Land Titles and Deeds Final exams Reviewer

Republic of the Philippines V. Francisco Bacus GR. 73261 August 11, 1989

Facts: Francisco Bacus applied for registration of a parcel of land situated in Manga, Tinago, Osamis City with the Regional Trial Court of Misamis Occidental. The herein petitioner through the Director of Lands opposed the registration on the grounds that the respondent did not have the title to the property nor was it available for private appropriation since it was still part of public domain. The registration court held in favor of the herein respondent. Hence this petition. Issue: Whether or not Franciso Bacus can register the subject parcel of land in his name Held: No Ratio: The parcel of land has not yet been declassified as forest land and therefore is not susceptible of private ownership. Section 6 and 7 of the revised administrative code clearly provides that the power to classify land into alienable or disposable, timer and mineral lands is vested to the president upon recommendation from the secretary of Agriculture and Natural Resources.

Devisee a person who receives a gift of real property by way of a devise which is usually in the form of a will. Devise an instrument by which a real property is conveyed or transferred to another.

In Personam Judgement is binding only upon the parties

In Rem Judgement is binding against the whole world

-Directed against specific person and seek personal judgement Ex: Action to recover title to land Action for resolution of a contract of Sale.

- Directed against the thing, property or status of a person and seek judgement Ex: Change of Status Land Registration Proceeding

Quasi In Rem Judgement entered is conclusive between the parties - Purpose of the proceeding is t subject the defendants interest the obligation or lien burdening the property. -

Court a quo Court of Origin Jurisdiction Authority of a court to hear and decide cases. **RTC of the province wherein the land to be registered is situated. **Pursuant to BP 129 as amended by RA 7691 Inferior courts may be assigned by the Supreme Court to hear and determine cadastral or and registration cases covering lots where the is no controversy or opposition, the value of which does not exceed 100k. The decision is appealable to RTC Sec. 34 BP 129 as amended by RA 7691: Section 1. Regional Trial Courts shall exercise exclusive original jurisdiction. 1. incapable of pecuniary estimation; 2. In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts; 3. In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (P200,000.00); "(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two Hundred thousand pesos (P200,000.00); "(5) In all actions involving the contract of marriage and marital relations; "(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions; "(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and "(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of the abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)." Section 2. Section 32 of the same law is hereby amended to read as follows: "Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Criminal Cases. Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise: "(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and

"(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof." Section 3. Section 33 of the same law is hereby amended to read as follows: "Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Civil Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise: "(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: Provided, further, That where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions; "(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the questions of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and "(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots." Section 4. Section 34 of the same law is hereby amended to read as follows: "Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts." Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00): Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos (P400,000.00).

Rule 1 section 4 of the Rules of Court In what cases not applicable Rule 4 Section 1-Venue of real actions Rule 6 Sections 1 13 Rule 7 Section 5

Rule 16 Section 1, 4, 5 and 6.

PD 1529: The following persons may file in the proper court of first instance and application for registration of title to land, whether personally or through their duly authorized representatives. (1) 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. (2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. (3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. (4) Those who have acquired ownership of land in any other manner provided for by law. * Where the land is owned in common, all the co-owners shall file the application jointly. an instrument in due form appointing an agent or representative residing in the Philippines, giving his full name and postal address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines. If the agent or representative dies, or leaves the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so the court may dismiss the application. Section 17. What and where to file. The application for land registration shall be filed with the Court of First Instance of the province or city where the land is situated. The applicant shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands. The clerk of court shall not accept any application unless it is shown that the applicant has furnished the Director of Lands with a copy of the application and all annexes. Section 18. Application covering two or more parcels. An application may include two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. The court may at any time order an application to be amended by striking out one or more of the parcels or by a severance of the application. Section 19. Amendments. Amendments to the application including joinder, substitution, or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms. Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice as in an original application. Section 20. When land applied for borders on road. If the application describes the land as bounded by a public or private way or road, it shall state whether or not the applicant claims any and what portion of the land within the limits of the way or road, and whether the applicant desires to have the line of the way or road determined. Section 21. Requirement of additional facts and papers; ocular inspection. The court may require facts to be stated in the application in addition to those prescribed by this Decree not inconsistent therewith and may require the filing of any additional paper. It may also conduct an ocular inspection, if necessary.

Section 22. Dealings with land pending original registration. After the filing of the application and before the issuance of the decree of registration, the land therein described may still be the subject of dealings in whole or in part, in which case the interested party shall present to the court the pertinent instruments together with a subdivision plan approved by the Director of Lands in case of transfer of portions thereof and the court, after notice to the parties, shall order such land registered subject to the conveyance or encumbrance created by said instruments, or order that the decree of registration be issued in the name of the person to whom the property has been conveyed by said instruments.

Latches- negligence or omission to assert a right within a reasonable time, warranting a presumption that the party is entitled to assert either declined or abandoned to assert such right. It does not involve mere lapse of time, but is principally an impediment to the assertion or enforcement of a right, which has become under the circumstances inequitable or unfair to permit.

Prescription another mode of acquiring ownership and other real rights over an immovable property. Concerned with the lapse of time in the manner and conditions laid down by law: a. b. Possession should be in the concept of an owner. Possession must be Public, peaceful, uninterrupted and adverse.

Acquisitive Prescription Ordinary - requires possession in good faith and with just title for 10 years Extra Ordinary uninterrupted adverse possession for 3 years without need of Good faith Good Faith honesty of intention and honest lawful intent which constitutes Good faith implies freedom from knowledge and circumstances which ought to put a person on inquiry. Chavez v. PEA & AMARI GR. No. 133250 July 9, 2002 Issue: whether stipulations in the Amended JVA for the transfer to AMARI of lands, reclaimed or to be reclaimed, violate the Constitution. We can now summarize our conclusions as follows: 1. The 157.84 hectares of reclaimed lands comprising the Freedom Islands, now covered by certificates of title in the name of PEA, are alienable lands of the public domain. PEA may lease these lands to private corporations but may not sell or transfer ownership of these lands to private corporations. PEA may only sell these lands to Philippine citizens, subject to the ownership limitations in the 1987 Constitution and existing laws.

2. The 592.15 hectares of submerged areas of Manila Bay remain inalienable natural resources of the public domain until classified as alienable or disposable lands open to disposition and declared no longer needed for public service. The government can make such classification and declaration only after PEA has reclaimed these submerged areas. Only then can these lands qualify as agricultural lands of the public domain, which are the only natural resources the government can alienate. In their present state, the 592.15 hectares of submerged areas are inalienable and outside the commerce of man.

3. Since the Amended JVA seeks to transfer to AMARI, a private corporation, ownership of 77.34 hectares [110] of the Freedom Islands, such transfer is void for being contrary to Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain.

4. Since the Amended JVA also seeks to transfer to AMARI ownership of 290.156 hectares[111] of still submerged areas of Manila Bay, such transfer is void for being contrary to Section 2, Article XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. PEA may reclaim these submerged areas. Thereafter, the government can classify the reclaimed lands as alienable or disposable, and further declare them no longer needed for public service. Still, the transfer of such reclaimed alienable lands of the public domain to AMARI will be void in view of Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain.

Clearly, the Amended JVA violates glaringly Sections 2 and 3, Article XII of the 1987 Constitution. Under Article 1409[112] of the Civil Code, contracts whose object or purpose is contrary to law, or whose object is outside the commerce of men, are inexistent and void from the beginning. The Court must perform its duty to defend and uphold the Constitution, and therefore declares the Amended JVA null and void ab initio

Modes of acquiring ownership: 1. 2. 3. 4. 5. 6. 7. Occupation Intellectual Occupation Law Donation Testate and Intestate Succession Prescription

Article 1106 , 117, 1127, 1128, 1129, 1134,1137 and 1139

3 Principles of Torrens System: 1. Mirror Principle the title of the property will reflect completely and accurately all the current facts of the title so that is free of adverse claim or burdens unless they are mentioned. The title shows all the relevant information about ownership and claims or warnings about the property that an interested party will want to know. Mirror principle is not absolute, there can be certain public rights or burdens that affects the title, such as right to expropriation or zoning restrictions. 2. Curtain Principle-the current certificate of title contains all the information about the title and it is not necessary for an interested person such as a potential buyer to worry about past dealings with the property. This does away with the need to search back through history of a piece of property to be sure that the present registered owner has a good title.

3. Insurance Principle- an insurance fund is in place to compensate anyone who suffers as a result of a mistake being made concerning the validity or accuracy of the title. The idea behind Torrens System is that the registry must guarantee the accuracy of every title to a piece of land. If AS A RESULT OF HUMAN ERROR, there is a mistake about a title to a piece of land and someone who suffers a loss as a result the will be compensated by the fund.

MODES OF ACQUIRING LAND TITLES: 1. Title by public grant conveyance of public land by government to a private individual 2. Title by acquisitive prescription open, continuous, exclusive, notorious possession of a property 3. Title by accretion alluvium 4. Title by reclamation filling of submerged land by deliberate act and reclaiming title thereto; government

5. Title by voluntary transfer private grant; voluntary execution of deed of conveyance 6. Title by involuntary alienation no consent from owner of land; forcible acquisition by
state 7. Title by descent or devise hereditary succession to the estate of deceased owner 8. Title by emancipation patent or grant for purpose of ameliorating sad plight of tenant-farmers; not transferable except by hereditary succession