Lesson 15 Required under Article 1358:
Section 51. Conveyance and other dealings by registered owner.
Exceptions:
1) When this encumbrances or adverse claim is noted in the very title itself (the moment it is noted, the
next holder to that would be binded to whatever inscription there would be. (action - quieting of title)
2) Certificate of Title should not be made as a shield to any fraudulent acts because he COT is not a way of
acquiring ownership. The Torrens system protects as a way of exception to the rule if the title property
although fraudulently acquired, it is transferred to a person who is a considered as an innocent buyer in
good faith and for value. The fraudulent title becomes a lawful title. (action - qualify client as an innocent
person of good faith and value in order that he can be protected by the Torrens System)
3) While it may be true that the holder of a certificate of title over a property is not subject to a acquisitive
prescription either in good or bad faith, however, if laches is proven.
Laches – inordinate sleeping on one's right (you are mandated by law to enforce your right but for a length of
time, you have not ascertained your right)
 Inordinate - unreasonable length of time to alert your right as a holder of a titled property claiming
yourself to be an owner.
Article 1356 (requirements to become a valid contract; COC)
 When contracts are considered void? If the object of the contract is contrary to law, good customs,
public order, morals, or public policy.
 3 elements to a valid contract:
a) Consent – if it is vitiated, the object may be legal, the consideration may be present but it was not
done in good faith -> the contract becomes defective and it becomes voidable.
b) Object
c) Cause or Consideration – the reason why the property was transferred to a subsequent order (any
form of conveyance - it is done voluntarily)
o Sale are done through conditions
o 2 kinds of conditional obligations: suspensive and resolutory
 Suspensive - the validity of the contract only is considered perfect as long as the pre-conditions is
complied with.
o There was no deed of absolute sale that was executed only a conditional deed of sale. (as
soon as the full amount was paid to the vendor, the vendee has the right to seek specific
performance for the vendor to execute the deed of absolute sale because of the compliance
of suspensive conditional obligation being worded in teh conditional sale.)
 Conveyance or recovery of ownership for lack of consideration
o Treat the case as the conditional resolutory obligation to the fulfillment of the cause or
consideration.
SUBSEQUENT REGISTRATION – there is already a title over the land and it is a subject for conveyance voluntary
undertaken by the parties themselves.
 Article 1358 – Subsequent land registration proceedings done voluntarily before it becomes registrable
before the register of deeds is mandated to be public instruments.
o It must be acknowledge converting the private document into a public document.
Specific conveyance that should be in a form of public document.
1) Acts and contracts which have for their object the creation, transmission, modification, or
extinguishment of real rights over an immovable property or an interest therein is governed under Article
1403, par 2 of the NCC for that matter.
 Any transfer therefore of the real property rights or the right of dominion must always be in a form of
a public document.
 A private document executed between 2 parties is binding between the 2, but if to protect the
interest of 3rd parties, it is mandated under article 1358 that it must be in a form of public document.
any form of transfer voluntarily entered by the parties either by donation, form of sale, barter, must
be in a form of a public document in order it be recorded before the register of deeds which
recording would be considered as a constructive notice against the whole world.
 Sort of constructive notice against the whole world.
2) Article 1405 of the New Civil Code
3) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of
gains;
4) The power to administer property, or any other power which has for its object an act appearing or which
should appear in a public document, or should prejudice a third person
5) The cession of actions or rights proceeding from an act appearing in a public document.
6) All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even
a private one. But sales of goods, chattels or things in action are governed by articles, 1403, No. 2 and
1405, and 1357.
Case for future practice (Alfredo v. Borras 404, SCRA, p. 145)
 In case of conflict of area of boundaries, the boundaries prevail over the alleged area in the document.
 In this case, non–payment of the price is called negative resolutory condition. If it is based upon
suspensive resolutory condition, the buyer does not acquire ownership unless he fully pays the purchase
price. The seller can only sure for damages but not recovery of the object land.
Case of de Leon v. Ong (611 SCRA 381)
Modes of Delivery:
 Aside of the execution of the document, it is mandated under our law that there should be a proof that
this property has been sufficiently delivered.
 Delivery as a mode of transmission is provided under Article 1497 to 1501 which are the different modes
of signifying transfer or possession to a property. Except immovable property because there is an
addendum requirement of execution of public instrument which is considered as an actual delivery and
considered as a prima facie presumption of delivery.
o It is only when there is delivery that which the elements of ownership of the thing sold or conveyed is
properly proven under our law.
2 kinds of delivery: TRADITIONAL and CONSTRUCTIVE
 Execution of public document of sale is equivalent to delivery and it is deemed negated if the buyer was
not able to take actual physical possession of the land or property.
  In the case of Villamar v Mangasil (GR No 18661; 4/11/2012) - the non–delivery of the property was
sufficiently a fault that would negate ownership because of the non– payment of the balance which would
be considered required under constructive delivery.
Basic principle on sales – caveat emptor
Section 52. Constructive notice upon registration.
Registration of public documents
 The moment these public document is registered under the register of deeds, sec. 52 provides that it
serves as a constructive notice upon the whole world affecting registered lands and it is effected upon
registration filing and recording of the document or conveyance.
 Purpose of registration of said public document is purely to notify the interest of strangers to a given
transaction who may be ignorant of said transaction but actual notice is equivalent to registration
between and among the contracted parties.
Section 53. Presentation of owner's duplicate upon entry of new certificate.
 When it is a voluntary conveyance entered into the parties upon execution of teh public document in a
form of gesture of delivery of the property.
 Surrender of the title is enough proof that the property was constructively delivered to the next owner.
 When you try to register public document and you would like to transfer to your name, it is mandated
under Sec. 53 of PD 1529 that the said certificate of title subject of a public document of conveyance or
whatever form of transfer, the surrender of title is necessary to effect the transfer of the title to the next
subsequent transferee.
 It is mandated under the voluntary registration of property or when there is a deed of sale and the title is
not delivered.
o What is the option of the vendee? He has to file for a specific performance of the title under section
of 107 of PD 1529.
Any document of a result of forgery or falsification convicts no title thereto to the next title.
o Exception: when it goes to the hands of an innocent purchaser in good faith and for value.
Lesson 16
Procedures as provided under Section 58.
When only portion has been a subject of a transfer or sale, donation, or any form of voluntary conveyance,
how would you have it registered?
 1st principle: except of transfer of ownership, all must only be annotated in the list of encumbrances
o It should only appear in the list of encumbrances but not a total cancellation of the said title.
If there is mere or not a total ownership among the heirs, this land where portion only has to be divided
among the heirs, it would remain to be annotated in the list of encumbrances.
Section 58. Procedure where conveyance involves portion of land.
 Plan of subdivision where there is a respective technical description shall have been verified and approved
before the DENR technical division of Land Management Bureau Division of the DENR.
 The deed of sale to portion of these property may meantime be annotated in the memorandum of
encumbrances or list of encumbrances at the back of the said original title.
 If the sudivision plan has already been approved, only then when the lawyer go back again to the register
of deeds, petitioning in a formal written request that a new certificate of title be issued to teh pruchaser of
a portion of registered land.
Section 59. Carry over of encumbrances.
 If, at the time of any transfer, subsisting encumbrances or annotations appear in the registration book,
they shall be carried over and stated in the new certificate or certificates; except so far as they may be
simultaneously released or discharged.
 It is mandatory and a duty of the register of deeds to carry it over to the stated new certificate of title
unless said annotation or list of encumbrances has been released or discharged at the instance of
authorities or the court.
o Purpose: show that the grantee obtained the land or portion thereof subject to subsisting encumbrances
attached to the title of the grantor.
If you would be the holder with a lot of annotation on the title and you become a transferee?
 Your duty under the civil code - mandates to file a petition to quiet your title. (in order that all annotations
shall be ruled out if it has no legal cases at all)
Can register of deeds do that (quieting of title) at their own instance? No.
 It is only the court that could discharge release, cancel these annotations.
How about adverse claims? It is only the court through a petition of quiet title of said land.
Quieting of Title – to erase all clouds of doubt relative to the ownership and indefeasibility of the said title.
Section 60. Mortgage or lease of registered land.
 Land made as a security for the payment of money of fulfillment of existing obligation to answer the
amount of indebtedness should be required under Article 2085 of the Civil Code to be annotated in the
said title.
o Purpose of annotating a contract of mortgage? Because of equitable principle on that matter that these
land is made a secruity for future payment.
o Primary contract in mortgages contract? The essence is for the purpose of securing teh promissory note
which is the primary docuemnt that which should be the basis for a real estate mortgage contract
 This document is a promissory note to pay sum of money.
Where should it be registered?
 If it is a real estate morgage, it should be registered in the books of real property mortgages.
 If it would be a chattel mortgage, it should be registered in the book of chattels.
o IT IS COMMON. In fact so long as the chattel has not been release or discharged, it remains to be a lien
over your personal property.
Article 2085. The following requisites are essential to the contracts of pledge and mortgage:
(1) That they be constituted to secure the fulfillment of a principal obligation;
(2) That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged;
 (3) That the persons constituting the pledge or mortgage have the free disposal of their property, and in the
absence thereof, that they be legally authorized for the purpose.
Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging
their own property. (1857)
Pactum Commissorium – it is a stipulation on a contract of mortgage that the ownership of the property would
be automatically pass through the mortgagee in case no redemption was effective within the stipulated period
 Considered as null and void as it enables the mortgagee to acquire ownership of the property without
foreclosure proceedings - - Olea v CA 247 SCRA 274 (void ab initio and this provision of law is contrary to
public policy)
What the law provides under Sec. 60 – before the mortgagee could acquire ownership over the property made
as a collateral for payment of a promissory note to pay sum of money.
 There is a mandatory requirement of a foreclosure proceeding either judicial or extrajudicial required
under the law.
o But if it is extrajudicial, there must be authority on the part of the mortgagor to the sheriff to undertake
the proceedings.
In the absence of any authority of SPA, what is mandated under the law? It is usually judicial foreclosure
proceedings under the rules.
Section 61. Registration. Of mortgage or lease.
 It is required that is should be entered in a memorandum of encumbrances upon presentation of the
mortgage document.
 What is the effect the moment it is annotated in the list of encumbrances? It becomes now a notice to
the whole world.
o It would be a notice that the said property is now under an obligation or a lien for a payment for a sum of
money. It is required that it should be a proceeding in rem before it could be considered a trasnfer of
ownership.
 Before this could be considered a valid title to teh registered owner, that mortgage annotation should be
cancelled or released first otherwise it remains to be a priority lien to a transfer thereof where the law
requires that it should be respected.
What would happen if there is a difference between the unrecoded deed of sale prior to the date of real
property and the recorded mortagage thereof?
 Under Act 3344, the date of the mortgage contract shall be prefer as ruled out in the case of Reyes v De
Leon 20 ESCRA 369.
o The moment this mortgage contact to a property based upon a security for future payment of a
promissory note, it remains to be binding on whoever becomes the holder of this property if it would be
transferred by the mortgagor.
Section 62. Discharge or cancellation of mortgage
 Procedure that cancellation or discharge of mortgage shall extinguish only upon full payment of
indebtedness based upon the promissory note.
 If not fully paid, it would always remain a security to existing loan.
 Extrajudicial foreclosure proceedings required by the SC in case of mortgages that are foreclosed.
o It is guided under SC AM 99 -10-05-0 (pointed out to be strictly followed in the case of Fernandez v
Espinosa 551 SCRA 136)
What are the remedies of mortgages in case of default of payment? (2 legal options of mortgages)
1) Foreclose the mortgage
2) File an ordinary action to collect debt based on the promissory note.
If the mortgagor dies, what are the option?
a) Waive the mortgage claim in the entire debt from teh state of the mortgagor as an ordinary claim against
the state
b) Foreclose the mortgage and prove deficiency as an ordinary claim (most favored one in the actual practice)
c) Rely exclusively on the mortgage contract but not have a right to claim for deficiency
o Deficiency claims – claims against the collection of indebtedness (provided by law)
When could these right be exercised?
In relation to Sec 63 of PD 1529, it requires that these options in case of death must be considered an option
within a period of 10 years for that matter (because it is a right of action based on the written document) –
exercise right to foreclose the property or take the different remedy as discussed.
o Public Auction or consolidation of title before issuance of transfer certificate of title to the mortgage
creditor or to the highest bidder of teh sale if it is done by public auction.
13 steps of judicial foreclosure proceedings provided under Sec. 63 of PD 1529
a) Under Section 3, Rule 68 of the Rules of Court, it is the confirmation by the Court of the auction sale that
would divest the mortgagors of their rights to the mortgaged lot and that would vest such rights in the
bank as purchaser at the auction sale
b) The clause “subject to such rights of redemption as may be allowed by law” found in the last part of
Section 3, has no application to a new case where the mortgagor did not exercise his right of redemption
under Section 78 of the General Banking Law.
c) A foreclosure sale is not complete until it is confirmed, and before said confirmation, the court retains
control of the proceedings by exercising a sound discretion in regard to it, either granting or withholding
confirmation as the rights and interests of the parties and the ends of justice may require.
d) In order that a foreclosure sale may be validly confirmed by the court, it is necessary that a hearing be
given the interested parties, at which they may have an opportunity to show cause why the sale should not
be confirmed
e) The acceptance of a bid at the foreclosure sale confers no title on the purchaser. Until the sale has been
validly confirmed by the Court, he is nothing more than a preferred bidder. Title vests only when the sale
has been validly confirmed by the Court.
f) The confirmation retroacts to the date of the sale. A hearing should be held for the confirmation of the
sale. The mortgagor should be notified of the hearing. Lack of notice vitiates the confirmation of the sale.
The mortgagor may still redeem the mortgaged lot after the rendition of the order confirming the sale
which is void for lack of hearing and notice to the mortgagor.
g) Notice and hearing of a motion for confirmation of sale are essential to the validity of the order of
confirmation, not only to enable the interested parties to resist the motion but also to inform them of the
time when their right of redemption is cut-off.
 h) An order of confirmation, void for lack of notice and hearing, may be set aside anytime
i) After the foreclosure but before its confirmation, the court may grant the judgment debtor or mortgagor
an opportunity to pay the proceeds of the sale and thus refrain from confirming it.
j) If after the foreclosure sale and before the confirmation thereof, the mortgagee, as purchaser at the
auction sale, sold the mortgaged property to another person, that subsequent sale does not render the
foreclosure sale more effective. That subsequent sale does not prevent the trial court from granting the
mortgagor a period within which to redeem the mortgaged lot by paying the judgment debt and the
expenses of the sale and costs.
k) Whatever may have been the old rule by all of the modern authorities, it is the policy of the courts to assist
rather than to defeat the right of redemption
l) After the confirmation of the sale, made after hearing and with due notice to the mortgagor, the latter
cannot redeem anymore the mortgaged lot (unless the mortgagee is a banking institution)
m) It is after the confirmation of the sale that the mortgagor loses all interest in the mortgaged property
If considered foreclosure proceeding, there are also legal remedies for its redemption:
o Under the Corporation Code of the Philippines, redemption right to foreclose property is only 6 months
but with a natural person who undertaken a mortgage contract, he is given 12 months after the record of
sale of the property or based upon the certificate of sale issued and registered by the sheriff undertaking
these foreclosure proceedings.
Equity redemption – this a vested right to redeem after default but before the sale or confirmation of sale.
 Same rule applies to 2nd mortgagee where the 2nd mortgagee can undertake equity redemption.
When the borrower normally cannot pay, the 2nd mortgagee would exercise redemption (equity)
proceedings in order that have the right to the mortgage property that was unpaid.
These confirmation of sale necissates pronouncement of the court and it needs a hearing if it is a judicial
foreclosure proceedings.
Rights of those who may be the highest bidder in the highest bidder in the foreclosure proceedings?
 Right of writ of possession - placing the person in a physical actual possession over the property involved
in the public auction.
 The issuance is absolute after redemption period and this is a non–litigious matter. Therefore, it is
ministerial in nature. If however, the validity of levy is an issue now, it should be heard on merits as rules
out in the case of Cometa v IAC 151 SCRA 563
Section 64. Power of attorney.
 To convey or otherwise deal with registered land to be registered with the register of deeds otherwise the
sale is void.
 There are times where principal or owners of property is old, if you are interested to sell your property,
what are you supposed to do in order for the sale of the interested buyer be implemented legally?
o Issue a special power of attorney authorizing the person whom you have entrusted to sell the land (must
be annotated in the title itself)
Section 65. Trusts in registered land.
 Must be registered and annotated in this title.
 It should be entered into the lease of encumbrances in order that this would be taking a relationship
between a trustor and trustee.
o Particular entrusts conditions limitations or other equitable interest should not be entered in the
certificate but only in the memorandum by simple reference to the instrument creating the same.
3 parties in a trust:
a) trustor (owner of the property)
b) trustee (entrusted for a duty or obligation under the law in order to hold and manage the property)
c) beneficiary (normally the person who would benefit the contract)
TRUST – fiduciary relationship with respect to property which involves the involvement of equitable duties
imposed upon the holder of the title to the property to deal with for the benefit of another (beneficiary)
 Agreement or relationship should be annotated on the properties or titles of the trustor.
o What would happen? The trustee would act as if he is the owner of the property.
o What would happen? Considered annotated in the properties of the trustor. The trustee manages.
Article 1448 - implied trust; when property is sold, and the legal estate is granted to one party but the price is
paid by another for the purpose of having the beneficial interest of the property. The former is the trustee, while
the latter is the beneficiary.
LTD Lesson 17
Voluntary Land Registration Proceedings
When only portion has been subject of a transfer or sale, donation, or any form of voluntary conveyance, how
would you like it registered?
 1st principle: except of transfer of ownership, all must only be annotated in the list of encumbrances. It
should only appear in the list of encumbrances and not in a total cancellation of the said title.
o Procedure of conveyance involves poriton of lands.
o The law provides that the plan of subdivision with the respective technical description shall be verified
and approved before the DENR Technical Division of the Land Management Bureau Technical Division of
the DENR.
 2nd: The Deed of Sale to portion of this property may meantime be annotated in the memorandum of
encumbrances on the back of the said original title.
 3rd: If the subdivision plan has already been approved, only then the lawyer go back to the Register of
Deeds, petitioning in a formal written request that a new certificate of title be issued to the purchaser of a
portion of registered land.
Section 59. Carry-over of encumbrances.
 If, at the time of any transfer, subsisting encumbrances or annotations appear in the registration book,
they shall be carried over and stated in the new certificate or certificates; except so far as they may be
simultaneously released or discharged.
o Purpose: show the grantee obtained the land subject to subsisting encumbrances attached to the title of
the grantor.
Section 60. Mortgage or lease of registered land.
  Land made as a security for the payment of money or the fulfillment of an existing obligation to answer the
amount of indebtedness should be required by Article 2085 of the NCC to be annotated in the said title.
o Purpose of annotating a contract of mortgage? Because of equitable principle for that matter that this
land is made as a security of future payment.
 What is the primary contract in mortgage contract? The essence is for the purpose of securing the
promissory note which is the primary document that which would be the basis of the real estate mortgage
contract.
 Where should it be registered?
o If it is a real estate mortgage it must be registered in the books of real property mortgages.
o If it would be a chattel mortgage it must be registered in the books of chattels.
So long as the chattel has not been released or discharged, it remain to be a lien over teh personal property.
Principle of pactum commissorium – it is a stipulation in the contract of mortgage that the ownership of the
property would automatically pass to the mortgagee in case no redemption was effective within the
stipulated period.
o Considered null and void as it enables the mortgagee to acquire ownership of the property without
foreclosure proceedings.
o Considered void ab initio and is contrary to public policy (Olea v CA 247 SCRA 274)
The law provides that before the mortgagee could acquire ownership over the property made as a collateral
for payment of a promissory note to pay a sum of money, there is a mandatory requirement of a foreclosure
proceedings - either judicial or extrajudicial proceedings as required by law.
o But if that would be extrajudicial foreclosure proceedings, there must be an authority on the mortgagor
to the sheriff to undertake extrajudicial foreclosure proceedings.
o In the absence of any authority of SPA, judicial foreclosure proceedings is mandated by law.
Section 61. Registration. (of mortgage or lease.)
 It is required that it should be entered in the memorandum of encumbrances in the presentation of
mortgage document.
 Effect? It becomes now a notice to the whole world.
o It should be a proceeding in rem before it could be considered a transfer of ownership.
Before considered a valid title to the registered owner, that mortgage annotation should be cancelled or
release first otherwise, it remains to be a priority lien to any transfer thereof where the law requires to be
respected.
What would happen if there is a difference between the unrecorded deed of sale prior to the date of the
real property and the recorded mortgage thereof? Under Act 3344, the date of the mortgage contract shall
be preferred as ruled out in the case of Reyes v De Leon 20 SCRA 369.
The moment the mortgage contract to a property based upon a security for future payment of a promissory
note or sum of money, it reamins to be binding of whoever becomes the hold of this property if it would be
transferred.
Section 62. Discharge or cancellation.
 Shall extinguish only upon full payment of the indebtedness based upon the promissory note. If not fully
paid, it will always remain as a security to an existing loan.
o If not fully paid, it remain to be in that particular lien or encumbrances.
o Extrajudicial foreclosure proceeding in case of mortgages that are foreclosed.
 Guided under SC AM 99-10-05-0 (pointed out to be strictly followed in the case of Fernndez v
Espinosa 551 SCRA 136.
Remedies of mortgages in case of defualt of payment? There are 2:
a) Foreclose the mortgage
b) File an ordinary action to collect debt based on promissory note.
If the mortgagor dies or the owner of the property dies? There are 3:
a) Waive the mortgage claim in the entire debt from the state of mortgagor as an ordinary claim against the
state
b) Foreclose the mortgage and prove deficiency as an ordinary claim (most favored)
c) Rely exclusively on the contract but without the right to claim for deficiency.
o Deficiency claims – claims against the collection in the indebtedness.
When could this right be exercised? What is the prescriptive period?
 In relation to Sec. 53 of PD 1529, it requires that this option must be considered an option within a period
of 10 years for that matter.
Public Auction or consolidation of title before issuance of transfer certificate of title to the mortgagor or to
the highest bidder of the auction sale.
Legal Remedies for its redemption:
 Corporation Code of the Philippines (only 6 months)
o In a natural person who undertaken a mortgage contract, he is given 12 months of the record of the sale
of the property based upon the sale issued and registered by the sherrif undertaking this foreclosure
proceedings.
 Equity Redemption – vested right to redeem after default but before the sale or confirmation of sale.
o Same rule applies to 2nd mortgagee where the 2nd mortgagee can undertake equity redemption.
o Banks that are considered as 2nd mortgagee:
 When the borrower normally cannot pay, the 2nd mortgagee would exercise equity redemption
proceedings in order that they would have a right over the mortgage property that was unpaid.
o This confirmation of sale necessates pronouncement of the court therefore it needs a hearing for the
foreclosure proceedings.
What are the rights of those who may be the highest bidder in the foreclosure proceedings?
 Right of writ of possession – placing the person to actual, physical possession over the property involved in
the public auction.
o The issuance of writ of possession is absolute after the redemption period and it is a non – litigious
matter. (ministerial in nature)
Foreclosure proceedings should always follow to public auction and it goes always to the highest bidder.
If the validity of levy is an issue, it should be heard on merits as ruled out in Cometa v IAC 151 SCRA 563
Section 64. Power of attorney.
  To convey or otherwise deal with registered land to be registered to the Registered of Deeds, otherwise
the sale is void.
 If the owners of property are already old.
o If you are interested to buy, you must:
 Issue a special power of attorney authorizing the person whom you have entrusted to sell the land.
(must be annotated in the very title itself)
Section 65. Trusts in registered land.
 Trust contract must be registered and annotated in this title.
 It should be entered into in the list of encumbrances in order that this would be taking as a relationship
between a trustor and trustee.
Particulars of the trust, condition, limitation or other equitable interest shall not be entered on the
certificate; but only a memorandum thereof shall be entered by the words "in trust", or "upon condition", or
other apt words, and by a reference by number to the instrument authorizing or creating the same.
3 parties in the trust
a) Trustor – owner of the property
b) Trustee – person whom the property is entrusted to
c) Beneficiary – who would benefit from the contract
TRUST – fiduciary relationship with respect to property which involves the involvement of equitable duty
imposed upon the holder of the title to the property to deal with for the benefit of another.
Article 1448 – implied trust
 When property is sold and the legal state is granted to the party but the price is paid by another for the
purpose of having beneficial interest of the property, the former is considered is a trustee while the latter
is the beneficiary.
LTD Lesson 18
Involuntary Land Registration Dealings
Unless it would be a transfer of possession and ownership and total cancellation of the title, no new
certificate of title would be issued as a matter of policy or law under PD 1529 and all equitable interest in a
form of conveyances, court order or any of those that which would not transfer total ownership of a title
property is mandated under PD 1529 to only be annotated in the memorandum of said title by the register of
deeds.
PD 1529 mandates to be only annotated as involuntary dealings of land registration?
Section 69. Attachments
 Writ or order or process issued by the court intended to create or preserve in the lien, status right or
attachment upon a registered land which shall be filed in the Registry of Deeds which the land lies and to
contain reference to the number of certificate of title.
 A restraining order, injunction or mandamus issued by the court shall be entered and registered on the
certificate of title affected, free of charge.
o Provided under Rule 57 Sec 1 of the Rules of Court
Entered before the entry of judgment for the purpose of the following causes of action
a) In an action to recover possession of property unjustly or fraudulently taken, detained, or converted
which shall property has been concealed, removed, disposed of to prevent being found or taken by the
applicant or an authorized person
b) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the
obligation upon which the action is brought, or in the performance thereof
c) In an action against a party who has removed or disposed of his property, or is about to do so, with intent
to defraud his creditors
Preliminary attachment can be applied for the purpose of securing the interest of the person, victim of
fraudulent manipulation.
o May be done ex parte before the defendant is summoned by the court since the phrase at the
commencement of the action refers to the date of the filing of complaint or before the summons is
served for him to answer.
o The ROD must make an attachment filed under the section in the name of the applicant, the adverse
party or the person by whom the property is held in whose name stands on record (but with proper
identification or number relative that it would be considered an encumbrance on the attached property)
If property has been subjected to a lot of equitable interest on different parties, who should be given
preference in the treatment? Jurisprudence speaks first to register rule applies on attachment. An attachment to
be discharged upon giving a counter bond on the ground that the same was improperly or irregularly issued or
enforced or that the attachment bond is sufficient to discharge said attachment.
 Once the charge, the property is free from any encumbrances and is not liable for the result of the
proceeding in which it was attached.
Section 70. Adverse claim.
When can this be annotated as an involuntary land registration proceeding?
 Whoever claims any part or interest in registered land adverse to the registered owner, arising
subsequent to the date of the original registration, may, if no other provision is made in this Decree for
registering the same, make a statement in writing setting forth fully his alleged right or interest, and how
or under whom acquired, a reference to the number of the certificate of title of the registered owner, the
name of the registered owner, and a description of the land in which the right or interest is claimed.
 Effective as an adverse claim for 30 days and may be cancelled upon filing of a verified petition at the
party whose interest has been affected.
 Purpose: preserve and protect the right of an adverse claimant during the pendency of the controversy
o Notice to 3rd parties but does not interrupt the right of possession. It is designed to protect the
interest of a person over a piece of property
2 parts of adverse claim:
a) Registration
b) Petition for Cancellation of such claim before the court
Some adverse claims that are not registered: Claims based on acquisitive prescription of the claimant
(because one's titled, the property is imprescriptible)
Title properties cannot entertain on the principle of acquisitive prescription.
CLAIMS ON PRIOR LIENS BEFORE THE LAND HAS BEEN TITLED
Not raised during the land registration proceedings are considered waive
CLAIMS to forestall the transfer of property to the vendee when the sale was already registered – considered
as an annotated claim
Legal effect of adverse claim when annotated?
 It is a constructive notice of an existing claim over the property. (Adverse claim is not an automatic way of
dispossessing or transferring property because the law mandates that the adverse claimant should file a
formal case to dispossess or claim his ownership rights)
o The court, once the petition is filed to cancel the adverse claim because it was fivulous, fictitious, it has
no legal basis, and the court upon hearing on the said petition may cancel the said adverse claim
 Requisites of adverse claim
a) Must be in writing
b) Must allege the rights of the interest and how under whom such allege right or interest has required, the
description of the land, and the number of the title (statement must be signed and sworn to before the
notary public
c) Must be sent through the residence of the owner of said title
Non–compliance - may be a ground for non - registration by the Registry of Deeds because Sec. 70 requires
this so.
Section 71. Surrender of certificate in involuntary dealings.
 For the purpose of formalities, the adverse claimant may petition the court or the ROD to communicate to
the holder of said title for the surrender in order for this adverse claim may be annotated in his owner's
duplicate certificate of title
o Provided as a matter of procedure under Sec. 71
If by initiative of the Registry of Deeds, the holder of the title would not heed to the request of the Registry of
Deeds, what should the adverse claimant do? Must exercise the provision of Sec. 71 by filing a petition for
specific performance to surrender the owner's duplicate of title.
 RTC would have that power to do so.
Section 72. Dissolution, etc. of attachments, etc.
 May be denied by the Registy of Deeds any attachment thereof when the title of the property is not in the
name of the judgment debtor but in another person's name and no evidence that such adverse claimant
has no interest in the property.
Section 73. Registration of orders of court, etc.
 Should be registered in the said title
Section 74. Enforcement of liens on registered land.
 Under the National Tax Reform Law, there could be a sale in your property if you do not pay taxes.
 Tax Delinquency Proceedings – this could be annotated at the instance of any treasury office who may
undertake delinquency proceedings to non–payment of real property tax.
Section 75. Application for new certificate upon expiration of redemption period.
 When sold on execution for the enforcement of the lien except mortgage which has not yet been relieved
and the purchase may petition the court for an issuance of a new title in his favor.
o Compliance of mortgages that there should always be foreclosure proceedings, otherwise it becomes
pactum commissorium which is considered void ab initio and it could not be a basis for transfer.
Section 76. Notice of lis pendens.
 There is a proceeding relative to the property which is pending in a court.
o May serve as a notice that any transferee may to do so at their peril and subject their result in the
litigation
o Putting the court into the same power until the litigation is over.
 In this particular involuntary dealings, annotation to the copy of the holder of said title is not
necessary.
4 actions which could be appropriate with a notice of lis pendens:
a) Action to recover possession of real estate
b) Action to quiet title
c) Action to remove clouds
d) Action for partition and any further proceedings affecting the title to the land and use an occupation
thereof or any building thereof.
As a matter of general principle, lis pendens cannot be cancelled if the case is still pending, except in cases
provided by law upon:
a) Lawful order of the court
b) Action of the Registry of Deeds
c) Action of a party who caused the registration of lis pendens.
CHAPTER VI
REGISTRATION OF JUDGMENTS; ORDERS; PARTITIONS
Principles on Partition or Judgment
Section 78. Judgment for Plaintiff.
 Whenever in any action to recover possession or ownership of real estate or any interest therein affecting
registered land judgment is entered for the plaintiff, such judgment shall be entitled to registration on
presentation of a certificate of the entry thereof from the clerk of court where the action is pending to the
Register of Deeds for the province or city where the land lies, who shall enter a memorandum upon the
certificate of title of the land to which such judgment relates.
 If only a portion of the land was subject to particular court procieedings, the clerk of court shall contain the
description of that portion involve and that would only be the one covered by such annotation
 If whole property and the judgment was adversed to the holder, then a new title may be issued as provided
under Sec. 78, 79, and 80. and the old one is to be cancelled upon the order of the court.
Section 81. Judgment of partition.
 Order of separation, division, and assignment of the thing held in common among those to whom they
belong.
  It may be real or personal property, putting an end of its division among the co-heirs may either be in a
form of a compromise agreement or any other form of transaction
 This partition may be done judicially or extrajudicially which is recommended under our rules (as
recommended)
Section 82. Registration of prior registered mortgaged or lease on partitioned property.
 Must be carried over because it remains to be a lien to the property that was made the object of security
for future payment of a document of promissory note.
 Co–heirs must be binded by what the original owner may have undertaken because this mortgages would
always be carried over to nay portion of property in which co-heirs may claim.
Section 83. Notice of insolvency. and settlement
 Considered by law as a proceedings in rem which is binding upon the whole world.
Section 84. Judgment or order vacating insolvency proceedings.
 Must be a certified copy of the judgment or order that must be registered.
Section 85. Land taken by eminent domain.
Eminent domain – private land which was taken by the government for public use upon payment of just
compensation
o Limitation of the state power (just compensation)
o Ruling of the court would be recorded in the Registry of Deeds and likewise in the title
o Title would be replaced by the Republic of the Philippines.
Section 86. Extrajudicial settlement of estate.
Covers a 2 year lien. This lien would go to any debts that should be payable to any party who may be
reiterated (not included in the partition by among the interested parties)
o Most important creditor? The state because on the inheritance taxes.
Section 87. Filing of letters of administration and will.
Will cannot be enforced unless probated
Executor must be duly given letters of an approval of being an executor
o If there is no assigned person, the letters of administration would be necessary in order that this
particular partition may be undertaken by the parties.
Section 88. Dealings by administering subject to court approval.
Section 89. Land devised to executor.
Section 90. When executor empowered by will to sell, etc.
Section 91. Transfer in anticipation of final distribution.
Section 92. Registration of final distribution of estate.
All sales, encumbrances, or any other encumbrance of the state of the decedent shall be approved by the
court and must be registered with the ROD under Sec. 4 of Rule 90 of the ROC provided that the certified
copy of the final order and judgment of the court relating to real state or the partition thereof shall be
recorded in the ROD where the property is located.
LTD Lesson 19 (Repeated Lecture)
Attachment – writ order or process issued by the Court intended to create, preserve any lien, status. right, or
attachment on registered land and it is required that other issues like TRO, injunction, and mandamus issued by
the court shall be entered and registered in the certificate itself - which is free of charge.
What is attachment? legal process of seizing another property in accordance with the writ or judicial order for
the purpose of securing satisfaction of a judgment yet to be render.
 Used primarily to seize the debtor's property in order to secure the debt or claim of a creditor in event that
a judgment be rendered.
Ground in filing involuntary registration on the title?
Sec. 1 of Rule 57 of Rules of Court
 At any time before commencement of any action, a plaintiff or any proper party may have the property of
the adverse party attached as security for the satisfaction of any judgment that may be recovered in the
following cases:
(a) In an action to recover the possession of property unjustly or fraudulently taken, detained or
converted, when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its
being found or taken by the applicant or an authorized person;
(b) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the
obligation upon which the action is brought, or in the performance thereof;
(c) In an action against a party who has removed or disposed of his property, or is about to do so, with
intent to defraud his creditors; or
What should a party do? File a petition for preliminary attachment which could be granted ex parte before the
defendant is summoned since may be validly applied for or granted before the commencement of action or at
the commencement of the action refers to the date of filing of the complaint before summon is served.
 The Registry of Deeds must have an index attachment filed under this section in the name of the applicant,
the adverse party, or the person by whom the property is stands on record. The proper identification of the
land so that attachment levied on real estate not duly recorded in the Registry of Deeds is not an
encumbrance of the attached property.
 Jurisprudence: register rule applies.
o Attachment can be discharged upon giving a counter bond or on ground on the same was improperly or
irregularly issued enforced or that the attachment bond is insufficient. Once discharged, the property is
free from any encumbrances thereof and is not liable for the result of the proceedings which it was
attached.
Section 70.
Filing of an adverse claim? if your client has a valid claim of interest in any registered land, may make a sworn
statement in a form of an affidavit fully alleging his right or interest and how and under whom acquired to that
matter.
 Purpose: preserve and protect the right of the adverse claimaint during the pendency of the controversy.
o Serve as a notice of 3rd party but it does not interrupt the right of possession. It is designed to protect
the interest of a person over a piece of property.
2 parts of an adverse claim:
a) Filing of registration
 b) Petition for each discharge
When adverse claim is denied by the Registry of Deeds?
a) If the claim of property interest is based upon acquisitive prescription
b) Prior possession of more than 30 years
What should the adverse party do? Should file for its cancellation because that once the land is titled,
prescription would not lie as a cause of action. Because the titled property cannot be acquired anymore by
prescription.
When the allegation and affidavit alleges acquisitive prescription on the part of the adverse claimant, the
lawyer should file petition for cancellation of adverse claim.
Claims on lien prior to the issuance of original certificate of title
 If this claims or liens is already litigated already in the issuance of an original certificate of title, that cannot
be revived by mere filing of an adverse claim
 Because it is already settled issuing the original certificate of title.
This adverse claim is purely to forestall the transfer of property to the vendee which the sale has already
been previously registered.
What is the legal effect of adverse claim when annotated?
 It serve as a contractive notice of subsisting claim on the property
o Mere annotation does not mean automatic claim or validity of claim of said property because it can
be cancelled by the Court.
Grounds in order that the adverse claim be cancelled
 Raise that it is purely frivolous or fictitious so that adverse claim is not permanent or to continue to remain.
o Can be cancelled unilaterally.
Requisites of adverse claim
a) Must be subscribed and sworn in the form of affidavit
b) Must be fully described the land in which the land is claimed
c) Number of tax transfer certificate of title
d) Should be in his name and disclose of his residence of the adverse party to whom he is giving notice.
Non – compliance to the requirements renders the adverse claim non – regisitable or not effective.
DISSOLUTION OF ANY ATTACHMENT OR ANY ANNOTATIONS THEREOF
 If adverse claim not in the name of the described property and in whose name it was registered, if not in
congruence with each other, the solutions may be undertaken by the court.
DISSOLUTION
Registry of Deeds relative to the execution of tax delinquency.
o When you do not pay your taxes, the treasurer of the city/municipality/province may undertake public
auction on the delinquency of taxes being a real property owner.
 Could be annotated in the title and it would serve as a valid transfer to others relative to the said title
and a new certificate as provided under Sec. 75 after sale on execution on that particular property, it
can be transferred to others.
NOTICE OF LIS PENDENS
Lis pendens – pending resolution before the court.
 Notice of Lis pendens is a notice that any transferee do so at their peril subject to the result of the
litigation.
o The court is also put on the same power until the litigation is over.
o In involuntary proceedings, it need not be inscribed or annotated in the owner's duplicate certificate of
title.
Notice of lis pendens is appropriate only to the following cases:
a) Action to recover possession of real property
b) Action to quiet title
c) Action to remove clouds
d) Action for partition
Any proceeding affecting title to the land or use or occupation thereof on that matter.
Lis pendens cannot be cancelled while the case in pending except in cases provided forth by law.
o And that is only with order by the court and upon action of the Registry of Deeds or (exception to the
exception) when it was the registrant who withdraw the same.
CHAPTER VI
REGISTRATION OF JUDGMENTS; ORDERS; PARTITIONS
Sec. 78-80
 provisions on a judgment for the plaintiff in an action to recover possession or ownership affecting
registered land shall be entitled for registration upon presentation of the certification of final entry of
judgment form the clerk of court and furnishing the register of deeds who shall enter into the
memorandum upon a certificate of title covering the subject property described in the decision.
 If only a portion of the land described in the certificate is affected, the certificate of the clerk of court shall
contain the description of that portion involved.
 Registration to judgment is important for the 3rd person to know the status affecting the land per
judgment.
NOTE: despite notice of ROD to have this annotation be entered in the owner's certificate of title, if not
surrendered, the party may petition the court to specific performance to the holder of the title in order for him
to surrender to the ROD for its annotation in the memorandum.
 If it is a ruling for the recovery of possession of ownership to the whole of the registerd land, a new
certificate of title may be issued and the old one may be cancelled in accordance to the judgment of the
court.
Section 81. Judgment of partition.
 Order of separation division and assignment of a thing held in common among those to whom it may
belong, it may be real or personal property and it is a way of putting the state to end in its in division.
 o A right among co-heirs which wither be in a form of compromise agreement or only in a form of a
transaction
There are 2 kinds of partition: extrajudicial (one that which it is enties by the law or court to co - owners)
 If the co-heirs cannot go on its acceptable terms, the court would come in to partition to property in
accordance with the law.
o It is always better if this co-heirs would be able to come up in a compromise agreement.
Section 82. Registration of prior registered mortgaged or lease on partitioned property.
 If the property subject for partition has been mortgaged before or under a lease contract, would that
subsist even if the parties would now divide the party among themselves? Yes. That would still subsist
because it still remains to be a lien on the whole of the property.
o Must be carried over to the property subject of partition
Section 83. Notice of insolvency. and settlement
 Insolvency and settlement of the sudden state are both proceedings in rem which is binding to the whole
world.
o All are equally bound in the said proceedings.
Section 84. Judgment or order vacating insolvency proceedings.
 Judgment or order vacating insolvency proceedings, it should be certified by the judgment or the order
may be registered.
Section 85. Land taken by eminent domain.
 Involuntary dealings with the police power of the state.
 Ruling or judgment when expropriated must be annotated in the title and voluntary surrender may not be
necessary anymore because it may be cancelled.
Section 86. Extrajudicial settlement of estate.
 If the parties come into an agreement, the law mandates under the rules to always establish a 2 year lien
on that agreement
 Lien – to protect those that has not been included as compulsory heirs.
What if the property has a lot of indebtedness?
 There should be first an action for administration where executor would be assigned by the court to see to
it that all indebtedness has to be settled first and the residue would only be considered to be shared in a
form of partition by among the heirs.
o No will would be validated by the court and binding in accordance to that either holographic or notarial
will without payment of all of its indebtedness first.
Sections 88 – 92
 All sales encumbrances, mortgages of the decedent shall all be approved by the court and shall be
registered in the ROD under Sec 4 of Rule 90 of the rules of court which provides that certified copy of final
order and judgment of court relating to real state or the partition thereof shall be recorded in the ROD
where the property is located.
LTD Lesson 20
Assurance Fund – fund where the law set aside from every title holder, 1/4 of 1% of the assessed value of the
titled property the moment it would register it to the ROD
 1/4 of th1 1% of the current assessed value of the property that was titled that which this amount is set
aside for the purpose of building up of a pulled resources with the national treasury.
Why is there a need to build up a pulled resources of 1/4 of 1% of the assessed value of all titled land holders?
 Purpose: to fund any legitimate claim of any legitimate owner that was deprived of their right because of
the principles on Torrens system in our country.
Principle of indefeasibility of title:
 Despite the fraudulent title that was issued out of this misrepresentation and is transferred to an honest
purchaser in good faith and for value, the legitimate owner would be deprived of such claim. (because the
principle of Torrens System protects the interest of legitimate purchaser in good faith and for value.
 What would happen to their legitimate rights? Claims against the assurance fund.
How would we now raise funds for this payment to properties deprived because of our Torrens System? Sec.
93
Section 93. Contribution to Assurance Fund.
 Claims over titled land coming or as a result of fraud or error, a person who is not the owner acquires title
over the property, compensation is addressed not as a matter of legal remedy to the assurance fund.
 How to raise such funds? Every order of titled property contributes 1/4 of 1% of the total assessed value of
the current assessed value of every titled property based on the last assessment and pulled together on
the account of the national treasury of our Government.
 Who would take custody of the funds? The Registry of Deeds will take custody.
NOTE: The assurance fund was not intended to block any right which a person might have against another for
the loss of the land. This damages or compensatory claims against the assurance fund should not be charged
against such fund when it could still be recovered against a person who caused the fraud.
Purpose of the fund: relieve an innocent person from the harshness of our Torrens System that a certificate of
title is conclusive evidence of an indefeasible title to the land.
 Innocent purchasers in good faith acquires title from the prior owner who fraudulently acquired it and the
Torrens System protects the right of an innocent purchaser in good faith and for value that could deprive the
legitimate owner form claiming back his property because of the principle of our Torrens System.
 What would be the recourse? Would be the claim against the assurance fund.
 Who handles this fund? Sec. 95
Section 95. Action for compensation from funds.
 Purpose and the rationale of this raising of the assurance fund.
o Any person who sustains loss or damage or is deprived of any state or interest in land in consequence of
the Torrens System without negligence on his part may bring an action for recovery of compensation or
damages paid by the assurance fund provided that the following requisites must be strictly established:
a) That the claimant sustains loss or damage or is deprived of any state or interest of his land
 b) On account of brining the land under operation of the Torrens System arising from the original
registration proceedings. (property has been titled and all issues were raised and the court has ruled
it out in favor of the petitioning party - all claims were settled as one except the fact that the person
who was the owner was not able to prove his case because of some technicalities)
o What technicality that he was deprived with? Sec. 96
c) Section 96 of PD 1529
Section 96. Against whom action filed.
 Thru fraud, error, omission, mistake, or misdeclaration or misdiscription in the certificate of title or entry in
the memorandum in the registration book and it covers likewise by mortgages that was cancelled or
mistake, or fraud, negligence, omission, mistake or misfeasance of court personnel, ROD, or his deputy or
other its employees
 Because of this mistake, it has gone to the purchaser in good faith and for value who relied merely on what
was described in the title. (You have to file for claim for compensation of damages against the assurance
fund)
 Cancellation of the lien on mortgages committed by the Registry of Deeds, any court personnel through
fraud, negligence, omission, mistake or misfeasance
d) There should be no negligence of the part of the petitioner against the assurance fund.
o You should prove that you have not been negligent on establishing your right
e) That he is barred from bringing an action for the recovery of such land or state or interest therein by
virtue of the principle of Torrens System
However, jurisprudence, when there is no deprivation of the land or interest, if the person petitioning against the
assurance fund is proving not to be the lawful owner of the land, then the petition to claim for compensation
would be denied.
What if the assurance fund has run out of their pulled resources, it could still be answerable by the national
treasurer on that matter? Remember Sec. 100
Section 100. Register of Deeds as party in interest.
 Any payment made by the national treasurer goes with it the principle of subrogation (just like in an
insurance company)
 If they pay damages out of the coverage of the insurance, the company is put on the interest or rights of
the insured party where they could claim that against to the party who caused the damage.
o The right into the issues of the claimant would be the vested right of the national treasury (could seek
reimbursement of what they had paid to the petitioners.
Section 101. Losses not recoverable.
 The Assurance Fund shall not be liable for any loss, damage or deprivation caused or occasioned by a
breach of trust, whether express, implied or constructive or by any mistake in the resurveyed or
subdivision of registered land resulting in the expansion of area in the certificate of title.
Who is the party who makes representation? it is the trustee (because in a trust agreement, the trustor
entrusted the properties to the trustee and the trustee is given an obligation by law or by contract (express) to
give the benefit later to the beneficiary.)
Any transfer of any property that was acquired through its nullity of acquisition or void contract, the holder
of the property is merely considered a party (implied – provided by law)
If there is a trust agreement and there was some loss or damage and deprivation caused on the occasion on
the breach of trust by the trustee, the assurance fund should not be made liable.
o If there is a trustor trustee relationship, this relationship of deprivation of one's title would not be an
object of a claim against the assurance fund.
Section 102. Limitation of Action.
 Up to when should the claim of the assurance fund be feasible? Claims should be done within 6 years from
the time the right of action accrues.
o If there is any written contract, it would be considered within the 10 year prescription period provided in
the Civil Code.
Lesson 21
Registration of Land that were acquired by Government either by power of eminent domain – under agrarian
reform program, the urban land reform program, and as well as the powers exercied by the Government in
eminent domain.
Private lands are taken for public use and the title now would be transferred to the Government part of its
one among the 3 powers of any government, which are the power of taxation, police power, and the power
of eminent domain.
CHAPTER VIII
REGISTRATION OF PATENTS
Krivenko Ruling or Principle – that all lands in the Philippines is considered to be owner by the State except
when the State itself through the Torrens System excludes that to be a part of the property of the State.
Public Land Acquisition
 So called legalization, administrative legalization of free patents (issuance by the state of the so called the
free patents - based on the principle of long possession of that portion of public property utilized for
agricultural purposes or residential purposes.
 Free legalization and issuance of free patents ended up this December 2020 and it’s up now for the House of
Congress to extend these provision on legalization of free patents.
2 principles on acquisitive prescription
 10 year period and the 30 year period (learned in Public Land Law or on Law on Natural Resources that the
applicant should file his application with the DENR and prove some documents to prove that he has been in
an actual, physical, uninterrupted possession either in good faith or bad faith within the 10 year or the 30
year period.)
o If he has undertaken that to the exclusion of others, then that would be a vested right upon him to file an
application with the DENR for this free legalization under a claim of ownership based on prescription.
 The moment the property is titled on one's name, it cannot be acquired through prescription.
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. It shall be the duty of the official issuing the
instrument of alienation, grant, patent or conveyance in behalf of the Government to cause such instrument
to be filed with the Register of Deeds of the province or city where the land lies, and to be there registered
like 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. The deed, grant, patent or instrument of
conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but
shall operate only as a contract between the Government and the grantee and as evidence of authority to
the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect
and convey the land, and in all cases under this Decree, registration shall be made in the office of the
Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the
grantee. 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.
Premise here that it is the Government who was the prior owner, under the Krivenki Ruling, all lands that are
not registered are presumed to be public lands.
If your title is a free patent title, what is the legal presumption? it is considered to be owned by the State
and granted to you as a mere grantee under the public land law and those other laws appertaining to land
redistribution under our agrarian reform law program, urban land reform program, and the execution of the
power of eminent domain,
In this provisions, it is the State is the prior owner. (If you apply for a free patent title, you are admitting itself
that this property whom you are applying has been owned by the State as a public land.
If it is a forest or mineral land, no matter how long you have stay thereat with any purpose like turning to
into an agricultural land that will not suffice to be a grantee of this free patent title.
This term of alienated or granted or conveyed is a way of transferring ownership not documents of lease,
transferring mere possession. This directs the issuance of the grantee and the owner's duplicate certificate of
title. After due registration and issuance of certificate of title, the land shall be deemed registered land for all
intents and purposes under the property registration decree (PD 1529)
In the case of Lajora v Dayang-Hirang where disposable public land patent like homestead, sale, or free
patent, the patent is recorded and the corresponding certificate of title is issued to the grantee thereafter
the land is automatically brought under the operation of property registration decree to all the safeguards of
veritable Torrens Title.
o Upon expiration of 1 year of the issuance of Torrens Title, the certificate of title should be irrevocable
and indefeasible like any other certificate of title issued under the PD 1529.
o It would appear as if as it is considered to be a land registration proceedings under the law.
NOTE: in the case of Los Angeles v Santos, the RD of the DENR thru its Land Management Bureau Division has
exclusive jurisdiction and control only over lands of public domain and not to lands already of private ownership.
Commonwealth Act 141 (Public Land Act)
 Has long been amended
 1919, Act 926 was superseded by Act 2874, the 2nd public land act. The new law was passed under the
Jones Law.
 Exisiting because it iwas enacted on November 7, 1936
 In this particular Act, public lands alienated to private persons under this law are now brought under the
Torrens System under our country and reintroduce again and adopted by PD 1529
How would you differentiate this PD 1529 from the Public Land Act?
1) Under PD 1529, there exist already a title which is to be confirmed by the Court, while the CA 141, the
presumption is always that the land applied for pertains to the State and that the occupants and possessor
claims and interest only in the same by virtue of their imperfect tile (acquisitive prescription)
o Basis: of his continuous, open, notorious, and uninterrupted possession over a land for this 10 and 30
year period of time.
o NOTE: under this law, it is now the DENR that has the full control of the implementation of the public
land act.
2) Under PD 1529, the Court may dismiss the application of the applicant with or without prejudice to the
right to file a new application for the registration of the same land, while under CA 141, the Court has
jurisdiction or power to adjudicate land in favor of any conflicting claimants
 Confirmation of imperfect tile goes along 2 jurisdiction:
a. Under registration Court where it is filed in the original registration procedure or proceeding
b. Under the Public Land Law.
3) Under PD 1529, the only risk that an applicant runs to have his application denied, under CA 141 the
application runs risk losing the land applied for because it would be converted into a public land.
4) While the goal of which the 2 laws finally arrive is the same, namely a Torrens Title which aims to complete
extinguishment, that once and for all of a right adverse to the record of the title, one law contains certain
advantage not found in other law. The similarity certain disadvantage the 2 laws provide different routes to
travel to reach the ultimate goal.
 If one is denied in the public land law provision on transfer of property, could that person a case before
the original land registration under our PD 1529? YES.
Public land act applies only to lands under public land.
 It is provided therein that the Secretary of DENR is the executive officer charged with carrying out with
the provisions of the Act through the Director of Lands who acts under his immediate control.
 Subject to the control of the Secretary of DENR, the Director of Lands shall have executive control of the
survey, classification, lease, sale or any other form of concession or disposition and management of the
lands of the public domain, and his decisions as to the questions of fact shall be conclusive when
approved by the Secretary of DENR.
 Land Management Bureau under EO 192 has been tasked for this purpose.
Functions of Land Management Bureau
a) Recommend policies and programs for the efficient and effective administration, surveys, management
and disposition of alienable and disposable lands of the public domain and other lands outside the
responsibilities of other government agencies; such as reclaimed areas and other areas not needed for or
are not being utilized for the purposes for which they have been established.
b) Advise the Regional Offices on the efficient and effective implementation of policies, programs and
projects for more effective public land management
c) Assist in the monitoring and evaluation of land surveys, management and disposition of lands to ensure
efficiency and effectiveness thereof
 d) Issue standards, guidelines, regulations and orders to enforce policies for the maximization of land use
and development
e) Develop operating standards and procedures to enhance the Bureau’s objectives and functions
f) Assist the Secretary of Executive Officer charged with carrying out the provisions of CA 141, who shall
have direct executive control of the survey, classification, lease, sale, or any other forms of concession or
disposition and management of the lands of the public domain
g) Perform other functions as may be assigned by the Secretary and/or provided by law
Down the line under DENR AO 20-05/30/1988
 The PENRO or CENRO undertakes issuance on certification of alienability.
 Before your application is processed accordingly, the CENRO or PENRO that undertakes the termination
whether the land you applied is alienable, disposable public land.
o CA 141, no public land can be acquired except by grant of the State.
DIFFERENT MODES OF DISPOSITON UNDER CA 141
a) Homestead Settlement
b) Miscellaneous Sales
c) By Lease - public land which cannot be acquired by ownership because they may be not alienable.
d) Confirmation of Imperfect of Incomplete Title (by judicial legalization - original application for a title, or by
adversative legalization for a free patent which just ended this month of December 2020.
Land for residential, commercial, and industrial purposes are now embodied with the definition of alienable,
disposable land.
Lands reclaimed by the Government cannot be acquired for lease purposes.
LESSON 22
CA 141
 Premise on land registration to properties owned by the State can be transferred provided they belong to
the category of alienable and disposable public land.
 The moment that the public land in the classification of alienable and disposable land, it cannot be
transferred to any person by virtue of the strict provision of our Constitution.
 Most important: determine whether the land that which you are working allegedly with vested right of
another, under the principle of acquisitive prescription must always be an alienable disposable public land.
o Only land where it could be transferred to a qualified individual.
Only alienable disposable public lands may be the subject of land disposition to any qualified applicant for
such grant.
 Only those land should be declared open for disposition or concession which have been officially delimited
and classified and when practicable survey and which has not been reserved for public or quasi-public use,
nor appropriated by the Government nor in any manner become private property nor those on which a
private right authorized and recognized by the act or any valid law may be claimed or which having been
reserved or appropriated have ben ceased to be solved.
 In the absence of such classification the land remains as unclassified land until it is released therefrom and
rendered open for disposition. In any occupation thereof in the concept of an owner, no matter how long
cannot ripen into ownership and be register.
PUBLIC LAND DISPOSITION:
a) Homestead Settlement
b) Miscellaneous Sales
c) By Lease – public land which cannot be acquired by ownership because they may be not alienable.
d) Confirmation of Imperfect of Incomplete Title (by judicial legalization - original application for a title, or by
administrative legalization for a free patent which just ended this month of December 2020.
Alienation or disposition or concession means that any of the methods authorized by the act, for the
acquisition, lease, use or benefit of the lands of the public land other than timber and mineral lands.
TYPE OF PUBLIC LAND DISPOSITION
1) HOMESTEAD SETTLEMENT
 One of the most by which public lands suitable for agricultural purposes and disposed of.
 Object: provide a home for a citizen of the State where its families may shelter and live beyond the reach
of financial misfortune and to inculcate individuals those feelings of independence which are essential to
the maintenance of free institution.
Chapter 4 of the Public Land Act governs this position of alienable public lands through homestead.
 Requirement before you can avail? MUST BE PROVEN FIRST
a) Any citizen of the Philippines over the age of 18 or a head of the family may enter a homestrad of not
exceeding 12 hectares of agricultural land
b) Must have cultivated and improved his 1/5 of the 12 hectares applied for continuously since the
approval of the application
c) Resided for at least 1 year in the municipality in which the land is located or in a municipality adjacent
to the same
d) Payment of the required fee shall be entitled to the party.
2) SALES PATENT (MISCELLANEOUS SALES)
 Acquisition of public agricultural land may purchase and governed under Chapter 5
 Qualifications:
a) Any citizen of the Philippines of lawful head or head of the family may purchase any tract of public
agricultural land not exceeding 12 hectares which are sold through sealed biddings
b) Land shall be awarded to the highest bidder but the applicant may equal the highest bid
c) Purchase price may be paid full upon making of the award for in not more than 10 equal annual
installment from the date of the award
d) Purchaser should not have less than 1/5 of the land cultivated within 5 years from the date of the award
e) He must show actual occupancy cultivation and improvement of at least 1/5 of teh land until the date of
final payment
f) Approval of the said application merely authorizes the applicant to take possession of the land so that he
could comply with the requirements prescribed by law before a final patent should be issued in his favor.
Disposed a condition that you cannot be given a homestead or sale without complying these 3 conditions
(actual occupancy and cultivation of at least 1/5 of the land)
3) LANDS FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL PURPOSES
 Disposition of lands in public domain which are intended for residential, commercial, or industiral purposes
is governed under Section 9.
  Specific lands which could be utilized for acquisition? Lands reclaimed by Government by means of filling
or other means.
o Typical example? Mandaue Port and Cebu Port
4) DIRECT SALE OF LANDS OF RESIDENTIAL PURPOSES
 Lands within military reservations likewise that is no longer needed for military purposes.
o Typical example? Ormoc City (property of the military)
5) LANDS FOR EDUCATION, CHARITABLE AND OTHER SIMILAR PURPOSES
6) FREE PATENT
7) SPECIAL PATENT
 A patent to grant, cede, and convey full ownership of alienable and disposable lands formerly covered by a
reservation of lands of the public domain.
 IMPORTANT: grant by law of a property of the Republic for full ownership of the grantee while the
classification of the land is not at all decisive in such description since the special law or act of Congress or
Executive Order may classify the subject land differently.
What is operative to the conveyance of title to any public land would be the registration of patent when already
approved by the Director of the DENR thru the Land Management Bureau
ACTION TO RECOVER, REVERSION, AND CANCELLATION? it is only initiated by the office of the SG.
NOTE: there is a five year moratorium of transfer of lands that was issued with titles.
 Prohibits alienation or encumbrance of parcels of lands acquired under free patent or homestead within 5
years from grant of such matter.
o Needs approval of the secretary when you would be transferring but it is purely directory
Section 119. Postage exemption.
 Any conveyance of land acquired under free patent when proper shall be subject to repurchase by the
applicant, his widow, or legal heirs within a period of 5 years within the period of conveyance.
o Repurchased would be barred from prescription.
Lesson 23
CHAPTER IX
CERTIFICATE OF LAND TRANSFER, EMANCIPATION PATENT, AFFIDAVIT OF NON-TENANCY
Issuance of CLOA – Certificate of Land Transfer to bona fide tenants as issued by the DAR
What is the basis for agrarian reform program?
Section 104. Provisional Register of Documents
 The Department of Agrarian Reform shall prepare by automate data processing a special registry book to
be known as the "Provisional Register of Documents issued under PD-27" which shall be kept and
maintained in every Registry of Deeds throughout the country. Said Registry Book shall be a register of:
a) All Certificates of Land Transfer (CLT) issued pursuant to P.D. No. 27; and
b) All subsequent transactions affecting Certificates of Land Transfer such as adjustments, transfer,
duplication and cancellations of erroneous Certificates of Land Transfer.
Section 105. Certificates of Land Transfer Emancipation Patents.
 The Department of Agrarian reform shall pursuant to P.D. No. 27 issue in duplicate, a Certificate of Land
Transfer for every land brought under "Operation Land Transfer", the original of which shall be kept by the
tenant-farmer and the duplicate, in the Registry of Deeds.
 After the tenant-farmer shall have fully complied with the requirements for a grant of title under P.D. No.
27, an Emancipation Patent which may cover previously titled or untitled property shall be issued by the
Department of Agrarian Reform.
 The Register of Deeds shall complete the entries on the aforementioned Emancipation Patent and shall
assign an original certificate of title number in case of unregistered land, and in case of registered property,
shall issue the corresponding transfer certificate of title without requiring the surrender of the owner's
duplicate of the title to be canceled.
 In case of death of the grantee, the Department of Agrarian Reform shall determine his heirs or successors-
in-interest and shall notify the Register of Deeds accordingly.
 If land owner would not surrender his title by virtue of the implementation of teh agrarian reform law, the
DAR will issue a title, and the ROD would cancel the prior certificate of title of the registered owner.
o This presupposes that the land has been covered under this compulsory land distribution by virtue of PD
27 where it was declared by Pres. Marcos that all rice and corn lands to be under Land Distribution to
more than the limits provided forth by law upon children and land owners.
 In case of death of the grantee, the Department of Agrarian Reform shall determine his heirs or successors-
in-interest and shall notify the Register of Deeds accordingly.
 In case of subsequent transfer of property covered by an Emancipation Patent or a Certificate of Title
emanating from an Emancipation Patent, the Register of Deeds shall affect the transfer only upon receipt
of the supporting papers from the Department of Agrarian Reform.
 No fee, premium, of tax of any kind shall be charged or imposed in connection with the issuance of an
original Emancipation Patent and for the registration or related documents.
PD 27 (during Martial Law Days issued by President Marcos), at present, this concept of land distribution
compulsory land registration of agriculutral lands to people has been founded under the new law (CARP Law)
 Main purpose of this agrarian land reform program is to emancipate tenants for the bondage of the soil
that it is founded on 1 basic principle under our law. The slogan the land for the landless which before
implemented by President Marcos
o This slogan undertaken by our Prior President Magsaysay where Mindanao was the subject for the
implementation of the public land law.
 Based upon the wordings of the Constitution under Sec 4 thereof where it provides that the State shall by
law undertake an agrarian reform program funded on the right of farmers and regular farmworkers who
are landless to own directly or collectively the lands they till or in case of other farmworkers to receive a
just share of the fruits thereof. TO this end, the state shall encourage and undertake the just distribution of
all agricultural lands subject to such priorities and reasonable retention limits as congress may prescribe.
o Taking into account, ecological developmental equity and consideration subject to the payment of just
compensation.
o In determining retention limits, the state shall respect the right of small landowners and the state shall
further provide incentives for voluntary land sharing.
 RA 3844 (Prior Agrarian Reform Laws), congress has passed this old law of agricultural land reform. During
the presidency of Diosdado Macapagal
o Implemented to that of Pres. Marcos under PD 27 on 10/21/1972
Corazon Aquino who later succeeded the overthrow of President Marcos likewise became interested in
pursuing the program of the Government of Land Distribution and this was enacted on 7/17/1987 under EO
228 declaring full land ownership in favor of beneficiaries under PD 27 and providing for valuation of still and
valued land covered by the decree as well as manner of payment.
Followed again by Proclamation 131 instituting CARP under CARP under EO 229 providing the mechanics for
its implementation.
Article 14 Sec 12 of 1973 Constitution and reiterated under Art 8 Sec 4 of 1987 Constitution
SECTION 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and
regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake
the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the
Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to
the payment of just compensation. In determining retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for voluntary land-sharing.
o Exercise of Government by Eminent Domain
Agricultural lands which should be subdivided for the landless has been put under the strong power of the
State under Eminent Domain.
Under PD 27, it laid down a system for the purchase of small farmers of lands they are tilling.
o While it is being cased and condemned by the state, the state pays the owner of just compensation in the
form of cash or LBP bonds. but the beneficiary are required for the value of the property where the state
pays the land owner for just compensation where this land is condemned.
PD 27 - 10/21/1972, decreeing the emancipation of tenants for the bondage of the soil transferring of the
ownership of the land they till and it was implemented all over the country.
o Because of this drastic move under PD 27 and CARP Law, it was raised as an issue relative the
constitutionality or validity of the PD and CARP.
 the court said that this was a valid exercise of police power and eminent domain (a revolutionary kind
of expropriation)
Salient feature of RA 6657 as amended by RA 9700 dated 8/7/2009
Coverage of lands to be under CARP Law.
 Regardless of tenurial arrangement and commodity produce, all private and public agricultural lands
provided under Proclamation No. 131 of EO 229 including lands of public domain suitable for agricultural.
However, land holdings of land owners with total area of 5 hectares or below shall not be covered for
acquisition and distribution to qualified beneficiaries.
 More specifically, the following lands are covered:
a) All alienable and disposable lands of public domain devoted to agriculture. No reclassification of forest or
mere agricultural lands shall be undertaken after the approval of the act until congress taken into
account the ecological, developmental and equitable consideration shall be determined by law the
specific lands of the public domain
b) All lands of public domain excess of its specific limits as determined by congress
c) All other lands owned by the government suitable for agricultural
d) All private lands devoted to or suitable for agricultural regardless of agricultural products raised or that
can be raised thereon
Land previously converted by Government agency to non-agricultural land prior to the effectivity of RA 6657 are
outside the coverage
Exemptions and exclusions
 Sec. 10 of RA 6657 as amended by RA 7881 dated 2/20/1995 exempted or exclude the following from the
CARP
1) Lands actually directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish
sanctuary, and breeding grounds, watersheds, and mangroves
2) Private lands actually directly and exclusively used for prawn farms and fish ponds provided that said
prawn farms and fish pond have not been distributed and a certificate of land ownership to an agrarian
reform beneficiary under the CARP subject further to the condition prescribed in the law.
3) Land actually directly and exclusively sued and found to be necessary for:
a) National defense, or training grounds of the AFP, school sites and campuses including experimental
farm stationed operated by private or public schools for educational purposes, seed and seedling
research and pilot production center
b) Churches, sites and convents appurtenant thereto, Mosque sites and Islamic Centers appurtenant
thereto, communal burial grounds and cemeteries
c) Penal colonies and penal farms actually work by the inmates
d) Government and private research and quarantine centers
e) All lands with 18% slope and over except those already developed.
BENEFECIARIES
Beneficiaries to these programs of land distribution on agricultural lands shall be distributed as much as possible
to landless residents of the same barangay or in the absence thereof, landless residents of the same municipality
in the following order of priority:
a) Agricultural leases and share tenants
b) Regular farmworkers
c) Seasonal farmworkers
d) Other farmworkers
e) Actual tillers or occupants of public lands
f) Collectives or cooperative of above beneficiaries
g) Others directly working on the land
 Children of landowners who are qualified under Sec. 6 of the act shall be given preference in the distribution
of land of their parents however actual tenant tillers should not be rejected or removed therefrom.
o If the owner has lot of children, he has the right for retention limits up to 3 hectares each, and the
landowner would have 5 hectares each but while it may be true they may be exempt from land
distribution program, their present tenants or land laborers cannot be ejected for reason of that right.
 Retention limits always make the basic issue of litigation.
RETENTION LIMITS
 Except as otherwise provided by the act, no person may own or retain directly or indirectly any public or
private agricultural land the size of which shall vary according to factors governing a viable family size farm
 such as commodity, produce, terrain, infrastructure, and soil fertility to be determined by the provincial
agricultural reform council but no case shall retention of the landowner exceed 5 hectares, 3 hectares may
be awarded to each child of the land owner subject to the following qualification:
a) He is at least 15 years of age and
b) He is actually tilling the land directly managing the farm
CARP this provision of law on retention limits is so clear that it is within the bracket of 5 hectares for
landowners and 3 hectares each child provided they will personally till the land that which has been retained
by them.
 Landowners whose land has been covered by PD 27 shall be allowed to keep the areas originally retain by
them thereunder the right to choose the area to be retained which shall be compact and contigious shall
pertain to the land owner. In case the area selected for retention by the landowner is tenanted, the tenant
shall have the option to retain, remain therein, or be a beneficiary in the same or another agricutlural land
which similar or comparable features.
 In case the tenant chooses to remain in the retained area, he shall be considered a lease holder and shall
loose his right to be a beneficiary under his act.
 In case the tenant chooses to be beneficiary to another agricultural land, he loses his right to be a lease
holder of the land retained by the landowner. The tenant must exercise his option within the period of 1 year
from the time the landowner manifest his choice of the area for retention.
 By way of exception the retention limits, the city or LGU acquiring private agricultural lands by expropriation
or other modes of acquisition to be used for actual, direct, and exclusive public purposes such as roads or
bridges, public market, school site, recreational sites, local government facilities, public parks and barangay,
plazas and squares consistent with the approval of local comprehensive land use shall not be subject to the 5
hectare retention limit.
 LGU has preference to the exercise of eminent domain for public purpose.
DISPOSITION OR SALE OF RETAINED LAND BY LANDOWNER
 The sale or disposition of agricultural lands retained by landowner shall be valid as long as the total
landholding that shall be owned by the transferee thereof inclusive of the land to be acquired shall not
exceed land holding ceilings provided in this act
 Any sale, disposition of agricultural lands after effectivity of the act found to be contrary to the provisions
thereof shall be null and void.
 Transferee of agricultural lands shall furnish the appropriate ROD and the BARC an affidavit attesting that
his total landholdings as a result of the acquisition if the said acquisition do not exceed the landholding
ceiling.
o Landholding ceiling – goes into the limits provided forth by law (not more than 5 hectares)
o Homestead patent law – the law allows 12 hectares but then the agrarian reform law 5 hectares.
 Beneficiaries shall be awarded an area not exceeding 3 hectares, which may cover a contiguous tract of
land or several parcels of land cumulated up to the prescribed award limits. The determination of the size
of the land for distribution shall consider crop type, soil type, weather patterns and other pertinent
variables of factors which are deemed critical for the success of the beneficiaries.
DETERMINATION OF JUST COMPENSATION
 The cost of acquisition of the land, the value of the standing crop, the current power of like properties, its
nature, actual use and income, the sworn valuation by the owner, the tax declaration, the assessment
made by the government assessors, and 70% of the zonal valuation of teh BIR, translated to a basic formula
by the SAR shall be considered, subject to the final decision of teh proper court. the social and economic
benefits.. (page 580)
 Who normally be considered as the financial backer in the implementation of payment of just
compensation?
o The Land Bank of the Philippines shall compensate the landowner in such amounts as may be agreed
upon the landowner and the DAR and the LBP, in accordance to the criteria provided in Section 16 and
17, and other pertinent provisions hereof, or as may be finally determined by the court, as just
compensation of the land.
 If landowner believes that the valuation of his land was unfair and unjust because our Constitution says
that no private land shall be taken for any public use in the implementation of the agrarian reform program
seems inequitable
o What should you do? File a case before the court for determination of just compensation
o Q; is it your right? YES OF COURSE.
MANNER OF PAYMENT BY BENEFECIARIES
 Lands awarded shall be paid for by the beneficiaries of the LBP in 30 annual amortizations at 6 percent (6%)
interest per annum. The payment for the first three (3) years after the award may be at reduced amounts
as established by the PARC. The first five annual payments may not be more than 5 percent (5%) of the
value of the gross annual production as established by the DAR. Should the scheduled annual payments
after the fifth year exceed 10% of the annual gross production and failure to produce accordingly is not due
to the beneficiaries fault, the LBP may reduce the interest rate or reduce the principal obligations to make
repayment affordable
In the principle of transferability of awarded lands covered by emancipation patent and CLOA, lands acquired
by beneficiary under this act or their agrarian reform law should not be sold, transferred, or conveyed except
thru hereditary succession or to the Government to the LBP or to other land beneficiaries under the DAR
within the period of 10 years. However the children or the spouse shall have a right to repurchase the land
from the government by the LBP within the period of 2 years.
It is transferrable to any 3rd party bit thru hereditary succession unless it has gone 10 years form the
awarding or issuance of the CLOA or EP at the instance of the DAR.
Lesson 24
Registration of Land that are imposed by private and public land for agricultural land distribution under the
CARL.
Transferability of Awards of Agricultural Lands
 Awarded lands to agricultural beneficiaries would only be transferred through hereditary succession
 And has also the right to repurchase if it has been transferred validly to others within a period of 2 years by
the heirs for its repurchase
 If not yet fully paid by the beneficiaries, the rights to be land can be transferred or conveyed with prior
approval of the DAR to any heir of the beneficiary or any other beneficiary who has a condition for such
transfer or conveyance shall cultivate himself or herself personally
 Failing to comply therewith, the land shall be transferred to the LBP which shall give due notice of the
availability of the land in the manner specified in the preceding paragraph
  Ownership of lands granted to tenant farmers under PD 27 may not be transferred or conveyed to any 3rd
parties except by hereditary succession or the Government
 Sales or transfer of land made in violation of PD 27 and EO 228 in favor of persons other than the
Government are null and void. The title of the land awarded must indicate that it is an emancipation patent
or a certificate of land ownership otherwise it may be called as CLOA and subsequent transfer of title must
indicate that it is an emancipation patent or a CLOA (Certificate of Land Ownership Award)
Voluntary Land Transfer
 Land owners of agricultural land subject to acquisition may enter into voluntary arrangement of direct
transfer of the lands to qualified beneficiaries subject to the guidelines set by the law.
 It need not be through coercive process of the law but the land owner is willing enough to part that land to
agricultural beneficiaries.
Benefits of this Voluntary Land Transfer
 Direct payment in cash or the kind made by the farmer beneficiary to the land owner under the terms to
be mutually agreed upon by both parties which shall be binding upon them shall be considered given
unless due notice of this approval is received by the farmer beneficiary within 30 days from the date of
registration.
 In the event that they do not agree of the price of the land, the procedure for compulsory acquisition as
provided under Sec. 16 of CARP Law shall apply. The LBP shall extend financing to the beneficiaries for
purposes of acquiring the land.
o Within the landowner and the beneficiary or the tenant of the said land that which would now transfer of
the land by and among themselves.
Priorities for land distribution under the CARP
 Who normally initiate this? It is the DAR in coordination with the Provincial Agrarian Reform Council
(PARC) shall plan and program the final acquisition and distribution of all remaining unacquired or
undistributed agricultural lands from the effectivity until 6/30/2013 of the CARP Law but was extended
under the CARL Law.
What are those to be given priority for land conversion?
 After the lapse of 5 years from the award, where the land ceased to be economically feasible and sound for
agricultural purposes or the locality has been urbanized and the land will have a greater economic value for
residential, commercial, or industrial purposes.
 The DARAB application of the beneficiary with due notice of the affected parties shall subject the existing
laws may authorized shall subject the landowner with due notice to affected parties and subject to existing
laws may authorized the reclassification or conversion of land and its disposition provided by the
beneficiary shall have fully paid the obligation.
 This lands that were awarded may be reclassified now to become residential, commerical, or industrial
purposes
What other scheme is available under the law?
 LGU may reclassify the lands under the Municipalities ZOning Ordinance.
o Zoning meaning? LGU and Cities are required to submit to the DILG to submit their municipal or city
zoning ordinance
NOTE: free registration of patents and titles, all register deeds shall register free from payment of all other fees
and charges any patent titles and documents required in the implementation of the CARP Law
Comprehensive Agrarian Reform Program
 Only agricultural lands are subject to the CARP
 What are those lands? They are those that are private or public lands that are alienable, disposable public
lands. It cannot apply to mineral and forest lands
o Presuppose that this land is purely suitable for agricultural purposes
Agrarian Reform – redistribution of lands regardless of crops or fruits produced to farmers and regular
farmworkers who are landless, irrespective of tenurial arrangement to include the totality of factors and
support services designed to life the economic status of the beneficiary and all other arrangement alternative
to the physical redistribution of lands.
Scope: Only agricultural lands are subject to agrarian reform coverage
Agricultural Land – land devoted to agricultural activity as defined in this act and not classified as mineral,
forest, residential, commercial, or industrial land
Agricultural Activity - cultivation of the soil, planting of crops, growing of fruit trees, raising of live stocks,
poultry or fish including the harvesting of such farm products and other forms of agricultural or farm
activities undertaken by a farmer
Land converted to non – agricultural uses like subdivisions already prior to the effective of the Agrarian
Reform Law?
o In the case of Natalia, it was ruled out by the SC that this would not be covered by this agrarian reform law.
What others cannot be covered?
a) Farm used by raising livestock, swine, and poultry
b) Agricultural lands classified by LGU into residential, commercial, or industrial uses under their zoning
ordinance.
c) Lands used for academic or educational purposes
d) Homestead
NOTE: Under the Homestead Law or the Public Land Law, the coverage there of the homestead grant may go to
12 hectares. But under the CARP Law, 5 hectares to landowners and 3 hectares to the heirs’ of the land owner.
 Homestead Patent could it be covered under the Agrarian Reform Law to reduce its ownership? NO.
Because Homestead Patents are excluded from the coverage of the CARP Law.
Jurisdiction of the DAR
Under Sec. 4 of EO 129 - A, DAR Jurisdiction cover these areas:
a) Adjudication of all matters involving implementation of agrarian reform
b) Resolution of agrarian conflicts and land tenure related problems
c) Approval or disapproval or conversion restructuring or readjustment of agricultural lands into residential,
commercial, and industrial and other non - agricultural uses
NOTE: anybody who may be outside the jurisdiction of the DAR may petition for acts and praying for the
exclusion of their landholding from agrarian coverage.
o This is part of the powers of the DAR relative implementation of the CARP Law.
Was this reiterated in the new law? Yes. Under Sec. 22 of the New CARL Law enumerates who are qualified
beneficiaries, this involves the administrative implementation of the program reiterating the secretary of the
DAR may identify and select qualified beneficiaries in the determination shall be inferred from the Courts unless
there is a clear showing of grave abuse of discretion.
All controversies on the implementation of the CARP and the CARL Law is exclusively under the jurisdiction of
the DAR.
All doubt shall be resolved in favor of the DAR since the law was granted its special and original authority to
hear and adjudicate agrarian matters.
Reclassification and Conversion
 If a petitioner would like to exempt his property from the coverage of the CARL, he has to file a petition
with the Office of the DAR. (It should be the DAR that has the power and the quasi – judicial powers to
adjudicate agrarian reform matters.
EO 229 which took effect on 8/29/1987 which provides for mechanism for the implementation of the CARP
Law.
 Section of the Said Law clearly provides the quasi – judicial power of the DAR.
 The DAR is hereby vested with quasi – judicial powers to determine and adjudicate agrarian reform matters
and shall have exclusive original jurisdiction over all matters involving implementation of agrarian reform
except those falling under the exclusive jurisdiction of the DENR, DA.
 The decision of the DAR may in proper cases be appealed to the RTC but shall be immediately executory
not withstanding such appeal
 The DAR Jurisdiction is sustained in the passage of RA 6657 (Comprehensive Agrarian Reform Law which
took effect on 6/15/1986)
 All therefor, agrarian dispute shall always be covered as with respect to implementation of the CARP in
land distribution is actually the primary jurisdiction of teh DAR.
What others should you consider? The cancellation of titles under the jurisdiction with the DAR Secretary.
 Under Sec. 24 of RA 6657, all cases involving cancellation of registered emancipation patent, CLOA
(Certificate of Land Ownership Award), and other titles issued under the agrarian reform program are with
the exclusive and original jurisdiction of the Secretary of DAR.
As a Special Law, Could the Court Restraining Order relative to the implementation of this law? NO. It is only
the SC that can issue a restraining order and below the line from the CA up to the Municipal or RTC has no
jurisdiction to issue any restraining order or writ or preliminary injunction against the provincial agrarian
reform council (PARC)
The DAR or any of its duly authorized or designated agencies in any case, relative dispute or controversy
arising or necessary to or in connection to the application and implementation and enforcement or
interpretation of this CARL is exclusive to the DAR.
Proceedings of the DAR are summary in nature and the Department is not bound to the technical rules and
evidence when they would resolve the dispute of agrarian law relative to the implementation of the agrarian
reform law
Any decision, award or ruling of the DAR or any agrarian dispute on any matter pertaining to the application,
implementatio, enforcement or interpretation to the act and reltaed issuances of agrarian reform may be
brought by the CA by certiorari within 15 days from receipt of the copy thereof.
We have also another quasi - judicial body which we called DARAB
 DAR thru its adjudication arm, the DARAB, and the regional and provincial adjudication board exercised
quasi - judicial functions and jurisdiction of all matters pertaining to agrarian disputes or controversies and
the implementation of the agrarian reform laws. This has been brought under the DARAB revised rules and
procedures which has the primary and exclusive jurisdiction over original and appellate to determine the
adjudication or agrarian dispute involving implementation of the CARP Law.
DARAB Jurisdiction
 Cannot be deemed to disappear the moment the certificate of title is issued for such certificates are not
mode of transfer of property but merely as an evidence of such transfer. There can be no valid transfer of
title should the CLOA on which it is based on null and void. The same holds thru in the case of a certificate
of title issued by virtue of the void, emancipation patient. The DARAB has jurisdiction over cases involving
correction, partition, cancellation, 2nd and subsequent issuances of CLOAs and EP which are registered
under the PD 1529.
 The doctrine of preliminary jurisdiction precludes the courts from resolving a controversy over which
jurisdiction has initially been lodged with the administrative body of special competence like the DARAB or
the DAR.
Specific Details of the Jurisdicton of the DARAB.
The DARAB has jurisdiction where there is tenant relationships between the parties
In order for a tenancy agreement to take place over the dispute, it is essential that the following requisites or
elements are present:
a) That the parties are the land owner and the tenant or agricultural lessee that
b) Subject matter of the relationship is an agricultural land
c) There is consent between the parties to the relationship that the purpose of the relationship is to bring
about agricultural production that there is personal cultivation on the part of the tenant on the agricultural
lessee.
d) That the harvest is shared between the land owner and the tenant or agricultural lessee.
When there is a complaint filed in court, and issue of tenancy is raised, what should the court? The court
should refer the case immediately to the DAR.
How would you consider the distinction of the jurisdiction of the DAR and DARAB?
o Prior to the registration of Register of Deeds, cases involving issuance report or cancellation of CLOAs or
the EP are with end the jurisdiction of the DAR.
o Cases involving the issuance correction and cancellation of CLOA or EP which have been registered to the
Register of Deeds are with and now the jurisdiction of the DAR,
The DAR Secretary is vested with the administrative authority to collect and recall CLOAs issued under Sec.
24 of RA 6657. He has the authority to approve and release CLOAs pursuant to the corresponding transfer
certificate of title.
If you consider the existing law before the title is released by the Register of Deeds or is still on the process, it
is the DAR that has the jurisdiction to cancel or recall the said title.
 If it is registered, it would presuppose that it would not considered the jurisdiction of the DARAB.
Termination of just compensation
 The SC shall designate at least a branch of the RTC within its province to act as special agrarian judge
 The Court may designate more branches to constitute additional RTC which shall be having a special
jurisdiction for that matter
What is the jurisdiction of these RTC which are considered as special agrarian courts?
 All petitions for the termination of just compensation
 The prosecution of all criminal offenses violating RA 6657
The Rules of Court shall apply to all types of proceedings because it provides a criminal prosecution.
APPEALS
 Appeals of the special agrarian reform court shall be taken for review with the CA within 15 days from the
receiver of notice of decision.
 There is distinctive features between EP under PD 27 and the implementation of RA 6657
 In the operation land transfer covers tenanted rice and corn lands. It is within emancipation patents under
the law
PD 27 grants its tenant of covered land a 5 hectare lot or each case of land if irrigated and 3 hectare land
constituting a family size farm
o However, said law allows covered land owners to retain to retain more than 7 hectares of his land if he is
aggregate land holding does not exceed 24 hectares. Otherwise the entire land holding is considered to it
without him being entitled to any retention rights.
o Consequently, a land owner may keep his entire property landholding if its aggregate land does not
exceed the retention limit of 7 hectares. In effect, his land will not be covered by the OLT Program
although requisites of coverage were present.
LOI on these aspect under PD 27
 LOI under 474 clarified the effective coverage of operation land transfer to include tenanted other
agricultural land of more than 7 hectares. The tem others agricultural refers to lands other than the
tenanted rice or corn lands from the landowner derives adequate income to support his family.
 In PD 1527, it brought into the provision of exemption from this coverage. Exception from coverage of the
operation land transfer under PD 27, land is not devoted to rice and corn crops even if it is tenanted.
o Land is untenanted even though it is devoted to rice and corn crops.
 Because of this, the land owner may have right of retention under RA 6657. Land must be devoted to rice
or corn, there must be a system of shared crops and lease tenancy obtaining therefrom and the size of the
land holding must not exceed 24 hectares or it could be more than 24 hectares provided at least 7 hectares
thereof are covered land and more than 7 hectares consists of other agricultural lands.
 Rights of retention under PD 27 are provided under RA 6657. All rights acquired by tenant farmer under PD
27 has been recognized under EO 228 are retained by him even now under RA 6657. This should
counterbalance the express provision of Sec. 6 of said law.
 In case of area selected by the landowner or awarded for the retention of the DAR is tenanted, the tenant
has 2 options:
a) To remain as a lessee if it could be within the retention limits.
b) Be a beneficiary to same or another agricultural land with similar and comparable features.
WAIVER
 If under Sec 7 of the DAR AO No. 5, the following acts constitutes waiver of the landowners right of rention
a) Executing an affidavit or any other document duly attested by the MARO, PARO, or RD
b) Signing of landowners production agreement and farmers undertaking
c) Application for purchase and farmers undertaking for that matter
d) Entering into voluntary land transfer or direct payment scheme or any agreement as evidence of the deed
of transfer offering the subject landholding under voluntary scheme
e) Signing submission of other documents indicating consent to have his entire property cover such form
f) Performing acts which constitute estoppel and laches and doing such acts that would amount to a valid
waiver in accordance with applicable laws and jurisprudence.
Policy or ancestral lands (Public Land Law) is protected likewise to indigenous people. The CARP ensures the
protection of rights of these indigenous people as with respect to their ancestral land to ensure their
economic, social, and cultural well-being system
o It must be therefore be respected on that matter.
o Undertakes also these right of indigenous people
Lesson 26
CHAPTER X
PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION
Section 107. Surrender of withhold duplicate certificates.
 Authorizes the court to order for the submission of the original certificate of title on cases of specific
performance when these defendant refuses to surrender the title for a valid transfer of title for a valid
transfer of title
 Principle of land registration that titles would only be one that must exist in the hands of a legitimate owner
thereof.
 When there is a ruling of the court that in deed this title must be surrendered or cancelled with the Registy
of Deeds, the answer is Sec. 107
Section 108. Amendment and alteration of certificates.
 Once a title has been issued, No erasure, alteration, or amendment shall be made upon the registration
book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same
be Register of Deeds, except by order of the proper Court of First Instance.
o It must be an omission or error in entering into the certificate or any memorandum and the registered
interest of any description, whether vested contingent or expectant to in quite appearing to the
certificate have been terminated or erased that a new interest have been terminated or erased that new
interest that appearing upon certificate have arisen or has been created.
o You have to prove this on the Court.
 All these must be founded on 1 common purpose: to correct any error on that matter.
Section 109. Notice and replacement of lost duplicate certificate.
 It can only be legally feasible upon filing of a petition of registered owner of other persons in interest for
that matter for the issuance of certificate of title that was lost or destroyed.
 Take into an account that this should be based on legal grounds relative to loss of said title.
MOST IMPORTANT THING FOR A LAYWER: issue an affidavit of los to be inscribed into the records of Registry of
Deeds (1st thing)
o Civil Code: there should be an element of effort to retrieve or find the lost item
 Allege in the affidavit that despite efforts to be the same, the same was in vain.
Certificate of title that was lost must always proceed to a proceeding in rem
 There must always be a publication but now it could already be considered mere posting by the sheriff in
conceptual places to the land where the barangay where the land is situated (no need for expensive
payment for publication)
o Notice should be made to the office of the SG
Section 110. Reconstitution of lost or destroyed original of Torrens title.
 When it is now the copy of the ROD that was lost and destroyed
 Original copies of certificate of title lost or destroyed in the office of the ROD. It is not on the possession of
the owners on that matter
Distinguish:
a) If it is an owner's duplicate certificate of title, the procedure would be Sec. 109
b) If it would be the copy that is lost in the office of the ROD, the procedure would be Sec. 110
o 110 provides for judicial proceeding for reconstitution of lost or destroyed title.
RECONSTITUTION DENOTES RESTORATION OF THE LOST TITLE IN ITS ORIGINAL FORM AND CONDITION
 The reconstitution of a certificate of title denotes the restoration in its original form and condition of a lost
or destroyed original or transfer certificate of title on file in the office of the Register of Deeds.
o Purpose is to have the title reproduced in exactly the same way it was at the time of its loss or
destruction.
 Exception to this procedure under RA 26 in relation to Sec. 110, it is RA 6732
o 7/17/1989, RA 6732 allowed administrative type of reconstitution of title. The act here, this exception is:
“An act allowing administrative reconstitution of original copies of certificates of titles lost or destroyed
due to fire, flood, and other force majure, amending for the purpose section 110 of PD 1527 and RA 26.
o Sec. 110 and RA 26 mandates all judicial proceeding and the exception now which was enacted to amend
such procedure is RA 6732 which only was enacted and approved on 7/17/1989
BASIS FOR THE PETITION IS BASED ON THE FOLLOWING DOCUMENTS:
a) The owner’s duplicate of certificate of title
b) The co – owner’s mortgagee’s, or lessee’s duplicate of the certificate of title
c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian
thereof
d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the
original certificate of title was issued
e) A document, on file in the registry of deeds, by which the property, the description of which is given n said
document, is mortgaged, lease or encumbered, or an authenticated copy of said document showing that its
original had been registered
f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting
the lost or destroyed certificate of title.
Only judicial except when it falls into the exception laid down in the administrative reconstitution
Where will you file your reconstitution of title? If will now fall into the exceptions laid down on the new law,
o If it is administrative, it is with the LRA or ROD
o If the rest, it must be filed before the court
If it is filed before the court, what would be the contents of the petition?
a) That the owner’s duplicate of the certificate of title had been lost or destroyed
b) That no co – owner’s mortgagee’s, or lessee’s duplicate of the certificate had been issued, or, if any had
been issued, the same had been lost or destroyed
c) The location, area and boundaries of the property
d) The nature and description of the building or improvements, if any, which do not belong to the owner of
the land, and the names and addresses of the owners of such buildings or improvements
e) The names and addresses of the occupant or persons in possession of the property, of the owners of the
adjoining properties and all persons who may have any interest in the property
f) A detailed description of the encumbrances, if any, affecting the property
g) A statement that no deeds or other instruments affecting the property have been presented for
registration, or, if there be any, the registration thereof has not been accomplished, yet.
Being a judicial reconstitution under RA 26 and under PD 1529, it is considered an action in rem because it is
an action in rem, it requires publication before the official gazette, the posting and mailing jurisdiction
(important requirement and it is mandatory)
Notices must be considered to adjoining owners and it must be part of the jurisdiction on which the lawyer
needs to prove before they present. It is a special proceeding that the proof of compliance must be made
before the evidence proper is presented.
IMPORTANT DECISIONS IN THE SC:
o Where the reconstituted title is nullity, the order of reconstitution may attack at any time
o Where there exist a previously issued title which is allegedly fraudulent the remedy is to first directly assail
the validity of said title before the proper court and not in a form of reconstitution
o Reconstitution is improper where purported sources are dubious
o Petitioner not without remedy where petition is denied
o Reconstitution can only be feasible if it would be the petitioner himself who would be the petitioner in this
lost or destroyed title.
o Petition for reconstitution may be barred on laches
o Writ of possession is not proper in reconstitution proceedings
o IMPORTANT: COURTS CAUTIONED TO BE CAREFUL IN GRANTING PETITION FOR RECONSTITUTION
SUMMARY OF PRINCIPLES IN RECONSTITUTION PROCEEDINGS
a) A Torrens title can be cancelled only in a proceeding directly attacking the title’s validity before the proper
regional trial court. This is the bedrock principle that provides enduring stability of Torrens title.
b) A Reconstitution of Torrens title, whether judicial or administrative, cannot proceed once it is shown that
another Torrens Title has already been issued to another person over the same property. The
reconstituting body or court has no jurisdiction to issue another Torrens Title over the same property of
the petitioner. The existence of a prior title ipso facto nullifies the reconstitution proceedings. The proper
recourse is to assail directly in a proceeding before the regional trial court the validity of the Torrens Title
already issued to the other person.
 c) The reconstituting officer or court has no jurisdiction to decide the issue of ownership over the property or
the validity of the title. The purpose of reconstitution is solely to replace a certificate of title that was lost
or destroyed in the same legal status it existed at the time of loss or destruction. The validity of the Torrens
title, reconstituted or not, is a separate issue from the reconstitution of title.
d) The absence of any document, private of official, mentioning the number of the certificate of title and the
date when the certificate of title was issued, does not warrant the granting of a petition for reconstitution.
e) The absence of opposition form government agencies is of no controlling significance because the State
cannot be estopped by the omission, mistake, or error of the officials or agents. Neither is the Republic
barred from assailing the decision granting the petition for reconstitution if, on the basis of the law and the
evidence on record, such petition has no merit.
CHAPTER XII
FORMS USED IN LAND REGISTRATION AND CONVEYANCING
Section 112. Forms in conveyancing.
 All forms of registrable documents or instruments whether it would be registered or unregistered land
should be in a form of public instrument and it should be registrable
CHAPTER XIII
DEALINGS WITH UNREGISTERED LANDS (pure tax declaration and no titles)
Section 113. Recording of instruments relating to unregistered lands.
 NOTE: recording, registration of said document
o Purpose of registration affecting unregistered land covered by an unrecorded contract may be valid and
binding on the parties themselves, but no on third parties. In case of third parties, it is necessary for the
contract to be registered.
Recordings shall be without prejudice to a third party with better right
o The mere registration of sale in one’s favor does not give him any right over the land if the vendor was not
anymore the owner of the land having previously sold the same to somebody else even if the earlier sale
was unrecorded.
o Article 1608 of the New Civil Code states that “The vendor may bring his action against every possessor
whose right is derived from the vendee, even if in the second contract no mention should have been
made of the right to repurchase, without prejudice to the provisions of the Mortgage Law and the Land
Registration Law with respect to third persons.”
CHAPTER XIV
REGISTRATION OF CHATTEL MORTGAGES
Section 114. Recording of chattel mortgages.
 A chattel mortgage shall be recorded in the office of the Register of Deeds of the province or city where the
mortgagor resides as well as where the property is situated or ordinarily kept.
o There should be a primary entry book of registration as required in Sec. 115
Section 115. Manner of recording chattel mortgages.
 If there is a chattel mortgage that was entered, the same shall also be recorded with the LRA as provided
under the law.
Section 116. Fees for chattel mortgages, etc.
CHAPTER XV
CONSULTAS
When is there a consulta?
 It is as if a reconsideration on the denial of the register of deeds
 Recourse: file a petition for consulta to somehow reconsider the decision of the Register of Deeds as
provided under Sec. 117
 5 days after filing, you have to raise that to the LRA
 When you believe that the grounds is invalid, frivolous or intended to harass then you would note that you
have to raise that on consulta
o Decision of the LRA could be appealed by the CA not in a certiorari but on Rule 43 of Rules of Court.
REPUBLIC ACT 4726
AN ACT TO DEFINE CONDOMINIUM, ESTABLISH REQUIREMENTS FOR ITS CRITERION, AND GOVERN ITS
INCIDENTS
Sec. 2
 When you speak of condominium. it is a high rise building with a common lot but with several units that
are part with that building
 You may have a condominium title to that particular portion of the building only but would only be
considered as co-owners to common areas like staircase, playground, garage to mention.
Section 5.
 Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include
the transfer or conveyance of the undivided interests in the common areas or, in a proper case, the
membership or shareholdings in the condominium corporation: Provided, however, That where the
common areas in the condominium project are owned by the owners of separate units as co-owners
thereof, no condominium unit therein shall be conveyed or transferred to persons other than Filipino
citizens, or corporations at least sixty percent of the capital stock of which belong to Filipino citizens,
except in cases of hereditary succession. Where the common areas in a condominium project are held by a
corporation, no transfer or conveyance of a unit shall be valid if the concomitant transfer of the
appurtenant membership or stockholding in the corporation will cause the alien interest in such
corporation to exceed the limits imposed by existing laws.
Can foreigners have a chance to own Philippine real estate through purchase of condominium unit? YES.
Annotated lien on a condominium unit not subject to extrajudicial foreclosure sans special authority.
(because it is a common ownership among all)
PD 957
REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS, PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
As with respect to the protection of condominium buyers
IMPORTANT DEFINITION OF TERMS:
o (e) Subdivision lot. "Subdivision lot" shall mean any of the lots, whether residential, commercial, industrial,
or recreational, in a subdivision project.
o (g) Condominium project. "Condominium project" shall mean the entire parcel of real property divided or
to be divided primarily for residential purposes into condominium units, including all structures thereon.
o (h) Condominium unit. "Condominium unit" shall mean a part of the condominium project intended for any
type of independent use or ownership, including one or more rooms or spaces located in one or more
floors (or part of parts of floors) in a building or buildings and such accessories as may be appended
thereto.
o (i) Owner. "Owner" shall refer to the registered owner of the land subject of a subdivision or a
condominium project.