXPRESSED 5. It protects against encumbrances not noted on the T

3. by accretion BENEFITS:

II TORRENS SYSTEM: ORIGIN, NATURE, AND CHARACTERISTICS Failure to Register Deed

“We are only as strong as we are united, as weak as we are divided.”

PROCEDURE IN ORDINARY Search

III APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS May a non-resident file application?

Who may apply? O-P-A-A YES provided he be represented by an age

“We are only as strong as we are united, as weak as we are divided.”

-Dumbledore, Harry Potter and the goblet of fire-

Download 1 of 44  Search document 

REGISTRATION OF LAND TITLES and DEEDS

Where to file application? An amendment due to change of name of t

Muniments of title- instruments or written ev

Proceeding for registration of land, one in rem. Publication of notice:

Section 19 of the Decree Search

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