11/17/2023
• https://www.liberalista.org/the-torrens-system-of-land-registration/
• https://ralblaw.com/torrens-system-torrens-title/
• Act No. 496 (lawphil.net)
• phi141083.pdf (fao.org)
TORRENS SYSTEM
• Torrens system is a system for registration of land under which, upon
landowner’s application, the court may, after appropriate
proceedings, direct the issuance of a certificate of title.
[Black’s Law Dictionary];
• Those systems of registration of transactions with interest in land
whose declared object is, under governmental authority, to establish
and certify to the ownership of an absolute and indefeasible title to
realty, and to simplify its transfer.
[Grey Alba v. De la Cruz, G.R. No. L-5246 (1910)]
ORIGIN AND NATURE
• The Torrens system was devised in 1857 by Mr. Robert Richard
Torrens, a layman in South Australia.
• In the Torrens system, title by registration takes the place of “title by
deeds” of the system under the “general” law.
• A sale of land, for example, is effected by a registered transfer, upon
which a certificate of title is issued. The certificate is guaranteed by
statute, and, with certain exceptions, constitutes indefeasible title to
the land mentioned therein.
• The object of the Torrens system is to do away with the delay,
uncertainty, and expense of the old conveyancing system which relied
on the correctness of a long series of prior deeds, wills, and other
documents for the validity of conveyances.
1
 11/17/2023

ORIGIN AND NATURE ORIGIN AND NATURE

• The Torrens system was introduced in the Philippines by Act No. • The Torrens system of registration is judicial in nature.
496, which took effect on Jan. 1, 1903. This was later amended and
superseded by PD 1529 which took effect on June 11, 1978.
• The underlying principle of the Torrens system is security with facility
in dealing with land. It requires that the government issue an official
certificate of title attesting to the fact that the person named is the
owner of the property described therein, subject to such liens and
encumbrances thereon noted or the law warrants or reserves. The
certificate of title is indefeasible and imprescriptible and all claims to
the parcel of land are quieted upon issuance of said certificate.
[Cruz v. Secretary of Environment and Natural Resources]

PURPOSE OF TORRENS SYSTEM
• The real purpose of the Torrens system of registration is to quiet title
to land; To put a stop forever to any question of the legality of the
title, except claims which may arise subsequent thereto. [Agcaoili]
• It aims to decree land titles that shall be final, irrevocable and
indisputable [Government of the Philippine Islands v. Abural, GR No.
14167 (1919),
• And to relieve the land of the burden of known as well as unknown
claims. [SM Prime Holdings, Inc. v. Madayag]
General Rule: A title once registered cannot be impugned, altered,
changed, modified, enlarged, or diminished.
Exception: Direct proceeding permitted by law, usually for the
protection of innocent third persons
TORRENS SYSTEM
RE-REGISTRATION OF SPANISH TITLES
• After the Philippines was ceded by Spain to the United States on
December 10, 1898 there were no longer Spanish titles being issued
and that ends the original registration of Spanish title under Spanish
Mortgage Law.
• On February 1, 1903, another system of registration (Torrens system)
was imposed by the Republic Act 496 (Land Registration Act).
• The Torrens system mandated that the person legible for registration
must be the owner of the land.

2

TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• On June 11, 1978, Act 496 was amended by P.D. 1529. This decree
still adheres to the ruling that the applicant qualified for the
registration must be the owner of the land.
To quote:
“The applicant for land registration under Presidential Decree No. 1529
must be the owner of the land because registration under the Torrens
system is not a mode of acquiring ownership of the land.”
TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
Royal concession is the different mode of acquiring Spanish titles, such
as:
• Titulo Real (Royal Grant),
• Titulo de Compra (Title by Purchase),
• Titulo de Composicion con el Estado (Adjustment title),
• Titulo de Concession Especial (Special Grant),
• Titulo de Composicion (Legal Compromise) and
• Informacion Posesoria (Adverse possession of a piece of land).
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TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• Who is the owner of the land qualified for such undertaking?
So as not to be led astray, let our history speak for itself:
“During the 16th century, the Philippines passed to the Spanish Crown
by discovery and conquest. Consequently, our lands, whether
agricultural, mineral or forest became at least technically speaking,
the exclusive patrimony and dominion of the Spanish Crown. Hence,
private ownership in land can only be founded on royal
concessions.” (Law 14, Title 12, Book IV of the Recopilacion de las Leyes
de las Indias; Valenton vs. Murciano, 3 Phil. 537, [19041], 543-
544). Royal concession may be accomplished in varied forms.
TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• The first title of the Philippines is “Las Yslas Philipinas” or “Isles of
Philip” named after King Philip II of Spain. His primary purpose was to
bind the diverse (7,134) islands and islets into a single sovereignty
known to the world as “Philippines.” If the King had not done this,
there would have been no such nation as “Philippines” or
“Filipino.” This is the title utilized by the House Committee on
National Defense to prove the Philippines’ ownership of Scarborough
Shoal in its claim against China.
• So, the power of the King in doing such undertaking (distributing or
granting lands) is that: He owns the Philippine archipelago.
3

TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• The Supreme Court’s En Bank Decision, G.R. No. 135385 promulgated
on December 6, 2000 has adhered to this universally acknowledged
historical paradigm:
“Regalian Doctrine was introduced into our political system upon
the “discovery” and the “conquest” of our country in the sixteenth
century. Under this concept, the entire earthly territory known as the
Philippine Islands was acquired and held by the crown of Spain. The
King, as then head of the State, had the supreme power or exclusive
dominion over all our lands, waters, minerals and other natural
resources.”
TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• Thus, it demonstrates that the titles issued under the Torrens system
having its date of registration only upon the enactment of the
same were all void. It justifies that all registrations performed
therefrom were empty of ownership as they don’t possess Spanish
title, which is the principal requirement needed to qualify for such
registration set forth by the Land Registration Act 496; the Torrens
system.
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TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• Spanish titles were originally registered under the Spanish Mortgage
Law which provided systematic registration of land titles and
deeds. (December 6, 2000 Supreme Court En Banc Decision)
• As can be gleaned from the preceding discussion, the person or
entity who holds the Spanish title originally registered under the
Spanish Mortgage Law is the one considered and affirmed as the
owner of the land This matter is evident in the Torrens title. By
referring to the first page just below inscription of the technical
description, there are portions with strict instruction for filling up
with vital information. To quote: “It is FURTHER CERTIFIED that said
land was originally registered on ____ …”
TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• The Torrens system is just a re-registration of the originally registered
Spanish titles under the Spanish Mortgage Law. Even the Supreme
Court confirms its firm position on this matter: The applicant must be
a holder of Spanish title so as to qualify for the registration: To quote:
“For it is well settled that, unless the applicant has shown by clear
and convincing evidence that the property in question was ever
acquired by the applicant or his ancestors either by composition title
from the Spanish government or by possessory information title, or
any other means for the acquisition of public lands (different kind of
Spanish titles), the property must be held to be part of the public
domain.”
4

TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• The big blunder is: The original date of registration shown by the
alleged Torrens title goes beyond 1898? This year is supposed to be
the end of the issuance of Spanish titles and consequently winding-up
its registration under Spanish Mortgage Law; its original
registration. Therefore, original registration is explicitly understood as
the undertaking during the Spanish period and not upon the
imposition of the Torrens system (Act 496) in American era. Act 496
is a subsequent registration or a dealing after original registration.
TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• Another indisputable proof of evidence that there was indeed Original
Registration of Spanish titles under Spanish Mortgage Law was cited in Chapter
1, Section 3 of the Property Registration Decree P.D. No. 1529 enacted on June
11, 1978. The said Decree likewise affirmed that Act 496 (the Torrens system) is
just a subsequent registration or a dealing after original registration.
“Hereafter, all instruments affecting lands originally registered under Spanish
Mortgage Law may be recorded under Section 113 of this Decree, until the land
shall have been brought under the operation of the Torrens system.”
“Finally, the “composicion con el estado” cannot be registered under Act 496 as
a subsequent registration or a dealing after original registration as the property
has not yet been brought under the operation of the Torrens system.”
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TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• To stress, Section 1 of P.D. 892 further bolstered the system of original
registration of Spanish titles under the Spanish Mortgage Law. P.D. 892 is
the DISCONTINUANCE OF THE SPANISH MORTGAGE SYSTEM OF
REGISTRATION AND OF THE USE OF SPANISH TITLES AS EVIDENCE IN LAND
REGISTRATION PROCEEDINGS (February 16, 1976).
“All holders of Spanish titles or grants should apply for registration of
their lands under Act No. 496, otherwise known as the Land Registration Act
within six (6) months from the effectivity of this decree.
“Hereafter, all instruments affecting lands originally registered under the
Spanish Mortgage Law may be recorded under Section 194 of the Revised
Administrative Code as amended by Act No. 3344.”
TORRENS SYSTEM - RE-REGISTRATION OF
SPANISH TITLES
• Land Registration Act 496 enacting the Torrens system is the
registration of the owner of the land. Ownership means
title. Therefore, those holders of Spanish title originally
registered under Spanish Mortgage Law are qualified to re-
register their ownership of the land.
The doctrine is specific: Private ownership can only be founded
on Royal concessions, which is the different mode or process in
acquiring Spanish titles. The ownership of land was recorded
in Cuaderno Supletorio del Registro de Anotaciones de Titulos
Propiedad de Terrenos por la Direccion General Administracion Civil – a
Public Registry.
5

LAND REGISTRATION IS FOR TITLED PROPERTY
• To reiterate: The Torrens system is a system of land registration.
Those qualified for the registration must be conclusively the owner of
the land by virtue of a title, and not by mere in possession of the
land.
To easily understand the above-cited, here are some plain and
simple analogies: How can you register an organization, association or
corporation in SEC without forming it first? How can you register a
voter in Commission on Election (Comelec) in the absence of a qualified
one? How can you register a car in LTO without having the same? How
can you register ownership of the land in Torrens system without
a title?
CONFUSION IN THE TORRENS SYSTEM
Argument:
1. To acquire; is a present tense. Hence, the applicant must undergo
the process of obtaining or securing the land. He does not yet hold any
ownership of the same. Therefore, the applicant is not qualified to
register because the law specifically provides that the Torrens system
is not a mode of acquiring ownership of the land but only a system to
quiet title of land; to put a stop to any question of the legality of
the title, except claims, which were noted at the time of registration.
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CONFUSION IN THE TORRENS SYSTEM
To note: In Torrens system, the qualified applicant must be the owner
of the land because registration under the Torrens system is not a
mode of acquiring ownership of the land.
The details in: How to acquire ownership of the land?
A) By possession of the land since time immemorial.
B) By possession of alienable public land, is a strong contradiction to
the above-cited ruling if going to register under the Torrens system.
CONFUSION IN THE TORRENS SYSTEM
• 2. Possession is different from ownership. “Title signifies the right of
possession or of the property in land as distinguished from actual
possession; and the legal title to real property carries with it the right
of possession which is sufficient to authorize an action to recover the
same from one in possession without right or title.” (Norton vs.
Frederick, 119 N.W. 492, 494)
“Rights of possession to land, to dominion and control thereof, and
care for, cultivate and harvest crops thereon do not arise to dignity of
title.” (Lawson vs. Helich, Wash.; 146 P.2d 537, 540; 151 A.L.R. 930)
6

CONFUSION IN THE TORRENS SYSTEM
• 2. Possession is different from ownership. “Title signifies the right of
possession or of the property in land as distinguished from actual
possession; and the legal title to real property carries with it the right
of possession which is sufficient to authorize an action to recover the
same from one in possession without right or title.” (Norton vs.
Frederick, 119 N.W. 492, 494)
“Rights of possession to land, to dominion and control thereof, and
care for, cultivate and harvest crops thereon do not arise to dignity of
title.” (Lawson vs. Helich, Wash.; 146 P.2d 537, 540; 151 A.L.R. 930)
PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
Two Kinds of Judicial Registration:
1. Ordinary land registration proceeding.
2. Cadastral land registration proceedings.
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PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
• From the preceding, the two stated method of acquiring ownership
to the land is justly refuted. Prior to declaring a claimant’s ownership
of the land, it must undergo to the process of land registration
proceeding.
Judicial Land Registration is a proceeding where the application
for land registration is filed in the proper court.
Note: In other words, Judicial Land Registration is
the process of confirming one’s claim by issuing a title. On the
contrary, Land Registration as what the Torrens system suggests, is a
system of land registration. It can be interpreted as an recording of a
titled land in a public registry.
PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
Ordinary land registration proceeding. - where the application for land
registration is initiated and filed in court by the person claiming
ownership to the land.
This is the common proceeding where the application for land
titling of those in possession of the land since time immemorial or of
alienable public land is filed in court to confirm claimant’s ownership.
The Presiding Judge deciding the case in favor of the applicant, will
then release an order directing the commissioner to issue the
corresponding decree of registration and certificate of title. The issued
title based on a decree will be sent to the Register of Deeds where
the land is located for its proper registration.
7

PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
Cadastral land registration proceedings. – where the government
undertakes the survey of the land and files the petition in court for the
registration of the whole part of the lands in a municipality, city or
province and where all persons are given notice by publication and
required to make known and prove their claims of ownership or
interest over the same, otherwise, the lots will declared public land. In
this sense, a cadastral proceeding is in the nature of a large scale
compulsory proceeding.
PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
• From the foregoing, it confirmed that under Cadastral Act 2259:
1) The government has no jurisdiction to undertake survey of the land and
file a petition in court for its registration to make known to all persons the
claim of their ownership or interest over the same. Indeed, those persons in
possession were just dwellers of other man’s land whereby the government,
by virtue of this Cadastral Act 2259 has at once assumed its right and interest
over the property as public domain. Thus:
a) The imposition of Act 2259 is a pretext to the prejudice of the real
owner, a coated Act tantamount to land confiscation by the government
against the person(s) who acquired ownership since time immemorial.
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PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
• Argument: The Regalian Doctrine contains historical events outlining
the layers of preponderance of evidence controverting that the
Philippine government had no inherent property upon its installation
in 1902. Allegedly, the government had acquired its property through
the Friar Land Act 1120 of 1904 and these were considered as public
domain wherein land for distribution known as public land had
emanated.
Significant occurrences of the past had divulged that Friar Land Act
1120 was a failure; hence, no land title bearing OCT 614 was issued in
the name of the Republic of the Philippines. As a result, there were no
public lands being held by the government to dispose of under Public
Land Acts 926, 2874 and Commonwealth Act 141.
PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
b) It appeared that, Act 2259 is a formulation to legalize government’s
ownership to the lands it does not own reverting the same in favor of
the government against those losers, hapless persons occupying the
lands. Truly, those persons affected by the compulsory proceeding
surely lack the competence to prove their claims of ownership in court
of being de facto in occupation or without legal authority from the real
owner of the land.
8

PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
2) It is no longer possible to acquire ownership by possession of
alienable and disposable public land under the Public Land Act 141 or
Commonwealth Act of 1936 and even after the enactment of first
Public Land Act 926, passed in pursuance of the provisions of the
Philippine Bill of 1902.
3) Undeniably, the only considered qualified applicants for land
registration were those who acquired ownership by virtue of a Spanish
title.
PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
• To reiterate: Torrens system is not a mode of acquiring ownership of the
land. But, thru the integration of the Judicial and Administrative
Proceedings made it happened that those acquiring ownership of the land
by possession became as the registered owner in recognition of the issued
title.
To sum up, the owner of the land qualified for land registration must be
a holder of Spanish title. Those persons in possession of the land since time
immemorial or alienable public land are not qualified for such registration
for the compelling reason already expound herein since ownership of the
land does not reflect in them. If the first condition was not met, chances are
the issued certificates of title thru Judicial Registrations were from mere
possession of the land, thus, assuming the character of a void, fake
certificate as well as title. This also holds true to administrative proceeding.
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PROCESS OF ACQUIRING OWNERSHIP – A Title
of No Probative Origin
4) President Manuel L. Quezon announced in 1936 that Friar Land Act
1120 was a failure. Even if we take into consideration that the
government acquired those 171, 315 hectares through Friar Land Act
1120 of 1904 located in eight different provinces (Cebu, Mindoro, Rizal
Cavite, Laguna, Bulacan, Bataan and Isabela); there were no such huge
public land to process under Cadastral Act 2259.
5) Conclusively, the Cadastral Land Registration proceeding was an
orchestrated act of land confiscation.
CANCELLATION OF TITLES
The investigation conducted by then LRC Commissioner Antonio Noblejas and
the late NBI Director Jolly Bugarin proved that there were massive issuances of
numerous fake land titles.
As a consequence, in 1964 the government represented by its Solicitor
General filed quieting and annulment of all titles ranging from OCT 01 to
100,000 utilizing Don Gregorio M. Acopiado’s titles; OCT 01-4, TCT Nos. 407,
408, 409 and 498. The court declared said numerous OCTs as null and void ab-
initio causing their cancellation pursuant to the original Decision with
Compromise Agreement in LRC/Civil Case No. 3957-P penned by then CFI Judge
Enrique A. Agana dated February 4, 1972. This is a judicial compromise between
the Republic of the Philippines represented at that time by Hon. Solicitor Felix
Makasiar, and Don Anacleto M. Acopiado which became final and executory on
April 4, 1972. The Clarificatory Decision dated November 4, 1975 was rectified
by the Clarificatory Order of January 19, 1976. Said judgments were
substantiated by Writ of Execution, First Alias, Second Alias rendered by Hon.
CFI Judge Enrique A. Agana, Branch XXVIII, Pasay City. The Third Alias Writ of
Execution, Possession and Demolition has been issued by RTC Judge Sofronio
Sayo, currently, Branch 111, Pasay City, all relative to original LRC/Civil Case No.
3957-P.
9

As a consequence, in 1964 the government represented by its Solicitor
General filed quieting and annulment of all titles ranging from OCT 01 to
100,000 utilizing Don Gregorio M. Acopiado’s titles; OCT 01-4, TCT Nos. 407,
408, 409 and 498. The court declared said numerous OCTs as null and void ab-
initio causing their cancellation pursuant to the original Decision with
CANCELLATION OF TITLES
Compromise Agreement in LRC/Civil Case No. 3957-P penned by then CFI Judge
Enrique A. Agana dated February 4, 1972. This is a judicial compromise between
the Republic of the Philippines represented at that time by Hon. Solicitor Felix
Makasiar, and Don Anacleto M. Acopiado which became final and executory on
April 4, 1972. The Clarificatory Decision dated November 4, 1975 was rectified
by the Clarificatory Order of January 19, 1976. Said judgments were
substantiated by Writ of Execution, First Alias, Second Alias rendered by Hon.
CFI Judge Enrique A. Agana, Branch XXVIII, Pasay City. The Third Alias Writ of
Execution, Possession and Demolition has been issued by RTC Judge Sofronio
Sayo, currently, Branch 111, Pasay City, all relative to original LRC/Civil Case No.
3957-P.
The Decision with Compromise Agreement is the defining document, a
formal expression of agreement between the government and the
acknowledged owner of the vast tracts of land, Don Anacleto M. Acopiado. It
settled once for all the issue of ownership over the lands covered by OCT 01-
4. This includes the government’s petition for the judicial reconstitution of OCT
01-4, TCT Nos. 407, 408, 409 and 498.
Note: By virtue of Royal Decree of 1891, the title to represent the Philippine
archipelago became Titulo Propiedad de Terrenos, Royal Degree 01-4. This
Spanish title, an Honorary Decree to the fourth degree relative of Don Esteban
Rodriguez de Figueroa (cousin of King Philip II) was rectified to OCT 01-4. It
became an indefeasible title under the Torrens system when it was validated by
the Land Registration Court, and was registered under the Land registration Act
Rodriguez de Figueroa (cousin of King Philip II) was rectified to OCT 01-4. It
became an indefeasible title under the Torrens system when it was validated by
the Land Registration Court, and was registered under the Land registration Act
496.
In order to strengthen the ownership covered by the Philippine Archipelago
CANCELLATION OF TITLES
and all other territories, historic right or legal title was integrated in Article I,
Section 1 of the 1973 Philippine Constitution.
On May 23, 1976, former President Ferdinand E. Marcos borrowed the
Spanish title. On May 28, 1977, President Marcos declared Presidential Decree
1143, stating in Section 8 that the title to represent the Philippine archipelago
is Titulo Propiedad de Terrenos, Royal Degree 01-4. He used the Spanish title,
instead of OCT 01-4, to resolutely conform to the factual meaning of historic
right or legal title. This will remain a remarkable validation that though
the Titulo Propiedad de Terrenos, Royal Degree 01-4 was converted in Torrens
system as OCT 01-4, utilization of the former, bound by historic right – a legal
title defining the Philippine territories – will leave a mark on us Filipinos
forever.
Said court decision became conclusively final and executory forty two (42)
years ago as per Entry of Judgment entered in the Book of Judgment on June 14,
1972. Hence, claimants holding OCT 01 to 100,000 and its derivatives, including
the Republic of the Philippines are barred by estoppel and res judicata.
The execution of judgment is imprescriptible as cited in pages 129 and 130 of
the Decision with Compromise Agreement and restated in page 31 of the Third
Alias Writ of Execution, Possession and Demolition.
Today’s Torrens titles being exhibited in court were all emanated from
allegedly alienable and disposable public lands and its existence was
11/17/2023
April 4, 1972. The Clarificatory Decision dated November 4, 1975 was rectified
by the Clarificatory Order of January 19, 1976. Said judgments were
substantiated by Writ of Execution, First Alias, Second Alias rendered by Hon.
CFI Judge Enrique A. Agana, Branch XXVIII, Pasay City. The Third Alias Writ of
Execution, Possession and Demolition has been issued by RTC Judge Sofronio
CANCELLATION OF TITLES
Sayo, currently, Branch 111, Pasay City, all relative to original LRC/Civil Case No.
3957-P.
The Decision with Compromise Agreement is the defining document, a
formal expression of agreement between the government and the
acknowledged owner of the vast tracts of land, Don Anacleto M. Acopiado. It
settled once for all the issue of ownership over the lands covered by OCT 01-
4. This includes the government’s petition for the judicial reconstitution of OCT
01-4, TCT Nos. 407, 408, 409 and 498.
Note: By virtue of Royal Decree of 1891, the title to represent the Philippine
archipelago became Titulo Propiedad de Terrenos, Royal Degree 01-4. This
Spanish title, an Honorary Decree to the fourth degree relative of Don Esteban
Rodriguez de Figueroa (cousin of King Philip II) was rectified to OCT 01-4. It
became an indefeasible title under the Torrens system when it was validated by
the Land Registration Court, and was registered under the Land registration Act
496.
In order to strengthen the ownership covered by the Philippine Archipelago
and all other territories, historic right or legal title was integrated in Article I,
Section 1 of the 1973 Philippine Constitution.
On May 23, 1976, former President Ferdinand E. Marcos borrowed the
Spanish title. On May 28, 1977, President Marcos declared Presidential Decree
1143, stating in Section 8 that the title to represent the Philippine archipelago
system as OCT 01-4, utilization of the former, bound by historic right – a legal
title defining the Philippine territories – will leave a mark on us Filipinos
forever.
Said court decision became conclusively final and executory forty two (42)
CANCELLATION OF TITLES
years ago as per Entry of Judgment entered in the Book of Judgment on June 14,
1972. Hence, claimants holding OCT 01 to 100,000 and its derivatives, including
the Republic of the Philippines are barred by estoppel and res judicata.
The execution of judgment is imprescriptible as cited in pages 129 and 130 of
the Decision with Compromise Agreement and restated in page 31 of the Third
Alias Writ of Execution, Possession and Demolition.
Today’s Torrens titles being exhibited in court were all emanated from
allegedly alienable and disposable public lands and its existence was
overwhelmingly refuted in the investigative work The Torrens System: A
Gateway for the “Flooding” of Fake Land Titles. Moreover, its date of original
registration under Torrens system will further magnify its inherent defect: “A
title of no probative origin.”
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BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

➢ AN ACT TO PROVIDE FOR THE ADJUDICATION AND
REGISTRATION OF TITLES TO LANDS IN THE PHILIPPINE
ISLANDS

BASIC LAWS UNDER THE ➢ The short title of this Act shall be “The Land Registration
Act.”
TORRENS SYSTEM OF LRA ➢ A court is hereby established to be called the “Court of
REGISTRATION LRA
(ACT NO. 496) Land Registration,” which shall have exclusive jurisdiction
of all applications for the registration under this Act of title
to land or buildings or an interest therein within the
Philippine Islands, with power to hear and determine all
questions arising upon such applications, and also have
CADASTRAL jurisdiction over such other questions as may come before
it under this Act, subject, however, to the right of appeal,
ACT No. 2259 as hereinafter provided.
BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

ORIGINAL REGISTRATION ORIGINAL REGISTRATION

SEC. 19. Application for registration of title may be made Sec.20. The application may be filed with the clerk of the
by the following persons, namely: Court of Land Registration, or with the register of deeds of
the province or city in which the land or any portion
First. The person or persons claiming, singly or collectively, thereof lies.
to own the legal estate in fee simple. SECTION 42. The certificate first registered in pursuance of
LRA Second. The person or persons claiming, singly or LRA the decree of registration in regard to any parcel of land
LRA LRA
(ACT NO. 496) collectively, to have the power of appointing or disposing (ACT NO. 496) shall be entitled in the registration book, "original
of the legal estate in fee simple. certificate of title
Third. Infants or other persons under disability may make SECTION 46. No title to registered land in derogation to
application by their legally appointed guardians, but the that of the registered owner shall be acquired by
person in whose behalf the application is made shall be prescription or adverse possession.
CADASTRAL named as applicant by the guardian. CADASTRAL
ACT No. 2259 Fourth. Corporations may make application by any officer ACT No. 2259
duly authorized by vote of the directors

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BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

CONVEYANCE FEE CONVEYANCE FEE

SECTION 57. An owner desiring to convey in fee his registered SECTION 57. …. That no new certificate to a grantee of a part
land or any portion thereof shall execute a deed of only of the land shall be invalid by reason of the failure of the
conveyance, in which the grantor or grantee may present to register of deeds to enter a new certificate to the grantor for
the register of deeds in the province where the land lies. The the remaining unconveyed portion: And provided further, That
grantor's duplicate certificate shall be surrendered, and the in case the land described in a certificate of title is divided into
LRA word "canceled" stamped upon it. The original certificate shall LRA lots, designated by numbers or letters, with measurements of
LRA LRA
(ACT NO. 496) also be stamped "canceled.“ (ACT NO. 496) all the bounds, and a plan of said land has been filed with the
SECTION 58. When a deed in fee is for a part only of the land clerk and verified pursuant to section forty-four of this Act,
described in a certificate of title, the register of deeds shall and a certified copy thereof is recorded in the registration
also enter a new certificate and issue an owner's duplicate to book with the original certificate, when the original owner
the grantor for the part of the land not included in the deed. makes a deed of transfer, enter on the original certificate and
CADASTRAL In every case of transfer the new certificate or certificates CADASTRAL on the owner's duplicate certificate a memorandum of such
ACT No. 2259 shall include all the land described in the original and ACT No. 2259 deed of transfer, with a reference to the lot or lots thereby
surrendered certificates: Provided, however….. conveyed as designated on such plan, and that the certificate
is canceled as to such lot or lots; ….
BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

CONVEYANCE FEE
LRA
SECTION 57. …. and every certificate with such memorandum (ACT NO. 496)
shall be effectual for the purpose of showing the grantor's title
to the remainder of the land not conveyed as if the old – it is a compulsory registration proceeding initiated by the
certificate had been canceled and a new certificate of such government to “settle and adjudicate” title to lands.
land had been entered; and such process may be repeated so – The Director of Lands gives notice to all persons of the date of
LRA long as there is convenient space upon the original certificate CADASTRAL survey for them to inform the surveyors of the boundaries of
LRA LRA
(ACT NO. 496) and the owner's duplicate certificate for making such ACT No. 2259 their claims.
memorandum of sale of lots. – Only unregistered lands may be the subject of survey. – All
SECTION 59. If at the time of any transfer there appear upon conflicting interests shall be adjudicated by the court and in the
the registration book encumbrances or claims adverse to the absence of successful claimants, the property is declared public
title of the registered owner, they shall be stated in the new land.
CADASTRAL certificate or certificates except so far as they may be CA No. 141
ACT No. 2259 simultaneously released or discharged.

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BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

LRA LRA
(ACT NO. 496) (ACT NO. 496)
Cadastral Registration Proceedings Cadastral Registration Proceedings
1. Determination of the President that public interest requires 7. Interested persons should communicate with the geodetic
title to unregistered lands be settled engineer if he requests for any information about the land
2. Director of lands shall make a cadastral survey 8. Actual survey/ plotting of the land
CADASTRAL
LRA
3. Director of Lands gives notice to interested persons CADASTRAL
LRA
9. Director of Lands represented by Solicitor General shall
ACT No. 2259 4. Publication of notice ACT No. 2259 institute original registration proceedings
5. A copy of the notice shall also be sent to the mayor and the 10. Publication, mailing posting
sanggunian 11. Hearing
6. Geodetic engineers/ Bureau of Land employees shall notify 12. Decision
(re: survey) by posting at the municipal building 13. Issuance of the decree and certificates of title
CA No. 141 CA No. 141
BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

CADASTRAL CADASTRAL
Classification of Land of the Public Domain
ACT No. 2259 UNDER THE PUBLIC LAND ACT (ATM)
ACT No. 2259
1. Alienable/disposable (TERA) If patent or title is issued for inalienable lands, such patent
a. Agricultural or title is void. Not subject to acquisitive prescription; even
b. Residential, commercial, industrial if in possession for long time, will not ripen into ownership.
c. Educational, charitable
CA No.
LRA 141
d. Town sites and for public and quasi-public uses
CA No.
LRA 141 Only those classified as alienable lands can be disposed for
patent or title.
2. Timber lands – inalienable
3. Mineral lands – inalienable
PD No. 1529 PD No. 1529

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BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

CADASTRAL CADASTRAL
ACT No. 2259 Executive power to classify ACT No. 2259 Executive power to classify

The classification of public lands is a function of the The classification of public lands is a function of the
executive branch of government. executive branch of government.

CA No.
LRA 141 The President upon the recommendation of Secretary of CA No.
LRA 141 The President upon the recommendation of Secretary of
DENR will have to first classify lands of public lands as DENR will have to first classify lands of public lands as
alienable and disposable (agricultural lands) before it could alienable and disposable (agricultural lands) before it could
be open to disposition or concession. be open to disposition or concession.

PD No. 1529 PD No. 1529

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

Delegated Functions

CADASTRAL Land Management Bureau Administration and distribution of public lands, Land CADASTRAL Inalienable Lands (Non-registrable)
ACT No. 2259 Director of Lands classification and release of lands of the public domain as
alienable and disposable (A and D) -approve survey plans for
ACT No. 2259
original registration purposes. Signs patents for 10-12 1) Intended for public use such as roads, canals, torrents,
hectares for homestead and free patents ports, bridges constructed by the State
Regional Executive Director Regional Executive Director (RED) 2) Patrimonial property of the state (i.e. friar lands)
(RED) 3) Forest lands (PD 705, Revised Forestry Code)
CA No.
LRA 141 Regional Technical Director -Approves and signs maps and plans for public land CA No.
LRA 141 4) Watersheds
(RTD) subdivision, cadastral and isolated surveys -approves 5) Mangrove swamps
political boundary surveys
6) Mineral Lands (RA 7942, Philippine Mining Act of 1995)
Provincial, Environment and -Signs patents for areas up to 5 hectares for homestead and
Natural Resources Officer free patent -Issuance of certificate whether timber land or A 7) National Parks (RA 7586, NIPAS Act)
(PENRO) and D (above 50 hectares) 8) Foreshore lands and reclaimed lands
PD No. 1529 Community Environment and -Issues survey orders to conduct isolated surveys and for PD No. 1529 9) Submerged Areas
Natural Resources Officer subdivision of cadastral lots for patented and unpatented 10) Military or naval reservation
(CENRO) land -Issuance of certificate whether timber land or A and D
(below 50 hectares)

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ACT No. 2259 ACT No. 2259

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

CA No. 141 Subsequent Registration after the title was issued CA No. 141 Government actions affecting titles
PD 1529 Sec 52. Constructive notice upon registration. ATTACHMENT - a writ issued at the institution or during
progress of an action commanding the sheriff to attach the
Every conveyance, mortgage, lease, lien, attachment, order, property, rights, credits or effects of the defendant to satisfy
judgment, instrument or entry affecting registered land shall, if demands of the plaintiff
PD No.
LRA 1529
registered, filed or entered in the office of the Register of PD No.
LRA 1529
Examples: Garnishment- a court order directing that money or
Deeds for the province or city where the land to which it property of a third party be seized to satisfy a debt owed by a
relates lies, be constructive notice to all persons from the time debtor to a plaintiff creditor.
of such registering, filing or entering.

ACT No. 2259 ACT No. 2259

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

CA No. 141 NOTICE OF LIS PENDENS CA No. 141 ADVERSE CLAIM

A notice of lis pendens is an announcement to the whole world When a person claims any part or interest in registered land
that a particular real property is in litigation, serving as a adverse to the registered owner, after date of the original
warning that one who acquires an interest over the said registration.
PD No.
LRA 1529
property does so at his own risk or that he gambles on the PD No.
LRA 1529
It registered by filing with the Register of Deeds a sworn
result of the litigation of the said property. petition stating the basis of the right claimed 30 days from the
date of registration.

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ACT No. 2259 ACT No. 2259

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

CA No. 141 Purchaser in Good faith CA No. 141 Rules on Double Sale of Land

Rule: A forged deed is an absolute nullity and conveys no title. Ownership belongs to the person who:
1. In good faith first recorded the sale in the Registry of
EXCEPTION: If there is good faith, a TCT has already been issued Property; or
PD No.
LRA 1529
to the purchaser, the latter being an innocent purchaser for PD No.
LRA 1529
2. If there is no inscription of sale on the title, ownership
value according then the title is good. passes to the person who in good faith was first in
possession; or
3. In the absence thereof, to the person who presents the
oldest title, provided there is good faith.

ACT No. 2259 ACT No. 2259

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

Remedies of the Aggrieved Party Action for Reconveyance, when to file

CA No. 141 Motion for New Trial- 15 days from notice of judgment CA No. 141 before issuance of decree, or within/after 1 year from entry

Appeal-15 days from notice of judgment of new trial -if based on implied trust, 10 years;
-if based on expressed trust and void contract, imprescriptible
Relief from Judgment-60 days after petitioner learns of -if based on fraud, 4 years from the discovery of fraud
PD No.
LRA 1529 judgment, but not more than 6 months after judgment was PD No.
LRA 1529

entered

Petition for Review- due to extrinsic fraud, petition must be

filed within one year (1) form the issuance of the decree by LRA

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ACT No. 2259

BASIC LAWS UNDER THE TORRENS SYSTEM OF REGISTRATION

CA No. 141

Annulment of Judgment

Grounds: extrinsic fraud and lack of jurisdiction

LANDS NOT SUBJECT TO
PD No.
LRA 1529
If based on extrinsic fraud, file within 4 years from discovery.
REGISTRATION BY ANY PERSON

The 1987 Constitution - NATIONAL

ECONOMY AND PATRIMONY(ARTICLE XII)
Article XII, section 2 provides that– “All natural resources are owned
by the State” and the first kind of natural resources mentioned was
“all lands of the public domain” and among the lands of the public
Lands of the Public Domain domain, only agricultural land may be alienated, the other kind of
lands of the public domain shall not be alienated
Classification of Lands of the Public Domain – Forests, Mineral,
Agricultural Land & National Parks

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What is Public Domain Classification of Lands of the Public Domain

In the Philippines, the "public domain" refers to lands and natural Under the 1935 Constitution, lands of the public domain are classified
resources that are owned by the state or government and are not as
privately owned. These lands and resources are considered part of the 1) Agricultural;
public domain for the benefit and common good of the Filipino people.
The concept of the public domain is enshrined in the Philippine 2) Timber; and
Constitution and is governed by various laws and regulations. 3) Mineral land

Classification of Lands of the Public Domain Classification of Lands of the Public

Domain
Under the 1973 Constitution, lands of the public domain are classified into Under the 1987 Constitution, lands of the public domain are classified
1) Agricultural; into
2) Industrial; 1) Agricultural
3) Commercial; 2) Forest or Timber
4) Residential; 3) Mineral Lands
5) Resettlement; 4) National Parks
6) Mineral land;
7) Forest or Timber; and
8) Grazing land

18

Ordinary land registration
proceedings under PD 1529
(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
CHAPTER III-ORIGINAL REGISTRATION
domain under a bona fide claim of ownership since June 12, 1945,
ORDINARY REGISTRATION PROCEEDINGS
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
11/17/2023
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
A. APPLICATIONS
Section 14. Who may apply. The following persons may file in the
proper Court of First Instance an 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
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
(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.
Where the land has been sold under pacto de retro, the vendor a retro
may file an application for the original registration of the land,
provided, however, that should the period for redemption expire
during the pendency of the registration proceedings and ownership to
the property consolidated in the vendee a retro, the latter shall be
substituted for the applicant and may continue the proceedings.
A trustee on behalf of his principal may apply for original registration of
any land held in trust by him, unless prohibited by the instrument
creating the trust.
19
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(4) Those who have acquired ownership of land in any other manner
CHAPTER
provided forIII-ORIGINAL
by law. REGISTRATION CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION
Where the land is owned in PROCEEDINGS
common, all the co-owners shall file the ORDINARY REGISTRATION PROCEEDINGS
application jointly. Section 15. Form and contents. The application for land registration shall be
Where the land has been sold under pacto de retro, the vendor a retro in writing, signed by the application or the person duly authorized in his
may file an application for the original registration of the land, behalf, and sworn to before any officer authorized to administer oaths for the
provided, however, that should the period for redemption expire province or city where the application was actually signed. If there is more
during the pendency of the registration proceedings and ownership to than one applicant, the application shall be signed and sworn to by and in
the property consolidated in the vendee a retro, the latter shall be behalf of each. The application shall contain a description of the land and
substituted for the applicant and may continue the proceedings. shall state the citizenship and civil status of the applicant, whether single or
A trustee on behalf of his principal may apply for original registration of married, and, if married, the name of the wife or husband, and, if the
any land held in trust by him, unless prohibited by the instrument marriage has been legally dissolved, when and how the marriage relation
creating the trust. terminated. It shall also state the full names and addresses of all occupants of
the land and those of the adjoining owners, if known, and, if not known, it
shall state the extent of the search made to find them. The application, shall,
in form, be substantially as follows:

CHAPTER III-ORIGINAL REGISTRATION CHAPTER III-ORIGINAL REGISTRATION

ORDINARY REGISTRATION PROCEEDINGS ORDINARY REGISTRATION PROCEEDINGS

20
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CHAPTER III-ORIGINAL REGISTRATION CHAPTER III-ORIGINAL REGISTRATION

ORDINARY REGISTRATION PROCEEDINGS ORDINARY REGISTRATION PROCEEDINGS

CHAPTER III-ORIGINAL REGISTRATION CHAPTER III-ORIGINAL REGISTRATION

ORDINARY REGISTRATION PROCEEDINGS ORDINARY REGISTRATION PROCEEDINGS

21
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CHAPTER III-ORIGINAL REGISTRATION CHAPTER III-ORIGINAL REGISTRATION

ORDINARY REGISTRATION PROCEEDINGS ORDINARY REGISTRATION PROCEEDINGS
A. APPLICATIONS
Section 16. Non-resident applicant. If the applicant is not a resident of
the Philippines, he shall file with his application 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

service of any legal process in the proceedings under or growing out of application all original muniments of titles or copies thereof and a
the application made upon his agent or representative shall be of the survey plan of the land approved by the Bureau of Lands. The clerk of
same legal effect as if made upon the applicant within the Philippines. court shall not accept any application unless it is shown that the
CHAPTER III-ORIGINAL REGISTRATION
If the agent or representative dies, or leaves the Philippines, the
CHAPTER III-ORIGINAL
applicant has furnished the DirectorREGISTRATION
of Lands with a copy of the
ORDINARY REGISTRATION
applicant shall PROCEEDINGS
forthwith make another appointment for the substitute, ORDINARY REGISTRATION
application and all annexes. PROCEEDINGS
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 Section 18. Application covering two or more parcels. An application
shall be filed with the Court of First Instance of the province or city may include two or more parcels of land belonging to the applicant/s
where the land is situated. The applicant shall file together with the provided they are situated within the same province or city. The court
application all original muniments of titles or copies thereof and a may at any time order an application to be amended by striking out
survey plan of the land approved by the Bureau of Lands. The clerk of one or more of the parcels or by a severance of the application.
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 Section 19. Amendments. Amendments to the application including
provided they are situated within the same province or city. The court joinder, substitution, or discontinuance as to parties may be allowed by

22

one or more of the parcels or by a severance of the application.
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
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.
Sec. 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
Sec. 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
CHAPTER III-ORIGINAL
require the filing REGISTRATION
of any additional paper. It may also conduct an ocular
ORDINARY
inspection, ifREGISTRATION
necessary. PROCEEDINGS
Sec. 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.
11/17/2023
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.
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 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.
Sec. 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.
Sec. 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
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
B. PUBLICATION, OPPOSITION AND DEFAULT
Sec. 23. Notice of initial hearing, publication, etc. The court shall,
within five days from filing of the application, issue an order setting the
date and hour of the initial hearing which shall not be earlier than
forty-five days nor later than ninety days from the date of the order.
The public shall be given notice of the initial hearing of the application
for land registration by means of
(1) publication;
(2) mailing; and
(3) posting.
23
 11/17/2023

Sec. 23. Notice of initial hearing, publication, etc. The court shall,
within five days from filing of the application, issue an order setting the
CHAPTER
date and hour of III-ORIGINAL REGISTRATION
the initial hearing which shall not be earlier than CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION
forty-five days nor later thanPROCEEDINGS
ninety days from the date of the order. ORDINARY REGISTRATION PROCEEDINGS
The public shall be given notice of the initial hearing of the application
for land registration by means of 1. By publication.
(1) publication; Upon receipt of the order of the court setting the time for initial
hearing, the Commissioner of Land Registration shall cause notice of
(2) mailing; and initial hearing to be published once in the Official Gazette and once in a
(3) posting. newspaper of general circulation in the Philippines: Provided, however,
that the publication in the Official Gazette shall be sufficient to confer
jurisdiction upon the court. Said notice shall be addressed to all
persons appearing to have an interest in the land involved including the
adjoining owners so far as known, and "to all whom it may concern".
Said notice shall also require all persons concerned to appear in court
at a certain date and time to show cause why the prayer of said
1. By publication. application shall not be granted.
Upon receipt of the order of the court setting the time for initial

1. By publication.
Upon
CHAPTER receipt ofIII-ORIGINAL
the order of the court setting the time for initial
REGISTRATION CHAPTER III-ORIGINAL REGISTRATION
hearing, the Commissioner of Land Registration shall cause notice of
ORDINARY REGISTRATION
initial hearing PROCEEDINGS
to be published once in the Official Gazette and once in a ORDINARY REGISTRATION PROCEEDINGS
newspaper of general circulation in the Philippines: Provided, however,
that the publication in the Official Gazette shall be sufficient to confer 2. By mailing.
jurisdiction upon the court. Said notice shall be addressed to all
persons appearing to have an interest in the land involved including the (a) Mailing of notice to persons named in the application. The
adjoining owners so far as known, and "to all whom it may concern". Commissioner of Land Registration shall also, within seven days
Said notice shall also require all persons concerned to appear in court after publication of said notice in the Official Gazette, as
at a certain date and time to show cause why the prayer of said hereinbefore provided, cause a copy of the notice of initial hearing
application shall not be granted. to be mailed to every person named in the notice whose address is
known.

24

CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
(b) Mailing of notice to the Secretary of Public Highways, the Provincial
Governor and the Mayor. If the applicant requests to have the line
of a public way or road determined, the Commissioner of Land
Registration shall cause a copy of said notice of initial hearing to be
mailed to the Secretary of Public Highways, to the Provincial
Governor, and to the Mayor of the municipality or city, as the case
may be, in which the land lies.
(c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor
CHAPTER
General, theIII-ORIGINAL REGISTRATION
Director of Lands, the Director of Public Works, the
ORDINARY
DirectorREGISTRATION PROCEEDINGS
of Forest Development, the Director of Mines and the
Director of Fisheries and Aquatic Resources. If the land borders on a
river, navigable stream or shore, or on an arm of the sea where a
river or harbor line has been established, or on a lake, or if it
otherwise appears from the application or the proceedings that a
tenant-farmer or the national government may have a claim
adverse to that of the applicant, notice of the initial hearing shall be
given in the same manner to the Secretary of Agrarian Reform, the
Solicitor General, the Director of Lands, the Director of Mines
and/or the Director of Fisheries and Aquatic Resources, as may be
appropriate.
11/17/2023
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
(c) Mailing of notice to the Secretary of Agrarian Reform, the Solicitor
General, the Director of Lands, the Director of Public Works, the
Director of Forest Development, the Director of Mines and the
Director of Fisheries and Aquatic Resources. If the land borders on a
river, navigable stream or shore, or on an arm of the sea where a
river or harbor line has been established, or on a lake, or if it
otherwise appears from the application or the proceedings that a
tenant-farmer or the national government may have a claim
adverse to that of the applicant, notice of the initial hearing shall be
given in the same manner to the Secretary of Agrarian Reform, the
Solicitor General, the Director of Lands, the Director of Mines
and/or the Director of Fisheries and Aquatic Resources, as may be
appropriate.
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
3. By posting. The Commissioner of Land Registration shall also cause a
duly attested copy of the notice of initial hearing to be posted by the
sheriff of the province or city, as the case may be, or by his deputy, in a
conspicuous place on each parcel of land included in the application
and also in a conspicuous place on the bulletin board of the municipal
building of the municipality or city in which the land or portion thereof
is situated, fourteen days at least before the date of initial hearing. The
court may also cause notice to be served to such other persons and in
such manner as it may deem proper.
25
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CHAPTER III-ORIGINAL REGISTRATION CHAPTER III-ORIGINAL

ORDINARY REGISTRATION PROCEEDINGS
The notice of initial hearing shall, in form, be substantially as follows:
(Caption and Title)
NOTICE OF INITIAL HEARING
To (here insert the names of all persons appearing to have an interest
and the adjoining owners so far as known, and to all whom it may
concern):
An application (or petition) having been filed in the above-entitled case
by (full name and address) praying for the registration and confirmation
(or for the settlement and adjudication, in case of petition in cadastral
proceedings) of title to the following described lands:
The notice of initial hearing shall, inREGISTRATION
form, be substantially as follows:
ORDINARY REGISTRATION(Caption
PROCEEDINGS
and Title)
NOTICE OF INITIAL HEARING
To (here insert the names of all persons appearing to have an interest
and the adjoining owners so far as known, and to all whom it may
concern):
An application (or petition) having been filed in the above-entitled case
by (full name and address) praying for the registration and confirmation
(or for the settlement and adjudication, in case of petition in cadastral
proceedings) of title to the following described lands:

(Insert description)
CHAPTER III-ORIGINAL REGISTRATION CHAPTER
You are hereby III-ORIGINAL
served this notice toREGISTRATION
appear before this Court at its
ORDINARY REGISTRATION PROCEEDINGS ORDINARY REGISTRATION
session to be PROCEEDINGSon the ______________ day
held at _________________
of _______________, 19 ______, at _____________ o'clock in the
(Insert description) _________ then and there to present such claims as you may have to
You are hereby served this notice to appear before this Court at its said lands or any portion thereof, and to submit evidence in support of
session to be held at _________________ on the ______________ day such claim; and unless you appear at said Court at the time and place
of _______________, 19 ______, at _____________ o'clock in the aforesaid, your default will be recorded and the title to the lands will be
_________ then and there to present such claims as you may have to adjudicated and determined in accordance with law and the evidence
said lands or any portion thereof, and to submit evidence in support of before the Court, and thereafter you will forever be barred from
such claim; and unless you appear at said Court at the time and place contesting said application (or petition) or any decree entered thereon.
aforesaid, your default will be recorded and the title to the lands will be
adjudicated and determined in accordance with law and the evidence
before the Court, and thereafter you will forever be barred from
contesting said application (or petition) or any decree entered thereon.

26

CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Witness, the Hon. ________________________ Judge of the Court of
First Instance of _______ this _______ day of _________________, in
the year 19______. Attest: Commissioner of Land Registration
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 25. Opposition to application in ordinary proceedings. Any person
claiming an interest, whether named in the notice or not, may appear
and file an opposition on or before the date of initial hearing, or within
such further time as may be allowed by the court. The opposition shall
state all the objections to the application and shall set forth the interest
claimed by the party filing the same and apply for the remedy desired,
and shall be signed and sworn to by him or by some other duly
authorized person. If the opposition or the adverse claim of any person
covers only a portion of the lot and said portion is not properly
delimited on the plan attached to the application, or in case of
undivided co-ownership, conflicting claims of ownership or possession,
or overlapping of boundaries, the court may require the parties to
submit a subdivision plan duly approved by the Director of Lands.
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CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 24. Proof of publication and notice. The certification of the
Commissioner of Land Registration and of the sheriff concerned to the
effect that the notice of initial hearing, as required by law, has been
complied with shall be filed in the case before the date of initial
hearing, and shall be conclusive proof of such fact.
Sec. 25. Opposition to application in ordinary proceedings. Any person
claiming an interest, whether named in the notice or not, may appear
and file an opposition on or before the date of initial hearing, or within
CHAPTER III-ORIGINAL
such further time as may be allowedREGISTRATION
by the court. The opposition shall
state all theREGISTRATION
ORDINARY PROCEEDINGS
objections to the application and shall set forth the interest
claimed by the party filing the same and apply for the remedy desired,
and shall be signed and sworn to by him or by some other duly
authorized person. If the opposition or the adverse claim of any person
covers only a portion of the lot and said portion is not properly
delimited on the plan attached to the application, or in case of
undivided co-ownership, conflicting claims of ownership or possession,
or overlapping of boundaries, the court may require the parties to
submit a subdivision plan duly approved by the Director of Lands.
27

CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 26. Order of default; effect. If no person appears and answers
within the time allowed, the court shall, upon motion of the applicant,
no reason to the contrary appearing, order a default to be recorded
and require the applicant to present evidence. By the description in the
notice "To all Whom It May Concern", all the world are made parties
defendant and shall be concluded by the default order. Where an
appearance has been entered and an answer filed, a default order shall
be entered against persons who did not appear and answer.
see to it that all registration-proceedings are disposed or within ninety
days from the date the case is submitted for decision, The Court, if it
deems necessary, may refer the case or any part thereof to a referee
CHAPTER
who shall hearIII-ORIGINAL REGISTRATION
the parties and their evidence, and the referee shall
submit his report thereon to the Court within fifteen days after the
ORDINARY REGISTRATION PROCEEDINGS
termination of such hearing. Hearing before a referee may be held at
any convenient place within the province or city as may be fixed by him
and after reasonable notice thereof shall have been served the parties
concerned. The court may render judgment in accordance with the
report as though the facts have been found by the judge himself:
Provided, however, that the court may in its discretion accept the
report, or set it aside in whole or in part, or order the case to be
recommitted for further proceedings:
Sec. 28. Partial judgment. In a case where only a portion of the land
subject of registration is contested, the court may render partial
judgment provided that a subdivision plan showing the contested and
11/17/2023
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
C. HEARING JUDGMENT AND DECREE OF REGISTRATION
Sec. 27. Speedy hearing; reference to a referee. The trial court shall
see to it that all registration-proceedings are disposed or within ninety
days from the date the case is submitted for decision, The Court, if it
deems necessary, may refer the case or any part thereof to a referee
who shall hear the parties and their evidence, and the referee shall
submit his report thereon to the Court within fifteen days after the
termination of such hearing. Hearing before a referee may be held at
any convenient place within the province or city as may be fixed by him
and after reasonable notice thereof shall have been served the parties
concerned. The court may render judgment in accordance with the
report as though the facts have been found by the judge himself:
Provided, however, that the court may in its discretion accept the
Provided, however, that the court may in its discretion accept the
report, or set it aside in whole or in part, or order the case to be
recommitted for further proceedings:
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 28. Partial judgment. In a case where only a portion of the land
subject of registration is contested, the court may render partial
judgment provided that a subdivision plan showing the contested and
uncontested portions approved by the Director of Lands is previously
submitted to said court.
Sec. 29. Judgment confirming title. All conflicting claims of ownership
28

CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 29. Judgment confirming title. All conflicting claims of ownership
and interest in the land subject of the application shall be determined
by the court. If the court, after considering the evidence and the
reports of the Commissioner of Land Registration and the Director of
Lands, finds that the applicant or the oppositor has sufficient title
proper for registration, judgment shall be rendered confirming the title
of the applicant, or the oppositor, to the land or portions thereof.
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 31. Decree of registration. Every decree of registration issued by
the Commissioner shall bear the date, hour and minute of its entry, and
shall be signed by him. It shall state whether the owner is married or
unmarried, and if married, the name of the husband or wife: Provided,
however, that if the land adjudicated by the court is conjugal property,
the decree shall be issued in the name of both spouses. If the owner is
under disability, it shall state the nature of disability, and if a minor, his
age. It shall contain a description of the land as finally determined by
the court, and shall set forth the estate of the owner, and also, in such
manner as to show their relative priorities, all particular estates,
mortgages, easements, liens, attachments, and other encumbrances,
including rights of tenant-farmers, if any, to which the land or owner's
estate is subject, as well as any other matters properly to be
determined in pursuance of this Decree. The decree of registration
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CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 30. When judgment becomes final; duty to cause issuance of
decree. The judgment rendered in a land registration proceedings
becomes final upon the expiration of thirty days to be counted from
the data of receipt of notice of the judgment. An appeal may be taken
from the judgment of the court as in ordinary civil cases. After
judgment has become final and executory, it shall devolve upon the
court to forthwith issue an order in accordance with Sec. 39 of this
Decree to the Commissioner for the issuance of the decree of
registration and the corresponding certificate of title in favor of the
person adjudged entitled to registration.
however, that if the land adjudicated by the court is conjugal property,
the decree shall be issued in the name of both spouses. If the owner is
under disability, it shall state the nature of disability, and if a minor, his
CHAPTER III-ORIGINAL
age. It shall contain a description ofREGISTRATION
the land as finally determined by
ORDINARY REGISTRATION
the court, and shall set forthPROCEEDINGS
the estate of the owner, and also, in such
manner as to show their relative priorities, all particular estates,
mortgages, easements, liens, attachments, and other encumbrances,
including rights of tenant-farmers, if any, to which the land or owner's
estate is subject, as well as any other matters properly to be
determined in pursuance of this Decree. The decree of registration
shall bind the land and quiet title thereto, subject only to such
exceptions or liens as may be provided by law. It shall be conclusive
upon and against all persons, including the National Government and
all branches thereof, whether mentioned by name in the application or
notice, the same being included in the general description "To all whom
it may concern".
29

CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 32. Review of decree of registration; Innocent purchaser for
value. The decree of registration shall not be reopened or revised by
reason of absence, minority, or other disability of any person adversely
affected thereby, nor by any proceeding in any court for reversing
judgments, subject, however, to the right of any person, including the
government and the branches thereof, deprived of land or of any estate
or interest therein by such adjudication or confirmation of title
obtained by actual fraud, to file in the proper Court of First Instance a
petition for reopening and review of the decree of registration not later
than one year from and after the date of the entry of such decree of
registration, but in no case shall such petition be entertained by the
court where an innocent purchaser for value has acquired the land or
an interest therein, whose rights may be prejudiced. Whenever the
phrase "innocent purchaser for value" or an equivalent phrase occurs
obtained by actual fraud, to file in the proper Court of First Instance a
petition for reopening and review of the decree of registration not later
than one year from and after the date of the entry of such decree of
CHAPTER
registration, butIII-ORIGINAL REGISTRATION
in no case shall such petition be entertained by the
ORDINARY
court whereREGISTRATION PROCEEDINGS
an innocent purchaser for value has acquired the land or
an interest therein, whose rights may be prejudiced. Whenever the
phrase "innocent purchaser for value" or an equivalent phrase occurs
in this Decree, it shall be deemed to include an innocent lessee,
mortgagee, or other encumbrancer for value. Upon the expiration of
said period of one year, the decree of registration and the certificate of
title issued shall become incontrovertible. Any person aggrieved by
such decree of registration in any case may pursue his remedy by
action for damages against the applicant or any other persons
responsible for the fraud.
11/17/2023
judgments, subject, however, to the right of any person, including the
government and the branches thereof, deprived of land or of any estate
or interest therein by such adjudication or confirmation of title
CHAPTER III-ORIGINAL REGISTRATION
obtained by actual fraud, to file in the proper Court of First Instance a
ORDINARY
petition for REGISTRATION PROCEEDINGS
reopening and review of the decree of registration not later
than one year from and after the date of the entry of such decree of
registration, but in no case shall such petition be entertained by the
court where an innocent purchaser for value has acquired the land or
an interest therein, whose rights may be prejudiced. Whenever the
phrase "innocent purchaser for value" or an equivalent phrase occurs
in this Decree, it shall be deemed to include an innocent lessee,
mortgagee, or other encumbrancer for value. Upon the expiration of
said period of one year, the decree of registration and the certificate of
title issued shall become incontrovertible. Any person aggrieved by
such decree of registration in any case may pursue his remedy by
action for damages against the applicant or any other persons
responsible for the fraud.
CHAPTER III-ORIGINAL REGISTRATION
ORDINARY REGISTRATION PROCEEDINGS
Sec. 33. Appeal from judgment, etc. The judgment and orders of the
court hearing the land registration case are appealable to the Court of
Appeals or to the Supreme Court in the same manner as in ordinary
actions:
Sec. 34. Rules of procedure. The Rules of Court shall, insofar as not
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 11/17/2023

CHAPTER III-ORIGINAL REGISTRATION

ORDINARY REGISTRATION PROCEEDINGS

Sec. 34. Rules of procedure. The Rules of Court shall, insofar as not
inconsistent with the provision of this Decree, be applicable to land
registration and cadastral cases by analogy or in a suppletory character
and whenever practicable and convenient.

31