LAND TITLES AND DEEDS

(PD No. 1529)

Justice Oswaldo D. Agcaoili

COURSE OUTLINE (I)

NOTE: Based on Agcaoili, “Property Registration Decree and Related Laws (Land Titles and
Deeds”, 2018 Ed. Grading components: Class standing – recitations, quizzes and attendance:
25%; Mid-term exam: 35%; Final exam: 40%. Students should always be ready to report - for
class discussion and analysis - relevant provisions of laws, statutes, governing principles and
illustrative cases.

Chapter I
General Provisions

1. Nature of registration proceedings

a. Governing law – PD No. 1529 (Property Registration Decree)
b. Purpose of registration
c. Advantages of the Torrens system of registration
2. Jurisdiction
a. Regional trial courts have jurisdiction over applications for registration
b. But first level courts have delegated jurisdiction where:
i. Lot is not the subject of controversy or opposition, or
ii. Where contested, the value thereof does not exceed P100,000.00
3. The Regalian doctrine – all lands and all other natural resources are owned by the State
a. Sec. 2, Art. XII, Constitution
b. Doctrine does not negate “native title”
4. PD 892 - Spanish titles no longer used as evidence of ownership
5. Cases/Statutes
 Republic v. Heirs of Sin, GR No. 157485, March 26, 2014.
 Republic v. Remnan Enterprises, Inc., GR No. 199310, Feb. 19, 2014
 Republic v. Sta. Ana, GR No. 233578, March 15, 2021
 Cueno v. Bautista, GR No. 246445, March 2, 2021
 Republic v. Asuncion, GR No. 200772, Feb 17, 2021
 Valiao v. Republic, GR No. 170757, Nov. 28, 2011
 Palanca v. Republic, GR No. 151312, Aug. 30, 2006
 Sec. of DENR v. Yap, GR No. 167707, Oct. 8, 2008
 Cruz v. Sec. of DENR, GR No. 135385, Dec. 6, 2000
 Republic v. Naguiat, GR No. 134209, Jan. 24, 2006
 Ligon v. Court of Appeals, GR No. 107751, June 1, 1995
 Intestate Estate of Don Mariano San Pedro v. Court of Appeals, GR No. 103727,
Dec. 1, 1996

Chapter II
The Land Registration Commission and
Its Registries of Deeds

1. Land Registration Authority

a. Functions of Administrator
2. Office of the Register of Deeds
a. Registration in public registry is notice to the whole world
b. Duty of Register of Deeds to register instruments is ministerial
c. Exceptions
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d. Consulta
3. Cases/Statutes
 Abrigo v. De Vera, GRT No. 154409, June 21, 2004
 Guaranteed Homes v. Valdez, GR No. 171531, Jan. 30, 2009
 Baranda v. Gustilo, GR No. 81153, Sept. 26,1988
 Alfonso v. Office of the President, GR No. 150091, April 2, 2007
 Naawan Community Rural Bank v. CA, GR No. 128573, Jan. 13, 2003.

Chapter III
ORIGINAL REGISTRATION
Ordinary Registration Proceedings

A. Applications

(A) Registration under PD No.1529 (Property Registration Decree)

1. Registration under Sec. 14(1), PD No. 1529 – “Those who by themselves or through their
predecessors-in-interest have been in open, continuous, exclusive and notorious
possession and occupation of alienable and disposable lands of the public domain under a
bona fide claim of ownership since June 12, 1945, or earlier.”
a. Requisites
i. Applicant must be a Filipino citizen;
ii. Land is agricultural, already classified as alienable and disposable land (A
and D) at the time the application is filed;
iii. Applicant, by himself through his predecessors-in-interest, has been in
open, continuous, exclusive and notorious possession and occupation
thereof (OCENPO), in the concept of owner);
iv. Since June 12, 1945.
2. Registration under Sec. 14(2) – “Those who have acquired ownership of private lands by
prescription under the provisions of existing laws.”
a. Requisites
i. Land must be patrimonial or private in character
ii. Possession must be for 10 years (in good faith) or 30 years (regardless of
good faith)
3. Registration under Sec. 14(3) – “Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion under the existing laws.”
a. Abandoned river beds belong to the owners whose lands are occupied by the new
course in proportion to the area lost. (Art. 461, Civil Code)
b. To the owners of lands adjoining the banks of rivers belong the accretion which
they gradually receive from the effects of the current of the waters. (Art. 457,
Civil Code)
4. Registration under Sec. 14(4) – “Those who have acquired ownership of land in any other
manner provided for by law.”
5. Private corporations are disqualified from acquiring alienable and disposable lands of the
public domain.
6. But a corporation sole is qualified to apply for registration
7. Cases/Statutes
 Malabanan v. Republic, GR No. 179987, April 29, 2009; Resolution on motion
for reconsideration, Sept. 3, 2013
 Dumo v. Republic, GR No. 218269, June 6, 2018
 Republic v. Alejandre, GR No. 217336, Oct. 17, 2018
 Republic v. Fabio, GR No. 159589, Dec. 23, 2008
 Republic v. T.A.N. Properties, Inc., GR No. 154953, June 26, 2008
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 Republic v. Jabson, GR No. 200223, June 6, 2018

 Republic v. Remnan Enterprises, Inc., GR No. 199310, Feb. 19, 2014
 Republic v. Joson, GR No. 163767, March 10, 2014
 Republic v. Rovency Realty, GR No. 190817, Jan. 10, 2018
 Republic v. Cabrera, GR No. 218418, Nov. 8, 2017
 Leonidas v. Vargas, 201031, Dec. 14, 2017
 Republic v. Nicolas, GR No. 181435, Oct. 2, 2017
 Republic v. Sese, GR No. 185092, June 4, 2014
 La Tondeña, Inc. v. Republic, GR No. 194617, Aug. 5, 2015
 Republic v. Sogod Development Corp., GR No. 175760, Feb. 1, 2016
 City Mayor v. Ebio, GR No. 178411, June 23, 2010
 Republic v. CA and Republic Real Estate Corporation, GR No.103882, Nov. 25,
1998
 Republic v. East Silverlane Realty Development Corporation, GR No. 186961,
Feb. 20, 2012
 International Hardwood v. University of the Philippines, GR No.52518, Aug. 13,
1991
 Republic v. Go, GR No. 197297, Aug. 2, 2017
 RA No. 10023, March 9, 2010 (Act Authorizing the Issuance of Free
Patents to Residential Lands)

(B) Registration Under CA No. 141 (Public Land Act)

1. Sec. 48 (b), CA No. 141 – The following may apply: “(b) Those who by themselves or
through their predecessors in interest have been in open, continuous, exclusive, and
notorious possession and occupation of alienable and disposable lands of the public
domain, under a bona fide claim of acquisition of ownership, since June 12, 1945,
except when prevented by war or force majeure. These shall be conclusively presumed
to have performed all the conditions essential to a Government grant and shall be
entitled to a certificate of title under the provisions of this chapter.”
a. Requisites – same as Sec. 14(1), PD No.1529
b. No material differences between Sec. 14(1) of PD No. 1529 and Sec. 48(b) of CA
No. 141
2. Vested rights acquired under RA No. 1942 (30 years possession) cannot be impaired by
PD No. 1073 (requiring possession since June 12, 1945)
3. RA No. 9176 extended the period to file application to December 31, 2020
4. Compliance with all requirements for a government grant ipso jure converts land to
private property
5. Application must conform to the requirements of the Property Registration Decree
6. Cases/Statutes
 Republic v. Doldol, GR No. 132963, Sept. 10, 1998
 Republic v. Espinosa, GR No. 171514, July 18, 2012
 Republic v. Regulto, GR No. 202051, April 18, 2016
 Gozo v. Philippine Union Mission, GR No. 195990, Aug.5, 2015

(C) Registration under RA No. 8371 (Indigenous

Peoples Rights Act - IPRA)

1. IPRA indigenous cultural communities the ownership and possession of their ancestral
domains and ancestral lands
2. Modes of acquisition
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a. By native title over both ancestral lands and domains; or

b. By Torrens title under the Public Land Act (CA No. 141, as amended) or the
Property Registration Decree (PD No. 1529) with respect to ancestral lands only
3. Requisites for registration
4. Cases/Statutes
 Cruz v. Secretary of Environment and Natural Resources, GR No. 135385, Dec.
6, 2000
 Central Mindanao University v. Executive Secretary, GR No. 184869, Sept. 21,
2010
 Sec. 12, RA No. 8371 (Indigenous Peoples Rights Act)
 Begnaen v. Caligtan, GR No. 189852, Aug. 17, 2016
 Lim v. Gamosa, GR No. 193964, Dec. 2, 2015

(D) Form and Contents, Dealings with Land

1. Form and contents of application for registration

2. What and where to file
3. Amendments
4. Dealings with land pending original registration
5. Cases/Statutes
 Benin v. Tuason, GR No. GR No. L-26127, June 28, 1974
 Lopez v. Querubin, GR No. 155405, March 18, 2015

B. PUBLICATION, OPPOSITION AND DEFAULT

1. Notice of initial hearing, publication, etc.

2. Registration proceeding – a proceeding in rem
3. Purpose of publication
a. To confer jurisdiction upon the court
b. To apprise the whole world of the pending registration case
4. Opposition
a. Requisites
b. Failure to file opposition, effect of
5. Motion to dismiss based on res judicata proper
6. Order of default
7. Cases/Statutes
 Republic v. Manna Properties, GR No. 146527, Jan. 31, 2005
 Director of Lands v. Court of Appeals and Abistado, GR No. 102858, July 28,
1997
 Benin v. Tuason, GR No. L-26127, June 28, 1974
 Roxas v. Court of Appeals, GR No. 118436, March 21, 1997
 Director, LMB v. Court of Appeals, GR No. 112567, Feb. 7, 2000
 Republic v. Tiotioen, GR No. 167215, Oct. 8, 2008
 Valisno v. Plan, GR No. L-55152, Aug.19, 1986
 Director of Lands v. Agustin, 42 Phil. 227
 Regalado v. Republic, GR No. 168155, Feb. 15, 2007
 Secs. 23, 24 and 27, PD No. 1529

C. HEARING, JUDGMENT AND DECREE OF REGISTRATION

1. Speedy hearing; reference to a referee

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2. Capacity to acquire lands is determined at the time of its acquisition and not registration
3. Cases/Statutes
 Director of Lands v. Intermediate Appellate Court and Espartinez, GR No. 70825,
March 11, 1991
 Republic v. TAN Properties, Inc., G.R. No. 154953, June 26, 2008
 Gaerlan v. Republic, GR No. GR No. 192717, March 12, 2014
 Republic v. Castuera, GR No. 203384, Jan. 14, 2015
 Tan v. Republic, GR No. 177797, Dec. 4, 2008
 Intestate Estate of the late Don Mariano San Pedro y Esteban v. Court of Appeals,
103727, December 18, 1996
 Del Rosario v. Limcaoco, GR No. 177392, Nov. 26, 2012
 Republic v. CA and Maxino, GR No. L-56077, Feb. 25, 1985
 Republic v. CA and Arquillo, GR No .62572, Feb. 15, 1990
 Secs. 7 and 8, Art. XII, Constitution

Citizenship requirement

4. Only Filipino citizens qualified

5. But a Filipino citizen who has lost his citizenship may be a transferee of private land
subject to limitations prescribed by law
6. Cases/Statutes
 Borromeo v. Descallar, GR No. 159310, Feb. 24, 2009
 Republic v. Court of Appeals and Lapiña, GR No. 108998, Aug. 24,1994
 Top Management Programs Corp. v. Fajardo, GR No.150462, June 15, 2011
 Republic v. CA and Lapiña, GR No. 108998, Aug. 24, 1994
 Philippine Banking Corporation v. Li She, GR No. L-17587, Sept. 12, 1967
 Cheesman v. Intermediate Appellate Court, GR No. 74833, Jan. 21, 1991
 Galano v. Roxas, GR No. L-31241, Sept. 12, 1975
 Beumer v. Amores, GR No. 195670, Dec. 3, 2012
 Secs. 7 and 8, Art. XII, Constitution
 BP Blg. 185, dated March 16, 1982 (An Act to Implement Section Fifteen of
Article XIV of the Constitution)
 RA No. 7042, as amended by RA No. 8179 (Foreign Investments Act of 1991
 RA No. 9225 (Citizenship Retention and Re-acquisition Act)

Classification of Public Lands

7. Primary classification, Sec. 3, Art. XII, Constitution

8. Secondary classification, Sec. 9, Public Land Act
9. Classification an exclusive executive prerogative
10. Cases/Statutes
 Republic v. Fabio, GR No. 159589, Dec. 23, 2008
 Malabanan v. Republic, GR No. 179987, April 29, 2009, Resolution on motion
for reconsideration, Sept. 3, 2013
 Fortuna v. Republic, GR No. 173423, March 5, 2014
 Republic v. Espinosa, G.R. No. 186603, April 5, 2017
 Secretary of the DENR v. Yap, GR No. 167707, Oct. 8, 2008
 Sec. 2 and 3, Art. XII, Constitution
 Sec. 15, PD No. 705 (Revised Forestry Code)
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Non-Registrable Properties

1. Property of public dominion

a. Lands for public use and public service
b. Forest lands
c. Mineral lands
d. National parks
e. Public reservations
f. Military or naval reservations
2. Cases/Statutes
 Valiao v. Republic, GR No. 170757, Nov. 28, 2011
 Republic v. Sioson, GR No. L-13687, Nov. 29, 1963
 Central Mindanao University v. Republic, GR No. 195026, Feb. 22, 2016
 Navy Officers’ Village Association, Inc. v. Republic, GR No. 177168, Aug. 3,
2015
 Amunategui v. Director of Forestry, GR No. L-27873, Nov. 29, 1983
 Republic v. Court of Appeals and De la Rosa, GR No. L-43938, April 15, 1980
 Republic v. Court of Appeals and Republic Real Estate Corporation, GR No.
103882, Nov. 25, 1998
 Chavez v. Public Estates Authority, GR No. 133250, May 6, 2003
 Collado v. Court of Appeals, GR No. 107764, Oct. 4, 2002
 Republic v. Southside Homeowners Association, Inc., GR No. 156951, Sept. 22,
2006
 Arts. 419, 420, 421 and 422, Civil Code
 Art. 51, PD No. 1067 (Water Code)
 Sec. 4, RA No. 7942 (Mining Act)
 RA No. 7586 (National Integrated Protected Areas System Act)

Specific Evidence of Ownership

1. Identity of the land

2. Classification of the land as A and D land
3. Land need be classified as A and D at the time the application for registration is filed
4. Proof of classification (see Republic v. T.A.N. Properties and other cases)
5. Only the Lands Management Bureau may verify and approve survey plans for original
registration purposes, per PD No. 939
6. What defines a piece of land is not the area but the area enclosed by the boundaries
thereof (p. 266)
7. Law requires proof of possession and occupation since June 12, 1945
8. Spanish titles no longer efficacious as proof ownership (PD No. 892) (p. 29-)
9. Cases/Statutes
 Republic v. East Silverlane Realty, GR No. 186961, Feb. 20, 2012
 Amunategui v. Director of Forestry, GR No. L-30035, Nov. 2, 1983
 Intestate Estate of Don Mariano San Pedro v. Court of Appeals, GR No. 103727,
Dec. 18, 1996
 Republic v. Alconaba, GR No. 155012, April 14, 2004
 PD No. 892 (Discontinuance of the Spanish Mortgage System of Registration and
of the Use of Spanish Titles as Evidence in Land Registration Proceedings)
 DENR Memorandum No. 564 (in relation to DENR Administrative Order No.
2012-09)
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 DAO No. 20, dated May 30, 1988

Judgment

1. Court has broad jurisdiction over all issues

2. Judgment confirming title
 Only judgments and processes received by OSG binding upon the government
 Separate proceeding to enforce judgment not necessary
 Court retains jurisdiction until after final entry of decree of registration
 Principle of res judicata applicable to registration proceedings
3. Writ of possession
4. Decree of registration
 Decree binds the land and quiets title thereto
 Land becomes registered land only upon transcription of the decree in the Office
of the Register of Deeds
 Certificate of title becomes indefeasible one year after the issuance of the decree
5. Cases
 Manotok Realty v. CLT Realty, GR No. 123346, Dec. 14, 2007
 Gomez v. Court of Appeals, 168 SCRA 503
 Cayanan v. De los Santos,GR No. L-21150, Dec. 26, 2967
 Lucero v. Loot, GR No. L-16995, Oct. 26, 1968
 Galano v. Rojas, GR No. L-31241, Sept. 12, 1975
 Vencilao v. Vano, GR No. L-25660, Feb. 25, 1960
 Laburada v. Land Registration Authority, G.R. No. 101387, March 11, 1998
 Wee v. Mardo, GR No. 202414, June 4, 2014

Remedies

1. Review of decree of registration (Sec. 32) (p. 297, 305-)

a. Requisites ( p. 307)
b. Distinction between extrinsic and intrinsic fraud (pp.
308-310)
2. Reconveyance (p. 315)
a. Nature and purpose of action
b. Requisites (p. 318)
c. Prescription of action (p. 323-)
d. Reconveyance treated as action to quiet title (p. 334-)
e. Trusts
3. Action for damages (p. 342)
4. Action for reversion (p. 343-)
a. Authority: Sec. 124, CA No. 141 (Public Land Act)
b. Grounds
c. Continuing authority of Director of Lands to investigate fraudulent land titling
(Sec, 91, CA No. 141)
d. Differentiated from escheat proceedings (p. 347)
5. Cancellation of title (p. 353-)
6. Recovery of damages from the Assurance Fund (p. 354-)
a. Requisites for recovery
b. Parties to action
7. Annulment of judgment (Rule 47, Rules of Court) (p. 360)
a. Grounds annulment
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8. Criminal prosecution

Innocent Purchaser for Value and in Good Faith

9. Purchaser in good faith (Sec. 32, PD No. 1529) (P. 364-)

a. Rule of good faith equally applies to mortgages for value
b. Rule of “caveat emptor” (p. 371-)
c. Banks expected to exercise greater care and prudence in their dealings (p. 376-)
d. Principle of “prior est temporae, prior est in jura”
10. Cases/Statutes
 Eland Philippines, Inc. v. Garcia, GR No. 173289, Feb. 17, 2010 (Footnotes
57 & 61, citing Agcaoili, “Property Registration Decree”)
 Dy v. Aldea, GR No. 219500, Aug. 9, 2017.
 Walstrom v. Mapa, GR No. 38387, Jan. 29, 1990
 Sterling Investment Corporation v. Ruiz, GR No. L-30694, Oct. 31, 1969
 Narvasa v. Imbornal, GR No. 182908, Aug. 6, 2014
 Roque v. Aguado, GR No. 193787, April 7, 2014
 Republic v. Mangatora, GR No. 170375, July 7, 2010
 Caragay-Layno v. Court of Appeals, GR No. 52064, Dec. 6, 1984
 Ono v. Lim, GR No. 154270, March 9, 2010
 Concha v. Lumocso, GR No. 158121, Dec. 21, 2007
 Gonzales v. IAC, GR No. L-59622, Jan. 29, 1988
 Yujuico v. Republic, GR No. 168661, Oct. 26, 2007 (Footnote 17, citing
Agcaoili, “Property Registration Decree”)
 Pinero v. Director of Lands, GR No. L-36507, June 14, 1974
 Roxas v. Garcia, GR No. 146208, Aug. 13, 2004
 De Guzman v. National Treasurer, GR No. 143281, Aug. 3, 2000
 Treasurer of the Philippines v. Court of Appeals, GR No. L-42805, Aug. 31, 1987
 Yared v. Tiongco, GR No. 161360, Oct. 19, 2011
 Sajonas v. Court of Appeals, GR No. 102377, July 5, 1996
 Tajonera v. Court of Appeals, GR No. L-26677, March 27, 1981
 St. Dominic Corporation v. IAC, GR No. 70623, June 30, 1987
 Blanco v. Esquierdo, GR No. L-15182, Dec. 29, 1960
 Cruz v. Bancom Corporation, GR No. L-15182, Dec. 29 1960
 PNB v. Jumanoy, GR No. 169901, Aug. 3, 2011
 Uy v. Fule, GR No. 164961, June 30, 2014
 Sajonas v. Court of Appeals, GR No. 102377, July 5, 1996
 Mahinay v. Gako, GR No. 165338, Nov. 28, 2011

Chapter IV
Certificate of Title

i. Preparation of Decree and Certificate of Title

e. LRA prepares decree of registration as well as the original and duplicate of the
corresponding original certificate of title
f. The original certificate of title shall be a true copy of the decree of registration
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ii. Entry of original certificate of title; certificate of title shall take effect upon the date of
entry thereof
iii. Statutory liens affecting title (Sec. 44)
g. Liens under the laws
h. Unpaid real estate taxes
i. Any public highway or private way established or recognized by law
j. Any disposition of property or limitation of the use thereof
iv. Registered land not subject to prescription (Sec. 47)
v. Certificate not subject to collateral attack (Sec. 48)
vi. Cases
 Manotok Realty v. CLT Realty, GR No. 123346,
Dec. 14, 2007
 Ping v. Ayala Land, Inc., GR No.173120, April 10, 2019 (Footnotes 40, 41 &
42, citing Agcaoili, “Property Registration Decree”)
 Hi-lon Manufacturing, Inc. v. Commission on Audit, GR No. 210669, August 1,
2017
 Wee v. Mardo, GR No. 202414, June 4, 2014
 Fernando v. Acuna, GR No. 161030, Sept. 14, 2011
 Guaranteed Homes v. Valdez, GR No. 171531, Jan.
30, 2009
 Lonoy v. Secretary of Agrarian Reform, GR No.
175049, Nov. 27, 2008
 Cusi v. Domingo, GR No. 195825, Feb. 27, 2013
 Alde v. Bernal, GR No. 169336, March 18, 2010
 Domingo v. Reed, GR No. 157701, Dec. 9, 2005
 Ponce de Leon v. RFC, GR No. L-245718, Dec. 18,
1970
 PNB v. CA and Vitug, GR No. 57757, Aug. 31,
1987
 Republic v.Mendoza, GR No. 185091, Aug. 8, 2010
 Barcelona v. Barcelona, GR No. L-9014, Oc. 31,
1956
 De Pedro v. Romanasan, GR No. 158002, Feb. 28,
2005
 Manotok v. Barque, GR No.162335, Dec. 18, 2008
 Bangis v. Adolfo, GR No. 190875, June 13, 2012
 Carvajal v. Court of Appeals, GR No.98328, Oct. 9,
1987
 Alfonso v. Office of the President, GR No. 150091,
April 2, 2007
 Republic v. Abrille, GR No. L-39248, May 7, 1976
 Jimenez v. Jimenez, GR No. 228011, Feb. 10, 2021