REMEDIES AVAILABLE IN

LAND REGISTRATION CASES

 Section 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 xxx deprived of land xx by actual fraud xx
 Sec. 32 PD 1529

• Xx 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 xxx
 Sec. 32 PD 1529
• 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.
 Review of Decree of Registration
• Petitioner must have an interest in the land
• Petitioner must show actual fraud or extrinsic fraud
• Petition must be filed within one year from the issuance of
decree of registration
• Property has not been transferred to an innocent purchaser for
value
 Extrinsic vs Intrinsic Fraud
• Extrinsic –fraudulent act of the party in a litigation which is committed
outside the trial of the case against the defeated party, whereby said party
is prevented from presenting fairly his side of the case.
• Intrinsic – acts of the party in a litigation during the trial, such as use of
forged document or perjured testimony which did not affect the
presentation of the case, but prevent a fair and just determination of the
case.
 Innocent Purchaser for Value

• One who buys the property of another, without notice

that some other person has a right to or interest in such
property and pays the full and fair price for the same.
• Also includes innocent “lessee” and “mortgagee”
 Mirror Doctrine

• One who deals with property registered under the Torrens system
need not go beyond the same, but only has to rely on the title, he is
charged with notice only of such burden and claims as are annotated
on the title. (Santos v CA 160 SCRA 550)
 Exception
• When the party has actual knowledge of facts and
circumstances that would impel a reasonably cautious man to
make such an inquiry
• When the purchaser has knowledge of a defect or lack of title in
his vendor or of sufficient facts to induce a reasonable man to
inquire into the status of the title of the property in litigation
 Reconveyance
• Section 53 Xxx In all cases of registration procured by fraud, the owner
may pursue all his legal and equitable remedies against the parties to such
fraud without prejudice, however, to the rights of any innocent holder for
value of a certificate of title. After the entry of the decree of registration
on the original petition or application, any subsequent registration
procured by the presentation of a forged duplicate certificate of title, or a
forged deed or other instrument, shall be null and void.
 Reconveyance
• Property has been wrongfully or erroneously registered in another’s name
• May be availed after one year from the issuance of a decree of registration
• Property has not yet passed to innocent purchaser for value
 Forged deed conveys no title
• Section 53 Xxx
• any subsequent registration procured by the
presentation of a forged duplicate certificate of title, or
a forged deed or other instrument, shall be null and
void.
 When may a forged document become
a root of a valid title?

• The certificate of title has already been transferred from the

name of the true owner to the name of the forger or the name
indicated by the forger
• The purchaser must be an innocent purchaser for value
• As between two innocent persons, one of whom must
suffer the consequence of a breach of trust, the one who
made it possible by his act of confidence must bear the
loss. (Dela Cruz vs Fabie, 35 Phil. 144 {1916})
 Action for Damages (Sec. 32)
• May be filed after the issuance of a decree of registration
• May be instituted simultaneously or as part of the prayer in action for
reconvenyance
• Filed against the person who registered the property thru fraud either
actual or constructive
 Section 95. Action for compensation from
funds 
• A person who, without negligence on his part, sustains loss or damage, or
is deprived of land under the operation of the Torrens system or arising
after original registration of land, through fraud or in consequence of any
error, omission, mistake or misdescription xx
• and who xx is barred or otherwise precluded under the provision of any
law from bringing an action for the recovery of such land or the estate or
interest therein, may bring an action in any court of competent jurisdiction
for the recovery of damages to be paid out of the Assurance Fund.
 Recovery from the Assurance Fund
• Special fund for the compensation for losses sustained under
the Torrens system.
• 1/4 of 1% of the assessed value of property
• Filed when remedies are no longer available
• Applicant is not guilty of laches or negligence
CERTIFICATE OF TITLE
 CERTIFICATE OF TITLE
• A document proving ownership over a parcel or parcels of land which is issued only by the
Office of the Register of Deeds concerned.

• Original Certificate of Title (OCT) – first title issued to a parcel of land. It can be acquired
thru judicial or administrative procedures.
• Transfer Certificate of Title (TCT) – subsequent titles issued after original registration.
• Reconstituted Title (RO/RT) – title issued through administrative or judicial procedures in
replacement of those lost, missing or destroyed.
Kinds of Certificate of Title
 Section 47. Registered land not subject to prescriptions 

• No title to registered land in derogation of the title

of the registered owner shall be acquired by
prescription or adverse possession.
 Section 48. Certificate not subject to collateral attack 

• A certificate of title shall not be subject to collateral

attack. It cannot be altered, modified, or canceled
except in a direct proceeding in accordance with
law.
Section 53. Presentation of owner's duplicate
upon entry of new certificate
• No voluntary instrument shall be registered by the
Register of Deeds, unless the owner's duplicate
certificate is presented with such instrument, except in
cases expressly provided for in this Decree or upon order
of the court.
• The production of the owner's duplicate certificate,
whenever any voluntary instrument is presented for
registration, shall be conclusive authority from the
registered owner to the Register of Deeds x x
 Section 108. Amendment and alteration of
certificates
• No erasure, alteration, or amendment shall be made upon the
registration book after the entry of a certificate of title or of a
memorandum thereon and the attestation of the same be Register
of Deeds, except by order of the proper Court of First Instance.
 Grounds invoked under Sec. 108
• that the registered interests have terminated and ceased; or
• that new interest not appearing upon the certificate have arisen or
been created; or
• that an omission or error was made in entering a certificate or any
memorandum thereon, or, on any duplicate certificate; or
• that the registered owner has married, or, if registered as married, that
the marriage has been terminated and no right or interests of heirs or
creditors will thereby be affected;
 Section 109. Notice and replacement of
lost duplicate certificate
• In case of loss or theft of an owner's duplicate certificate of title, due
notice under oath shall be sent by the owner or by someone in his
behalf to the Register of Deeds of the province or city where the land
lies as soon as the loss or theft is discovered. If a duplicate certificate
is lost or destroyed, or cannot be produced by a person applying for
the entry of a new certificate to him or for the registration of any
instrument, a sworn statement of the fact of such loss or destruction
may be filed by the registered owner or other person in interest and
registered xx
 Section 109. Notice and replacement of
lost duplicate certificate
• Upon the petition of the registered owner or other person in
interest, the court may, after notice and due hearing, direct the
issuance of a new duplicate certificate, which shall contain a
memorandum of the fact that it is issued in place of the lost
duplicate certificate xx
 Section 110. Reconstitution of lost or
destroyed original of Torrens title
• Original copies of certificates of title lost or destroyed in the offices
of Register of Deeds as well as liens and encumbrances affecting
the lands covered by such titles shall be reconstituted judicially in
accordance with the procedure prescribed in Republic Act No. 26
xx
• The procedure relative to administrative reconstitution of lost or
destroyed certificate prescribed in said Act is hereby abrogated.
• Reconstitution – is the restoration of the instrument or title allegedly
lost or destroyed in its original form and condition.
Republic Act No. 26   Sept. 25, 1946
AN ACT PROVIDING A SPECIAL PROCEDURE FOR THE RECONSTITUTION OF
TORRENS CERTIFICATES OF TITLE LOST OR DESTROYED

• Petitioner may not in filing the petition for reconstitution seek the
change of ownership nor seek the issuance of writ of possession.
 inoperative/abrogated
(Sec 6 of RA 6732)
• Section 6 (RA 26). The register of deeds may motu propio
reconstitute a certificate of title from its corresponding owner's
duplicate, and, for this purpose, may compel the registered owner,
or any person holding such owner's duplicate, to surrender the
same to the registry of deeds. After the reconstitution said owner's
duplicate shall be returned to the person concerned.
• Register of Deeds vs RTC Malabon 181 SCRA 788, 792
• RA No. 6732             July 17, 1989
• AN ACT ALLOWING ADMINISTRATIVE RECONSTITUTION OF ORIGINAL
COPIES OF CERTIFICATES OF TITLES LOST OR DESTROYED DUE TO
FIRE, FLOOD AND OTHER FORCE MAJEURE
• 1. Number of damaged titles is at least 10% of the total number of
titles lost
• 2. In no case the number of damaged or lost titles be less than 500