mBEDAN RED BOOK

L:.I Vofumo 11Sario:. or 2020/21 (Cl

a. Voluntarily takes charge or the agency or management of the business Q: What is the probative value of a Torrens Title?
or property of another; ANS: A Torrens title :s incontrovertible against any "informat on possessoria" or title
b. Without any power from lhe latter. existing prior to the iss-uance thereof not annotated on the title (C.',ing v. CA. G.R. No.
Note: Once the gestor or officious manager has assumed the agency or 59731, January 11, 1990).
management of the business or property, he shall be o:iliged to contir.ue The certificate of title serves as evidence of an indefeasible title to the property in
such agency or management until the termination or the affair an:l i:s favor of the person whose name appears therein. Aijer the expiration of the one (1) year
incidents, or to require the person concerned to substitute him (CIV!L period from the issuance of the decree of registration upon which it is based, it becomes
CODE, Art. 2144); Reimbursement must be made to the gestor for incontrovertible (P.O. 1529, Sec. 32, par. 2: Ybanez v. /AC, G_q_ No. 68291, March 6,
necessary and useful expenses (CIVIL CODE, Art. 21.50). 1991).
2. Sotutio indebiti - exists when:
a. Something is received; CERTIFICATE OF TITLE
b. When there is no right to demand it; and
Q: What is a "certificate of title"?
c. It was unduly delivered through mistake. ANS: A certificate of title is the transcript of the decree of regislration made by lhe
Note: Consequently, the obligation to return it arises (CIVIL CODE, Art. registrar of deeds in :he registry. (Mano/Ok Really, Inc. v. CL T .~ealty Development
2154). Corp., G.R. Nos. 123346 & 134385 (Resolution), December 14. 2007).
Q: When is negotiorum gestio not applicable? Q: What are the two kinds ·of Torrens Certificate of Title?
ANS: In the following cases, negotiorum gestion does not apply: . . ANS: The following are the'two kinds of Torrens Certificate of T tie:
1. When the property or business is not neglected or abandcned, the following 1. Original Certilicate of Title - it consists or one or ginal copy filed in the
provisions of !he Civil Code regarding unauthorized contr.;.cts shall govern: Register or Deeds and the owner's duplicate cert;ficate delivered to the
a. No one may contract in the name of another without being a_uthc-rized ovmer•(P.D. 7529, Sec. 39).
by the latter, or unless he has by law a right to rep·esent horn (CIVIL 2. Transfer Certificate of Title - the subsequent certificate of title that may be
CODE, Art. 1317); issued by !he Register of Deeds pursuant to any voluntary or involuntary
b. Those entered into the name or another person by on.e who has been instrument relating,'to the same land (P.D. 1529, Sec. 44).
given no authority or legal representation, or who has acted beyond his
powers (CIVIL CODE, Art. 1403 (1)); Q: What are the liens that affect the certificate of title?
c. Unauthorized contracts are governed by Article 1317 and the principles ANS: Generally, the 'registered ovmer recei'ling a certificate of titl,:;i in pursuance of a
of agency in Title X of this Book JV (CIVIL CODE, Art 1404). decree of registration, and every subsequen1·:purchaser of r<:,gis:.ered land taking a
2. If in fact the manager llas been tacitly authorized by the owner, in which certificate or title for 'lalue and in good faith, shall hold the same free from all
case the rules on agency shall govern (CIVIL CODE, Art. 2144). encumbrances. The following are the exceptions. Le. :;tatutor:;, lie-is:
1. Liens noted in said certificate;
2. Liens, 'claims or rights arising or existing under the la\·,s and Constitution of
the Philippines which are not by law raquir<:d to a·,pear of record in lhe
Registry of Deeds in order to be,.valid ayainst subsequent purchasers or
A. TORRENS SYSTEM encumbrancers of reco{d;
3. Unpaid real esta.te taxes .levied ;,nci asS(;!;S<:d within two years immediately
CONCEPTAND BACKGROUND preceding the acquisition· of any right over the land by an innocent
Q: What is the effect of registration under the Torrens System? purchaser f-:>r value, without prejudice lo the right ur the government to
ANS: Registration merely confirms ownership and does not create it (Heirs of Doronio collect laxes payable before that p<::riod frorn tloe delinquent taxpilyer alone;
v. Heirs of Doronio, G.R. No. 1G9,154, December 27, 2007). 4. Any public highway or private way established or r1::c,:,gni:,:c,d by I.iw, or any
government irrigation canal or laleral thereof, if tlor, c<,rlificate of title does
Q: What is the real purpose of the Torrens System of registration-:> not stale that the boundaries of such hiyl,way or irriu.iLiun can.ii or loteral
ANS: The real purpose of that system is to quiet title to land; to put a stop forever to thereof have been determined; ancJ
any question of the legality of the title, except claims which were noted al the time of 5. Any disposition of the property or limitation on ttie use lhc:muf I,y virlue or, or
registration, in the certificute, or which may arise subsequent thereto. Once a title is pursuant lo, Presidential Decree No. 27 o~ any other la,w or regulations on
registered the owner may rest secure, without the necessity of Wiliting in the portals of agrarian rerorm (P.O. 1529, Sec. 44).
the court, or sitting in the "mirador de su casa," to avoid the possibilit:,, of losing his land
(Logarda v. Saleeby, G.R. No. L-8936, October 2, 1915). Q: What are the distinctions between title-and Certificate of title?
ANS: The certificate referred to is that document issued by the Register of Deeds
Q: What Is the nature of registration under the Torrens System? known as the Transfer Certificate of Title (TCT). By title, the law refers to ownership
ANS: Judicial proceedings for the registration or lands throughout the Philippines srall which is represented by that document. Placing a parcel of land under tl:le mantle or the
be in rem and shall be based on the generally accepted principles underlying the Torrens system does not mean that ownership thereof can no lcnger be disputed.
Torrens system (P.O. 1529, Sec. 2). Ownership is different from a certificate of title. The TCT is on!y the best proof of
ownership of a piece of land (Torbela v. Rasario, G.R. No. 140528, December 7, 2011).