Jurisdiction

 power of a Court to determine, hear and decide on a case

 provided by law (BP 129)
 it cannot be waived
 it cannot be subject to stipulation by parties in a contract

Basis of Jurisdiction is conferred by law

Original Exclusive Jurisdiction

Delegated Jurisdiction

Land Registration Case – RTC as Land Registration Court (LRC)

First level courts acting on delegated jurisdiction can hear Land Registration Cases if the property is

 Uncontested lot
 Does not exceed 100k (even with controversy)

Can be heard by 1st level court

If the nature of the controversy pertains to title to or possession of a real property, and the assessed
value does not exceed 400,000 regardless of where the property is situated (20,000 if outside metro
manila or 50,000 if within metro manila before amendment by RA 11576)

RA 11576

Jursdictional Value for 1st level Courts

1. Real Action - pertains to title to or possession of a real property, and the assessed value does
not exceed 400,000 regardless of where the property is situated
2. Personal Action - directed to an individual for claims not exceeding 2M

In all civil actions which involve the title to, or possession of the assessed value of the property involved
does not exceed 400,000

In all civil actions which involving personal claims

For actions not capable of pecuniary estimation, jurisdiction falls in the RTC

Action re indivicatoria

 an action claiming ownership over a real property

Personal Action – directed to an individual for claims not exceeding 2M

Settlement of estate - venue is place of residence

Lack of Jurisdiction – cannot be waived, even if failed to raise

Venue

 Place of trial or geographical location in which an action or proceeding should be brought

  Provided by the Rules of Court
 Maybe the subject of stipulation of the parties in a contract

Lack of Venue – deemed waived if failure to raise at the earliest time

1. Real Action – case must be filed where the property is situated

2. Personal Action – Place of residents of the either of the parties of the case

General vs Limited Jurisdiction

Ordinary Prescription

Just Title + 10 Years of CONE possession (Just title – Owner in good faith)

Extraordinary Prescription

30 years whether good or bad faith

The moment of occupancy, the property must be classified as A and D

Patrimonial (not to be used by government)

First Step – Determine if property is registrable

Second Step – File the action

Using Provisions of the Law

 Prescription
 occupation since time immemorial

Check first if the property before using provisions of the Law

If property is not registrable, it would not ripe into

Property must first be classified as an agricultural land that is alienable or disposable or character should
be patrimonial in nature

Section 14.1 PD 1529

Predecessors in interest who have been in possession the property before June 12, 1945 or earlier

Sec 14.2 PD1529

Prescription – for action of confirmation/application of imperfect title

Acquisitive prescription – mode by which one is able to acquire certain rights

Ordinary – just title (purchased in good faith) and possession and occupation of the property for a
period of 10 years

Extra-ordinary – compliance with the CONE possession and occupation of the property for a period of 30
years and the property has been declared A/D for those years

Heirs of Malabanan (republic vs hadiat)

Distinction if the applicable is made between via 14.1 (PD 1529 – sec 14) or 14.2

For Sec 14.1 - PD1529

Ex. If you have been in possession on June 10, 1945, it does not require that the property be registrable
at the time of possession. What is required is that the property is registrable at the time of application

For Sec 14.2 – PD1529

Ex. For prescription, what is required is that the property is already alienable and disposable at the time
of possession

RA 11573

 Amended PD 1529, deleting sections 14.1 and 14.2 changed to CONE possession for at least 20
years
 As to applicants - duly authorized representative vs predecessors in interest
 Limitation of 12 hectares with regards to the property to be registered
 As to alienability, proof comes from certificate from a DENR genetic engineer vs the Executive
department
Aliens

GR – reserved to Filipinos

EXP – Sec 7, Art 12 of 1987 Constitution

 Can acquire through intestate succession (through operation of law) not testate succession (last
will and testament)

RA8179

Former Filipinos who became naturalized in foreign countries

 5000 hectares for urban lands, and 3000 hectares for rural lands
 Can own condominium provided that 60% percentage ownership of the condominium still
belongs to Filipinos

RA9225

Limitation on former Filipinos

No limitation for reacquisition of Citizenship (Filipino again)

Foreign Investment Act

Foreign Corporation can enter into lease contracts for real properties for not more than 50 years. Can be
renewed for not more than 25 years. Not automatic. Must present proof that the foreign company
contributed to social and economic development of the country

Ipare Delicto

Those who come in court must come with clean hands

Reversion of Land through Escheat Proceedings – Government remedy to acquire private land

Procedure
Survey Plan is a mandatory requirement

Next is monument title (deed of absolute sale, Tax Declaration

Application in writing – Initiatory Pleading

Default order

Motion to lift order of default before Judgment (affidavit of meritorious defense)

Fraud

Motion for New Trial (Rule 37)

-available provided that the motion for appeal has not yet lapsed

-15 days after the receipt of judgment rendered for ordinary notice of appeal

-30 days for record on appeal

Motion for Reconsideration (Rule ?7)

Petition for relief from judgment, orders or other proceedings (Rule 38)

-filed within 60 days and 6 months rule upon receipt or discovery or notice of the decision of the court
(30 mins)
If not in possession – 10 years

If in possession – imprescriptible

Grounds

Fraud
Granted only in exceptional cases
Q: Where do you file an action for reconveyance?

A: With the RTC, not acting as a land registration court because for want to reconvey the title from the
forger. Not an available remedy if the property has already passed to an innocent purchase in good faith
and for value

Q: how about and action for damages? What court exercises jurisdiction?

A: It depends, if the pecuniary amount is bellow 2M, then the jurisdiction falls with the first level court
since an action for damages is a personal action against the forger

Q: Where should you file a petition for relief of judgment?

A: A petition for a relief of judgment is a continuation of the old proceeding and it must be filed in the
court who rendered the judgment, decision or final order

Q: Petition for review of the decree of registration, an action against an insurance fund

A: Filed with the RTC

*Determine the prayer, or the relief being sought for. Not the caption

 Pecuniary estimate

*Original Jurisdiction vs Delegated Jurisdiction for Judicial confirmation of imperfect title

PD1529 Before the amendment (RA11573)

* strictly construed the concept of registrability by requiring a positive act by the government. EO, EM,
PP, official documents issued by the president having the sole prerogative to as to the reclassification of
the property

*Now, you can have a certificate from a genetic engineer stating therein the basis in saying that the
property is registrable (alienable/disposable)

*In accordance with the constitutional provision that only agricultural lands which are alienable and
disposable may be the subject of acquisition or disposition

*Under the civil code, agricultural lands are classified as one for public use, which are beyond the
commerce of man. While the property may not be for public use but it is for national development, it is
still not yet available for the commerce of man. The property must be in a character of patrimonial
property

Jurisdiction vs Venue
Venue

 Place where the property is situated

 Can be waived
o Should be raised in the earliest opportunity, upon filing an answer. Raise it as an
affirmative and special defense
 Failure to raise, deemed waiver of your right to question the proper venue (civil procedure)
 The active participation of the party without raising the improper venue, tantamounts to waiver

Filing a case for judicial confirmation for a petition for application or complaint

 Attach
o Monuments of title
o Survey plan
 Jurisprudence provides that these are essential in order for the court to find the petition to be
complete in form and in substance
o Still needed to be proven during trial of the case
 Mandatory in the filing the petition or application. It must be stated therein
o The adjoining owners
o All the individuals who may have a claim over the property
o Must properly describe the property
o The limits and boundaries of the property
o Proof that the property is alienable and disposable

Who are qualified to file an application for judicial confirmation under PD1529

 From July 2021 (RA11573 as amendment)

o CONE possession and occupation of the parcel of land for a period of at least 20 years

Owners of abandoned river beds

 Through the policy of accretion

o Civil code
o Necessary that it is gradual imperceptible movement of the water without any human
intervention

For application for judicial confirmation for imperfect title on account of prescription as a mode of
acquisition

 Can still be availed even if RA11573 deleted sec 14.2 of PD1529

o Still available under the civil code
o And under existing laws
 Prescription
o Ordinary
 Just title plus good faith
o Extraordinary
  CONE possession and occupation for at least 30 years regardless of good faith or
bad faith

Court will set an initial hearing

 Not earlier than 45 days but not later than 90 days

o Compliance before initial hearing
 Publication in the official gazette or in any newspaper of general circulation
 Official Gazette
o Necessary for the court to exercise jurisdiction
o Absence - proceeding is null and void
 Newspaper of general circulation
o Comply with due process requirement
o Mandatory requirement as provided by due process
 Necessary sending of notice
 Posting in 3 conspicuous places for at least 14 days from the date of the initial
hearing
 court will issue an order of special default
o Any party who have adverse claim or would want to oppose the
judicial confirmation of imperfect title may file an opposition
o Or may appear in the initial hearing
 Court will issue an order of general default
o If no one will file and adverse claim or oppose the judicial
confirmation
o Remedy of party who has been declared in general default
 File a motion to lift order of default during the
corresponding opposition and
 Affidavit of merit
 clear and convincing facts and circumstances
constituting FAIM that you have a meritorious
defense
 not intended to delay the proceedings of the
court
 Grounds (FAIM)
 Fraud
 Accident
 Mistake
 Inexcusable negligence
o Effect of default
 Gives the opposing party the opportunity confront the
applicants and present controverting evidence
 Ex Parte presentation of evidence shall take place
o If no one files for a motion to lift order of default
o Still has to prove
  Registrability of the property
 CONE possession and occupation the property

Court will render a judgment on the merits of the case

 Granting or denying the petition

Judgment will become final and executory

 30 days after notice or receipt of the judgment of the court

 Court will then issue an order requiring the Land registration Authority (LRA) to issue a decree of
registration and Original Certificate of title (OCT) – date, time and hour
 OCT will become indefeasible and incontrovertible proof of ownership after 1 year from the
date of OCT
o Remedy within 1 year
 Petition for review of the decree of registration
o Remedy after 1 year or if OCT becomes indefeasible and incontrovertible
 If not transferred to a purchase in good faith and for value
 Motion for new trial
o Ground
 FAIM
 Newly discovered evidence
o When to file
 Within the period to file a motion for appeal
 15 days
o Notice of appeal
 30 days
o Record on appeal
o Attachments
 Affidavit of merit
 Proving FAIM
 Newly discovered evidence
o Discovered at the end of the trial
o Could not have been produced despite
exercise of reasonable diligence
o Material to the case not merely
corroborative or supportive
o Can change the outcome of the case
 Motion for reconsideration
o Grounds
 Damage awarded are excessive
 Evidence is insufficient to justify the decision or order
 Or the decision or final order is contrary to law
o When to file
 Within the period to file a motion for appeal
  15 days
o Notice of appeal
 Action for reconveyance
o Grounds
 Registration is erroneous or wrongful
o When to file
 If true owner is in possession of the property
 Imprescriptible
 If not
 Within 10 years from date of issuance of the
title
o Where to file
 RTC
o When not available
 Period already prescribed
 Title is already transferred to a purchase in good faith
and for value
 File for an action for damages against the forger
o Pecuniary estimate to determent court
with jurisdiction

Purchase in good faith and for value

 A person who acquired the property without notice of defect of the title or the person
transferring or conveying title or ownership over the property

Why 10 years

 Based on the civil code

 Created an implied trust between the forger and the true owner
 The forger holds the property in trust for or in behalf of the true owner

Petition for relief of judgment

 Double period
o Within 60 days from the time of notice and discovery and within 6 months from the
time the judgment has become final and executory
o Grounds
 FAIM
o Cannot file when
 FAIM is already apparent during the time motion for new trial is available but
the party failed to file
 Extraordinary remedy
o Granted only in exceptional cases
Annulment of judgment

 Grounds and when to file

o Extrinsic fraud
 Within 4 years from the discovery of extrinsic fraud
o Jurisdiction
 Before it is barred by laches or estoppel

Action against insurance funds

 Grounds and when to file

o Must be able to prove that the claimant was never negligent
o Within 6 years from the time the cause of action arose

Reversion of land into public land

 Grounds
o Fraudulently awarded to or disposed of to the mass of the public domain

Escheat proceedings

 When a person dies intestate and no heir to inherit the property

 Government takes the property

Quieting of title

 Remove any cloud or doubt on the title by virtue of encumbrance, instruments, proceedings in
court
 Filed before the RTC