Prac 1 Land Registration

PRAC 1 LAND REGISTRATION
Q: What are the governing laws with respect to land registration?

A: RA No. 6732- with respect to Administrative Registration
P.D 1529- Torrens Title
RA 26- Judicial Registration
Q: What court has jurisdiction over land registration?
Q: In the land registration proceedings is the assessed value of the property required?
A: No. because
Note: The Rule on incapable of pecuniary estimation applies only to civil cases.
Q: How do you define land registration?
A: Land Registration is a judicial or administrative proceeding whereby a person claims ownership
over a specific real property is determined, confirmed or defined or recognized.
Q: What is the purpose?
A: to establish ownership but for purposes of (in the public registry)
Q: From the definition of Land Registration, the definition states that it can either be a judicial or
administrative proceeding. From that definition the two kinds of land registration are?
A: 1. Administrative
2. Judicial
Q: What do you mean by a judicial land registration proceeding?
A: Is a proceeding where it is filed by a party in court.
Take note: Incidentally this judicial land registration has two kinds.
Q: And the first one is?
A: 1. Ordinary Judicial Land Registration
2. Cadastral
Q: How do you distinguish one from the other?
A: In Ordinary Judicial Land Registration- filing a petition in court by the person who is claiming
ownership over the property. While in Cadastral Land Registration (may lupa nakatiwangwang
ang gagawin doon isusurvey and the government now will file a petition in court and the notices
is done by publication. Ang sinasabi ng notices diyan, yung mga taong may claim sa ownership
over a specific property you will file your opposition. If not, under the Cadastral land registration
pag natituluhan ng gobyerno after the survey the property now will be form part of the public
domain.)
Q: Administrative Land registration is governed by RA 6732 and under the same Administrative
land registration is defined as?
A: (discussion) ang Sistema ng administrative land registration ganito, alam niyo ba mga patents
patents? Ang gagawin diyan, yung lupa ng gobyerno the procedure since administrative you have
to make a procedureto sa DENR after that the DENR will issue now a patent. Normally ang mga
free patent galling yan sa grant. Q: Ano ang grant? takes property sa public domain. Sabi ng state
let’s dispose this ipamigay sa mga mahihirap. Ang pagpunta sa mga mahihirap from the public
domain normally ginagamit patent. It is gratuitous on the part of the government. And from the
DENR the property will be registered now under the name of the beneficiaries of the patent.
Q: From a judicial land registration you came across of the concept of Original Certificate of Title
and Transfer Certificate of Title. What is the difference or distinction between the two?
A: (discussion) may property ang gobyerno public domain sabi ni digong by legislative grant let’s
dispose that pag unang transfer yan from the Gov’t ang tawag diyan OCT or Original Certificate
of Title. From there pag nagkaroon ng conveyance which can either be a donation or deed of
sale, yung subsequent non TCT na yan or Transfer Certificate of Title hindi na siya pwedeng
maging OCT.
*Both are issued by the Registry of deeds and both are issued to the owner
Q: Distinction between a Petition for Issuance of Owners Duplicate and a Petition for
Reconstitution. Where lies the distinction?
A: the First distinction is with respect to Law applicable. The law applicable when it comes from
Petition for Issuance of Owners Duplicate is PD1529 Sec. 109. While Petition for Reconstitution
is governed by RA. 26
Second, with respect to what copy was lost and who has the possession of the title. *there are
two copies of title one is given to the owner and the other is in the Registry of deeds. Ang Owners
Duplicate of Title ay transfer certificate of title ay nawala in possession of the owner or any
person who has interest over the property (nawala, nasunog, nadestroy). Whereas in
Reconstitution, TCT ang nawala but this title was in possession of the Register of Deeds.
Jurisdiction: RTC where the property is located being a real action. (title to or possession of
property) and the only way is by judicial proceeding
Q: Petition for Issuance of Owners Duplicate, under sec. 109 what are the requisites?
A: 1. The TCT in possession of the owner was lost or destroyed
2. Due notice under oath.
Q: What do you mean by due notice under oath?
A: That is what contemplated by sec. 109 by PD 1529 is the existence of an Affidavit of loss
3. It must be filed in the court where the property is situated
Q: Contents of the petition following sec. 109 are:
*In all proceedings whether civil, criminal, special the CAPTION is there
*Sec. 109 applies only to Petition for Issuance of Owners Duplicate
*This is a petition that can be likened to a complaint for purposes of applying the rules but with
certain allegations specifically under land registration the due notice under oath or the proof of
loss must be alleged.
First allegation, the personal circumstances of the party involved.
Second, the identification/description of property.
Third, the circumstances or facts of loss.
Fourth, the affidavit of loss must be annotated and registered.
Lastly, the fact that the property is not mortgaged or encumbered.
Take Note: the title that was lost is the copy of the owner. Parehas yan ng complaint
Republic of the Philippines
National Capital Judicial Region
Regional Trial Court
Manila City
A,
Petitioner (take note this is a petition because in essence land registration is a special proceeding
case)
vs. Case No.:
Register of Deeds, For:
Respondent
Petitioner by counsel respectfully states that:

1. (personal circumstances of petitioner) Petitioner, Filipino of legal age and resident of
2. (personal circumstances of RD) Respondent, Register of Deeds is a government agency
entrusted with issuing of certificate of title
3. That the petitioner is the registered owner of the subj property situated at
____________ under a Original Certificate of Title ________ particularly describes as
follows:
4. (the fact of the loss) the TCT was burned (affidavit of loss) the house was burned
on_______ and kasama sa mga nasunog yung copy TCT which prompting the petitioner
to executes an affidavit of loss dated _______ then attach.
5. (That the affidavit of loss must be registered in RD) the said affidavit of loss was
annotated with an entry number of ____________
6. The Property was not mortgaged or encumbered.
7. Applicable laws
Premises considered, it is respectfully prays that after due notice and hearing the Tranfer
Certificate of Title under no. 12345 be issued in favor of the petitioner.
Other equitable relief are likewise prayed for.
DATE & PLACE

SIGNATURE
ROLL
IBP
PTR
MCLE
ADDRESS
TEL No.
Verification and Certification against Forum shopping
Signed by Petitioner
JURAT
(No copy furnished)
PETITION FOR RECONSTITUTION

*Magkakaiba lang sa fact of loss (no affidavit of loss)----------RD only issues a certification that the
title was lost. (yan lang itatach niyo but same allegation)
*Prayer: that the title no. 12345 is in possession of the Registry of Deed is deemed reconstituted.

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PRAC 1 LAND REGISTRATION

Q: What are the governing laws with respect to land registration?

Petitioner by counsel respectfully states that:

Other equitable relief are likewise prayed for.

DATE & PLACE

PETITION FOR RECONSTITUTION

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