UNIVERSITY OF SAINT LOUIS

Tuguegarao City

SCHOOL OF ENGINEERING, ARCHITECTURE

AND INFORMATION TECHNOLOGY EDUCATION
First Semester
A.Y. 2021-2022

CORRESPONDENCE LEARNING MODULE

GEOD 1153 – Land Registration Laws

Prepared by:

ENGR. JOSEPHINE C. CUMMITING

Reviewed by:

ENGR. MAY Z. VALDEZ, ME-GE

GE Program Chair

Recommended by:

ENGR. VICTOR C. VILLALUZ, MEE

Acting Academic Dean

Approved by:

EMMANUEL JAMES PATTAGUAN, Ph.D.

Vice President for Academics

School of Engineering, Architecture and Information Technology Education

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WEEKLY STUDY AND ASSESSMENT GUIDE
For this week, August 17 – 20, 2021 of this grading period, the following shall be your guide for the different
lessons and tasks that you need to accomplish. Be patient read it carefully before proceeding to the tasks
expected of you.

Date Topic Activities/Tasks

August 17, 2021 Orientation/Setting of expectations
The USL Vision – Mission and Values
August 18-20, 2O21 Land registration Read Lessons

August 20, 2021 Submission of learning tasks Accomplish the worksheet in the
Assessment Portion of this module

GOOD BLESS!

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 WEEK 3-4: Introduction to Land Registration
August 30- September 3, 2021

LEARNING OUTCOME
At the end of the lesson, the students should:

• Identify the elements or attributes of ownership

• Discover the best mode of acquiring ownership over property

I. BENEFITS OF LAND REGISTRATION

A. Security – unregistered land is at a higher risk of fraud. Fraudsters can assume your
identity and attempt to sell or mortgage your property without your knowledge.
Registration helps you to protect your property from fraud and resist any third-party
applications for adverse possession, commonly referred to as “squatter’s rights”.

B. Evidence of ownership – registration makes it easier to buy and sell property as all the
title information necessary for conveyancing will be in the Land Register, which is
available online for everyone to see. The Land Registry will collate all the relevant
information that they need from the historic deeds and will then recite only the relevant
information within three registers which form part of the registered title.

C. Clarity – registration makes it easier for conveyancers to ascertain who owns the property
and what benefits and burdens are attached to the land. If land is unregistered, the
conveyancer has to review the original deeds. Deeds can be lengthy hand written
documents, which can be difficult to read and interpret. Reviewing the deeds can increase
the time the transaction takes to complete because the conveyancer will need to wait for
the deeds, check the chain of ownership is correct and then draft the contract.

D. Certainty – In addition to the registered title to the property, the Land Registry will also
provide a plan which provides evidence of the extent of the property. This makes it easier
for a buyer to identify the boundaries of their property and check that their understanding
of the extent of the property is the same as shown on the title plan. Registration also
provides a state-backed guarantee securing the title to the property, meaning that the
state guarantees that the legal estate is vested in the registered owner.

II. OWNERSHIP

Under Article 427of the Civil code of the Philippines, ownership may be exercised over
things or rights.

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The term ownership is emerged from the word 'own' which means "to have or to hold a
thing". One who holds a thing as his own is called owner and will have the right of ownership
over it. Therefore, the term ownership literary means “legitimate and absolute right of a
person over a thing or an object having title".

A. Attributes of Ownership

1. Indefinite User:
The owner of the thing is free to use or misuse the thing in a way he likes. The
owner of a land may use it for walking, for building house or for gardening and so
forth. However, Austin was cautious enough to use the term “indefinite”. He did not
use the thing owned infamy way he likes. His use if the thing is conditioned by
requirements or restrictions imposed by the law. The owned must not use the
things owned as to injure the right of others. The principle is the foundation of the
maxims is that “to use your own property is not to injure your neighbor’s
right.”

2. Unrestricted Disposition:
The owner has the right to dispose of the property at his own will. A person needs
to have the ownership of a thing in order to transfer that ownership to someone
else. Mere possession does not give the power to dispose of the ownership.

B. Kinds of Ownership

1. Full ownership—all rights of an owner

2. Naked ownership—ownership where the right to the use and the fruits have been
denied
3. Sole ownership—ownership is only vested in one person
4. Co-ownership- an individual or group that shares ownership in an asset with
another individual or group.

C. Rights of an Owner under Roman Law

1. Jus possidendi (The right to possess)

• Possession means "physical control over a thing or an object. To constitute
ownership the owner must be entitled to the possession of the property. The
right to possess means the right to hold a thing or to enjoy a right.

2. Jus utendi (The right to use)

• The right to use includes the right to exclude any person, as a rule, from the
enjoyment and disposal thereof. For this purpose, the owner-possessor
may use such force as may be reasonably necessary to repel or prevent an
actual or threatened unlawful physical invasion or usurpation of the
property.

3. Jus fruendi (The right to the fruits)

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 • The right to the fruits includes the right to three kinds of fruits — natural,
industrial and civil fruits.

Natural fruits are the spontaneous products of the soil, and the young and other
products of animals.
Industrial fruits are those produced by lands of any kind through cultivation or labor.
Civil fruits are the rents of buildings, the price of leases of lands and other property
and the amount of perpetual or life annuities or other similar income.”

4. Jus abutendi (The right to consume)

• In Roman law, jus abutendi did not really mean the right to abuse, but the
right to consume. However, modern terminology allows both meanings.
• A person can indeed burn his own house if in an isolated place, but not
where the burning would endanger the properties of others.

5. Jus disponendi (The right to dispose)

• The right to dispose includes the right to donate, to sell, to pledge or
mortgage.

6. Jus vindicandi (The right to recover)

• The right to recover which provides that “the owner has also a right of action
against the holder and possessor of the thing in order to recover it.”
Moreover “every possessor has a right to be respected in his possession;
and should he be disturbed therein, he shall be protected in or restored to
said possession by the means established by the laws and the Rules of
Court.”
7. Jus accessiones (The right to accessories)
• right which ownership of property gives over everything which the same
produces, or which is attached or incorporated thereto, naturally or
artificially.

D. Rights of an Owner Under the Civil Code

Under Art. 428, the owner has:
1. the right to enjoy
2. the right to dispose
3. the right to recover or vindicate.

The right to enjoy includes:

1. the right to possess
2. the right to use
3. the right to the fruits

The right to dispose includes:

1. the right to consume or destroy or abuse

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 2. the right to encumber or alienate.
*******************************End of Lesson*******************************

REFERENCES

Electronic book

Aquino, A. (2007). Land Registration and Related Proceeding

Paras, E. (2008). Civil Code of the Philippines Annotated

Online Reference

https://businesscornwall.co.uk/featured-posts/2019/10/5-benefits-of-land-registration/

https://www.ramauniversity.ac.in/online-study-material/law/llb/iiisemester/jurisprudence/lecture-34.pdf

https://www.legalbites.in/ownership-definition-concept-and-kinds/

https://www.srdlawnotes.com/2016/11/characteristics-of-ownership.html

https://batasnatin.com/law-library/civil-law/property/1133-ownership.html

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