LTD Notes

244 2005 CENTRALIZED BAR OPERATIONS
LAND TITLES &

DEEDS
LAND REGISTRATION
 Purposes: TORRENS TITLE
1. To quiet title to land and to  Certificate of ownership issued
stop forever any question as by the Register of Deeds, naming
to the legality of said title. and declaring the owner of the
2. To provide a means of real property described therein,
publication free from all liens and
encumbrances except such as
TORRENS SYSTEM may be expressly noted thereon
 A system for registration of land or otherwise reserved by law.
under which, upon the
landowner’s application, the  Conclusive against the whole
court may, after appropriate world, including the government
proceedings, direct the issuance and to a holder thereof in good
of a certificate of title. faith, it is guaranteed to be
indefeasible, unassailable, and
 Purposes: imprescriptible.
1. To avoid possible conflicts of title
regarding real property,  Title once registered cannot be
2. To facilitate transactions relative impugned, altered, changed,
thereto by giving the public the modified, enlarged, or
right to rely upon the face of the diminished except in some direct
Torrens certificate of title and to proceeding permitted by law.
dispense with the need of
inquiring further  Probative Value: Torrens Title
EXCEPT when the party concerned may be received in evidence in
has actual knowledge of facts and all courts of the Philippines, and
circumstances that should imply a shall be conclusive as to all
reasonably cautious man to make matters contained therein,
such further inquiry. principally the identity of the
owner of the covered land
NOTE: thereby.
 Registration was never intended
as a means of acquiring MODES OF ACQUIRING TITLE:
ownership. (Republic vs. CA, 131 (PREPA2ID)
SCRA 539). 1. Public grant
 Registration is not equivalent to  based on the Public Land
title. Under the Torrens system, Acts
registration only gives validity to  obtained through issuance of
the transfer or creates a lien Spanish Gov’t. of Royal Grants
upon the land. It was not and concessions to discoverers
established as a means of and settlers.
acquiring title to the private land 2. Reclamation
because it merely confirms, but  filling up of parts of the sea for
does not confer, ownership (Lu conversion to land.
vs Manipon, 381 SCRA 788)  The SC has ruled that only the
 Lands granted under Spanish National Government may
Mortgage Law which are not yet engage in reclamation projects.
covered by certificate of title (Republic vs. CA, 299 SCRA 199;
under Torrens System are P.D. 3-A.)
considered as unregistered 3. Emancipation patent or grant
lands. (Sec. 3 P.D. 1529)
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
 based on P.D. No. 27 (CARP no effect because subject is

of 1972) gone.
 for the purpose of 7. Involuntary alienation
ameliorating the sad plight of  E.g. eminent
farmers and of domain/expropriation
8. Descent or devise
 By descent, title is acquired
when an heir succeeds the
deceased owner in testate or
releasing them from the intestate.
bondage of the soil.  By devise, person acquires
4. Private grant or voluntary land from one who may not be a
transfer relative, if he is named in the
5. Adverse possession or deceased’s will.
prescription
 Adverse possession – actual Administration of the Torrens
possession of land in opposition System
to all other claimants. 1. Land Registration Authority
 Prescription – possession of (LRA)
land for required number of  Agency of the government
years and assertion of ownership charged with the execution of
through an interrupted actual laws relative to the registration
possession of property within the of lands and under executive
period of time prescribed by law. supervision of DOJ. (Sec. 4 P.D.
6. Accretion 1529)
 3 Requisites for accretion:
a) deposition of soil or sediment  Functions of the
be gradual and Administrator:
imperceptible; a. Issue decrees of registration
b) result of the action of waters pursuant to final judgments
of the river; of the courts in land
c) land where accretion takes registration proceedings and
place is adjacent to bank of cause the issuance by the
rivers or sea coast. Registers of Deeds of the
 Accretion does not corresponding certificates of
automatically become title.
registered. It needs new b. Exercise supervision and
registration. control over all Registers of
 Accretions on the bank of a Deeds and other personnel of
lake, like Laguna de Bay, belong the Commission.
to the owners of the estate to c. Resolve cases elevated en
which they have been added, consulta by or on appeal
while accretion on the sea bank from the decision of the
still belongs to the public Register of Deeds
domain, and is not available for d. Exercise executive
private ownership until formally supervision over all clerks of
declared by the government to court and personnel of the
be no longer needed for public courts with respect to the
use. (Republic vs. Amanda vda. discharge of their duties and
De Castillo, 163 SCRA 286) functions in relation to the
 Registration does not protect registration of lands
the riparian owner against e. Implement all orders,
diminution of land through decisions, and decrees
accretion. If alluvium is wiped promulgated relative to the
away, registration is rendered of registration of lands and
CHAIRPERSONS
San Beda College of Law
246
MEMORY AID IN CIVIL LAW
issue, subject to the approval Instances when RD may deny

of the Secretary of Justice, all registration:
needful rules and regulations 1. Where there are more than 1
f. Verify and approve copy of the owner’s duplicate
subdivision, consolidation, certificate of title and not all
and consolidation-subdivision such copies are presented in the
survey plans of properties Register of Deeds
titled under Act 496 and PD 2. Where the voluntary instrument
1529 except those covered bears on its face infirmity
by PD 957. 3. Where the validity of the
g. Acts as clerk of court in land instrument sought to be
registration proceedings registered is in issue in a
pending court suit
2. Register of Deeds (RD) 4. When the document is not
 The public repository of records verified and notarized (Gallardo
of instruments affecting vs. IAC, 155 SCRA 248)
registered or unregistered lands Note:
and chattel mortgages in the  A deed of sale executed in a
province or city wherein such place other than where the
office is located. (Sec. 10, P.D. property is located does not
1529) affect extrinsic validity of the
instrument as long as the notary
 Function: To immediately public concerned has authority
register an instrument presented to acknowledge the document
for registration dealing with real executed within his territorial
or personal property which jurisdiction.
complies with all the requisites  Notarial acknowledgment
for registration. attaches full faith and credit to
DOCTRINES: document and vests upon it
 The function of the Register of presumption of regularity. (Sales
Deeds with reference to the vs. CA, 211 SCRA 885, 865)
registration of deeds,
encumbrances, instruments and Ways of Registering Title
the like is ministerial in nature 1. Judicial
(Baranda vs. Gustilo, 165 SCRA  filing of petition with the
757) regular
 The law on registration does not courts
require that only valid  issuance of a decree by LRA
instruments shall be registered.  issuance of Original
If the purpose of registration is Certificate of Title (OCT) by
merely to give notice, then Register of Deeds
questions regarding the effect or
invalidity of instruments are 2. Administrative
expected to be decided after, not  filing of application at
before registration. It must CENRO/ PENRO
follow as a necessary  forwarded to the Reg.
consequence that registration Director and/or DENR for the
must first be allowed, and issuance of patent and
validity or effect litigated Register of Deeds for
afterwards. (Almirol vs. The issuance of OCT
Register of Deeds of Agusan, 22
SCRA 1152) Registrable Lands:
1. Alienable public agricultural
lands
CIVIL LAW COMMITTEE
 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
2. Private lands 2. Involuntary – cadastral

proceedings
Non-registrable lands:  compulsory registration
 Those found in Civil Code initiated by the government,
provisions dealing with non- to adjudicate ownership of
registrable properties (e.g. land
property of public dominion)  involuntary on the part of the
claimants but they are
 Specific kinds of non- compelled to substantiate
registrable properties or their claim or interest
lands: through an answer
a. Forest or timberland, public
forest, & forest reserve A. REQUISITES (STEPS) IN
b. Mangrove swamps ORDINARY LAND REGISTRATION
c. Mineral lands PROCEEDINGS (P.D. 1529): (SFS-
d. Foreshore land & seashore TP-SFH-PIEST)
NOTE: Foreshore land is the  The following requisites must
strip of land that lies between also be complied with in the
the high and low water marks confirmation of imperfect or
and is alternatively wet and dry incomplete title under Section 48
according to the flow of the tide. (b) of the Public Land Act
It is part of the public domain 1. Survey of the land by the Bureau
and not susceptible of disposition of Lands or a duly licensed
except by lease (Roble vs. private surveyor;
Arbase) NOTES:
e. Navigable rivers, streams &  must be drawn in a tracing
creeks cloth plan
f. Lakes
g. Military Reservations  approved ONLY by the
h. Watershed Director of Land Management
i. Grazing lands (authority of LRA to approve
j. Previously titled land such plan was withdrawn by
k. Alluvial deposit along river P.D. 239 dated July 9, 1983)
when man-made
2. Filing of Application for
SYSTEMS OF REGISTRATION Registration by the applicant;
NOTES:
1. ORIGINAL REGISTRATION  always at the RTC of the
UNDER PD NO. 1529 province, city or municipality
 NATURE: proceeding brought where property is situated.
before the Regional Trial Court  it is then indorsed to the MTC
( as a land registration court) to if there is no controversy
determine title or ownership of over the land or its value is
land on the basis of an less than P100,000
application for registration or  in cases of delegated
answer by a claimant in a jurisdiction to the MTC,
cadastral registration. appeal is direct to the Court
 Kinds of Original Registration of Appeals
1. Voluntary – by filing with the  Bureau of Land must always
proper court be furnished with a copy of
a) Under P.D. No. 1529 the petition and all pertinent
(Property Registration documents
Decree)  If land is situated between
b) Under Sec. 48 of CA No. 141, boundaries of two provinces,
Public Land Act application must be filed:
CHAIRPERSONS
248
a) boundaries are not defined 10. Issuance of decree or order by

– in the RTC of the place the court declaring the decision
where it is declared for final and instructing the Land
taxation purposes; Registration Authority to issue a
b) boundaries are defined – Decree of Confirmation and
separate plan for each Registration;
portion must be made by NOTES:
surveyor and a separate  it is not the court BUT the
application for each lot must LRA which issues the decree
be filed with appropriate RTC. of confirmation and
3. Setting of date for initial hearing registration
by the court;  1 year after issuance of
4. Transmittal of Application and decree, it becomes
date of initial hearing together incontrovertible and
with all documents or other amendments of the same will
evidences attached thereto by not be allowed except merely
the Clerk of Court to the Land in case of clerical errors.
Registration Authority;  Decree of registration may be
5. Publication of Notice of Filing of reviewed on the ground of
Application and date and place fraud and must be filed
of hearing once in the Official within 1 year from entry of
Gazette and once in a newspaper the decree.
of general circulation in the 11. Entry of Decree in the Land
Philippines; Registration Authority;
NOTES: NOTE: This serves as the
 it is at this point that the reckoning date to determine the
court acquires jurisdiction 1-year period from which one
over the subject matter can impugn the validity of the
 this is done by the registration.
Administrator who acts as the 12. Sending of copy of Decree to the
clerk of court corresponding Register of Deeds;
6. Service of Notice upon and
contiguous owners, occupants 13. Transcription of Decree in the
and those known to have registration book and issuance of
interest in the property by the Owner’s Duplicate Original
sheriff; Certificate of Title of the
7. Filing of Answer or Opposition to applicant by the Register of
Application by any person Deeds upon payment of the
whether named in the notice or prescribed fees.
not;
8. Hearing of the case by the court; B. Persons Who May Apply for
NOTES: Registration: (Sec. 14, PD No.
 Republication or amendment 1529)
of technical description of 1. Those who, by themselves or
land is necessary when there through their predecessors-in-
is substantial increase of the interest, have been in open,
area of the land. If increase is continuous, exclusive and
merely minimal, no notorious possession and
republication is needed. occupation of alienable and
(Benin vs. Tuason, 57 SCRA disposable lands of the public
531) domain under a bona fide claim
9. Promulgation of judgment by the of ownership since June 12,
court; 1945, or earlier;
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
2. Those who have acquired 2. A mortgagee or his successor in

ownership of private lands by interest to the mortgage,
prescription under the provisions notwithstanding the lapse of the
of existing laws; period for the mortgagor to pay
3. Those who have acquired the loan secured to redeem it.
ownership of private lands or Reason: such act would amount
abandoned river beds by right of to a pactum commissorium
accession or accretion; and which is against good morals and
4. Those who have acquired public policy. [Reyes vs. Sierra,
ownership of land in any other 93 SCRA 472, 480 (1979)]
manner provided for by law. 3. An antichretic creditor cannot
NOTES: also acquire by prescription the
 All these persons must be land surrendered to him by the
natural-born Filipino Citizens. debtor. Reason: His possession
However, by way of is not in the concept of owner.
exception, juridical persons [Ramirez vs. CA, 144 SCRA 292,
may apply for registration of 301 (1996)]
leased agricultural and 4. A person or entity whose claim of
disposable lands not ownership to land had been
exceeding 1,000 hectares in previously denied in a
area for a period of 25 years reivindicatory action. [Kidpales
and renewable for not more vs. Baguio Mining Co., 14 SCRA
than 25 years. (Sec. 3, 913, 916, 918 (1965)]
Chapter XII, 1987
Constitution) D. Amendments to application
 Notwithstanding the that require publication
prohibition in the 1973 and RULES:
1987 Constitutions against  The court may order, at any
private corporations holding time, an application to be
lands of the public domain amended by striking out one or
except by lease, still a more of the parcels of land
private corporation may applied for or by a severance of
institute confirmation the publication (Sec. 18 P.D.
proceedings under Section 1529)
48(b) of Public Land Act if, at  Amendments to the application
the time of institution of the including joinder, substitution, or
registration proceedings, the discontinuance as to the parties
land was already private may be allowed by the court at
land. (Dir. of Lands vs. IAC any stage of the proceedings
and ACME Plywood, 146 upon just and equitable terms.
SCRA 509) In such cases, publication is not
necessary.
C. Persons who cannot file an  Publication and notice are
application for registration necessary where the
1. A public land sales applicant amendment to the application
insofar as the land covered by consists in:
his sales application is a. substantial change in the
concerned. Reason: he boundaries
acknowledged that he is not the b. an increase in the area of the
owner of the land and that the land applied for
same is public land. [Palawan c. the inclusion of additional
Agricultural and Industrial Co., land
Inc. vs. Dir. of Lands, 44 SCRA 15 NOTE:
(1972)]  purpose of the new
publication is to give notice
CHAIRPERSONS
250
to all persons concerned instrument or court writ or

regarding the amended process.
application. Without a new
publication, the registration  Scope of Subsequent dealings
court cannot acquire with registered land
jurisdiction over the area Voluntar Involuntar
covered by the original y y
application, and the decision Dealings Dealings
of the registration court 1. Refer to Refer to
would be a nullity insofar as Concept deeds, such writ
the decision concerns the instrument order or
newly included land. (Benin s or process
vs. Tuason, 57 SCRA 531) documents issued by a
 an amendment due to which are court of
change of name of the results of record
applicant does not require the free affecting
republication [Dir. of Lands and registered
vs. IAC, 219 SCRA 399, 345 voluntary land which
(1993)] acts of the by law
parties should be
2. SUBSEQUENT REGISTRATION thereto registered
 Where incidental matters after to be
original registration may be effective,
brought before the land and also to
registration court by way of such
motion or petition filed by the instruments
registered owner or a party in which are
interest. not the
 Rules as to the necessity and willful acts
effects of registration in general of the
a. Except a will that purports to registered
convey or affect a registered owner and
land, the mere execution of which may
deeds of sale, mortgages, have been
leases or other voluntary executed
documents serves only 2 even
purposes: (1) as a contract without his
between the parties thereto knowledge
and (2) as evidence of or against
authority to the RD to his consent.
register such documents 2. Kinds - sale -
b. It is only the act of - real attachment
registering the instrument in property -
the Register of Deeds of the mortgage mandamus
province of city where the - lease - sale on
land lies which is the - pacto de execution
operative act that conveys retro sale of
ownership or affects the land -extra- judgement
insofar as third persons are judicial or sales for
concerned. settlement taxes
c. The act of registration - free - adverse
creates a constructive notice patent/ claims
to the whole world of such homestead - notice of
voluntary or involuntary - powers of lis pendens
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
attorney indicates in quest for any

- trusts hidden defect or inchoate
3. Effects An Entry right that may subsequently
of innocent thereof in defeat his right thereto. (Fule
registrati purchaser the day vs. Legare. GR No. 17951)
on for value book of the  The exception to the above
of Register of rule is embodied in the case
registered Deeds is of Dela Merced vs. GSIS (365
land sufficient SCRA 1) where the court
becomes notice to all ruled that “when the
the persons purchaser or mortgagee is a
registered even if the financing institution, the
owner the owner’s general rule that a purchaser
moment duplicate or mortgagee of the land is
he certificate of not required to look further
presents title is not than what appears on the
and files a presented to face of the title does not
duly the Register apply.
notarized of Deeds.  Every person dealing with
and valid registered land may safely
deed of rely on the correctness of the
sale and certificate of title issued
the same therefore and the law will in
is entered no way oblige him to go
in the day behind the certificate to
book and determine the condition of
at the the property. Even if a
same time decree in a registration
he proceeding is infected with
surrenders nullity, still, an innocent
or purchaser for value relying
presents on a Torrens title issued in
the pursuance thereof is
owner’s protected (Cruz vs. CA &
duplicate Suzara, 281 SCRA 491)
certificate  Although generally a forged
of title or fraudulent deed is a nullity
covering and conveys no title,
the land however, there are instances
sold. when such a fraudulent
document may become the
Rules and Doctrines: root of a valid title. One such
1. Voluntary Dealings instance is where the
 In voluntary sale of land, the certificate of title was already
registration of the instrument transferred from the name of
is the operative act that the true owner to the forger,
transmits or transfers title. and while it remained that
 Where there is nothing on the way, the land was
certificate of title to indicate subsequently sold to an
any cloud or vice in the innocent purchaser. (Fule vs
ownership of the property, or Legare)
any encumbrance thereon,  In the case of Tomas vs.
the purchaser is not required Tomas (GR No. L-36897) the
to explore further than what Supreme Court ruled that
the Torrens title upon its face above rule cannot be applied
CHAIRPERSONS
252
where the owner still holds a

valid and existing certificate 2. Involuntary Dealings
of title covering the same  Involuntary dealings affecting
property because the law registered land which must be
protects the lawful holder of registered:
a registered title over the a. attachments
transfer of a vendor, bereft of b. sale on execution or for taxes
any transmissible right or for any assessment
 Well settled is the rule that c. adverse claim
all persons dealing with d. notice of lis pendens
property covered by Torrens
certificate of title are not  Claim or interest is adverse
required to go beyond what when:
appears on the face of the a. claimant’s right or interest in
title. When there is nothing registered land is adverse to the
on the COT indicating any registered owner;
cloud or vice in the b. such right arose subsequent
ownership of the property, or to date of original registration;
any encumbrance thereon, c. no other provision is made in
the purchaser is not required the Decree for the registration of
to explore further than what such right or claim
the Torrens Title upon its (Sec. 70, 1st par., P.D. 1529)
face indicates in quest for  Formal requisites of an adverse
any hidden defect or claim for purposes of
inchoate right that may registration:
subsequently defeat his right a) adverse claimant must state
thereto. [Centeno vs CA, 139 the following in writing:
SCRA 545, 555 (1985)] 1) his alleged right or
Exceptions for applicability: interest
1) purchaser in bad faith 2) how and under whom
[Egao vs. CA, 174 SCRA 484, such alleged right or
492 (1989)]; interest is acquired
2) sufficiently strong 3) the description of the
indications to impel closer land in which the right or
inquiry into the location, interest is claimed
boundaries and condition of 4) the certificate of title
the lot. (Francisco vs. CA 153 number
SCRA 330, 336, 337); b) such statement must be
3) where a person buys land signed and sworn to before a
not from the registered notary public
owner but from one whose c) claimant shall state his
right to the land has been residence or place to which
merely annotated on the all notices may be served
COT. (Quiniano vs. CA 39 upon him
SCRA 221);  an adverse claim is a notice to
4) purchaser of land the third persons that someone is
certificate of title contains a claiming an interest on the
notice of lis pendens; property or has a better right
5) purchaser with full than the registered owner
knowledge of flaws and thereof, and that any transaction
defects in the title.(Bernales regarding the disputed land is
vs. IAC 166 SCRA 519, 524; subject to the outcome of the
Lu vs. Manipon, 381 SCRA dispute (Sajonas vs CA, [GR No.
788) 102377, July 5, 1996)
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
 notice of lis pendens is intended not bear out the main allegations
to constructively advise, or warn of the complaint
all people who deal with the 4. where the continuances of the
property that they so deal with it trial are unnecessarily delaying
at their own risk, and whatever the determination of the case to
rights they may acquire in the the prejudice of the defendant
property in any voluntary 5. upon verified petition of the
transaction are subject to the party who caused the
results of the action, and may registration thereof
well be inferior and subordinate 6. it is deemed cancelled after final
to those which may be finally judgment in favor of defendant,
determined and laid down or other disposition of the action
therein. (Heirs of Maria such as to terminate all rights of
Marasigan vs IAC. 152 SCRA the plaintiff to property involved.
253).
JUDICIAL CONFIRMATION OF
Notice of lis pendens is proper IMPERFECT OR INCOMPLETE
in the following cases: TITLE
1. to recover possession of real  Applicants:
estate 1. Filipino citizens who by
2. to quiet title thereto themselves or through their
3. to remove clouds upon the title predecessors-in-interest have
thereof been in open, continuous,
4. for partition, and exclusive and notorious
5. any other proceeding of any kind possession and occupation of
in court directly affecting the alienable and disposable
title to the land or the use of lands of public domain under
occupation thereof or the a bona fide claim of
building thereon. acquisition since June 12,
1945 or prior thereto or since
When notice of lis pendens time immemorial (CA No.
inapplicable: (PAPAL) 141, Section 48, as amended
1. proceedings for the recovery of by PD No. 1073, Sec. 4).
money judgments 2. Filipino citizens who by
2. attachments themselves or their
3. proceedings on the probate of predecessors-in-interest have
wills been, prior to the effectivity
4. administration of the estate of of PD 1073 on January 25,
deceased persons 1977, in open, continuous,
5. levies on execution exclusive and notorious
6. Foreclosure possession and occupation of
agricultural lands of the
NOTE: notice of lis pendens may be public domain, under a bona
cancelled in the following cases fide claim of acquisition of
before final judgment upon order of ownership, for at least 30
the court: years, or at least since
1. when it is shown that the notice January 24, 1947 (RA No.
is for the purpose of molesting 1942).
the adverse party 3. Private corporations or
2. when it is shown that it is not associations which had
necessary to protect the right of acquired lands from Filipino
the party who caused the citizens who had possessed
registration thereof the same in the manner and
3. where the evidence so far for the length of time
presented by the plaintiff does
CHAIRPERSONS
254
indicated in paragraphs 1 effectivity of this amendatory act

and 2 above shall be treated as having been
4. Natural-born citizens of the filed in accordance with the
Philippines who have lost provisions of this Act.”
their citizenship and who has
the legal capacity to enter Filing of Application (Extent of
into a contract under Jurisdiction)
Philippine laws may be a GENERAL RULE: Application for
transferee of private land up land registration shall be filed with
to a maximum area of 5,000 the RTC of the province or city
sq,m, in case of urban land or where the land is situated.
3 hectares in case of rural DOCTRINES:
land to be used by him for  PD No. 1529 has eliminated the
business or other purposes. distinction between the general
(Section 5, RA No. 8179) jurisdiction vested in the RTC
and the limited jurisdiction
NOTE: When the conditions set by conferred upon it by the former
law are complied with, the possessor law when acting merely as land
of the land, by operation of law, registration court. Aimed at
acquires a right to a grant, a avoiding multiplicity of suits, the
government grant, without the change has simplified
necessity of a certificate of the title registration proceedings by
being issued. The law, as presently conferring upon the regional trial
phrased, requires that possession of courts the authority to act not
lands of the public domain must be only on original applications but
from June 12, 1945 or earlier, for the also those filed after original
same to be acquired through judicial registration, with power to hear
confirmation of imperfect title. and determine all questions
(Republic vs Doldol. 295 SCRA 359) arising upon such applications or
petitions. (Averia vs. Caguioa.
 Applicant Must Prove: 146 SCRA 459 ; Ignacio vs CA
1. That the land is alienable and 246 SCRA 242)
disposable land of public domain;  The issues raised before the RTC
and sitting as a land registration or
2. That they have been in open, cadastral court involved
continuous, exclusive, and substantial or controversial
notorious possession and matters and, consequently,
occupation of the land for the beyond said court’s jurisdiction.
length of time and in the manner The issues may be resolved only
and concept provided by law. by a court of general jurisdiction.
 Extended period for filing of Thus, petitions under Secs. 75
application: Section 1, RA No. and 108 of PD 1529 can be taken
9176 provides in part that “The cognizance of by the RTC sitting
time to be fixed in the entire as a land registration or
archipelago for the filing of cadastral court but relief under
applications under this chapter said sections can only be
shall not extend beyond 31 granted if there is unanimity
December 2020. Provided that among the parties, or that there
the area applied for does not is no adverse claim or serious
exceed twelve (12) hectares.” objection on the part of any
party in interest; otherwise, the
 Section 3 of RA No. 7196 case becomes controversial and
provides that “All pending should be threshed out in an
applications filed before the ordinary case or in the case
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
where the incident properly addition, but on the contrary, a

belongs. (Tagaytay-Taal vs. CA. reduction of the original area
273 SCRA 182) that was published, no new
publication is required. [Republic
 EXCEPTION: Delegated vs. CA, 71 SCRA 665 (1996)]
Jurisdiction of the MTC to hear and  Publication alone in newspaper
determine cadastral or land of general circulation would not
registration cases covering lots suffice to confer jurisdiction to
where there is no controversy or RTC. It must be published in the
opposition, or contested lots, the Official Gazette in order that
value of which does not exceed jurisdiction to court be conferred.
P100,000.00
2. Mailing
Publication, Mailing, and Posting  Mailing of the Notice of Hearing
Requirements: (PMP)  Administrator of Land
- compliance is mandatory and Registration Authority shall
jurisdictional [Republic vs. cause a copy of the notice of
Marasigan, 198 SCRA 219 (1991)] initial hearing of the application
to be mailed to the following:
1. Publication of notice of initial a) Every person named in the
hearing notice whose address is
 Official Gazette and newspaper known
of general circulation (Sec. 23, b) Secretary of DPWH, Provincial
P.D. 1529) Governor, and Mayor of the
 Purposes: municipality or city, as the
a. To confer jurisdiction over case may be, in which the
the land applied for upon the land lies, if applicant
court requests to have the line of a
b. To charge the whole world public way or road
with knowledge of the determined
application of the land c) Secretary of DAR, Solicitor
involved General, Director of Land
NOTE: If it is later shown that the Management, Director of
decree of registration had included Mines and/or Director of
land or lands not included in the Fisheries and Aquatic
original application as published, Resources, as the case may
then the registration proceedings be, if the land borders on a
and the decree of registration must river, navigable stream or
be declared null and void insofar – shore, or on an arm of the
but only insofar- as the land not sea where a river or harbor
included in the publication is line has been established, or
concerned. This is so because the on a lake, or if it otherwise
court did not acquire jurisdiction appears from the application
over the land not included in the that a tenant-farmer or the
publication- the publication being national government may
the basis of the jurisdiction of the have a claim adverse to the
court. (Benin vs. Tuason. 57 SCRA applicant.
531)
 If difference is not so substantial c) Posting
as it would not affect the identity  Posting of the copy of the Notice
of the land, republication is not of Hearing is a duty of the Sheriff
necessary. which must be made at least 14
 If the amendment of the survey days before date of initial
plan during the registration hearing, in conspicuous places.
proceedings does not involve an
CHAIRPERSONS
256
NOTE: Certification of the a) Presidential proclamation

Administrator of LRA and of the b) Executive Order
Sheriff concerned to the effect that c) Administrative Order issued
the notice of initial hearing, as by the Secretary of DENR
required by law, has been complied d) Bureau of Forest
with shall be filed in the case before Development Land
the date of initial hearing, and shall Classification Map
be conclusive proof of such fact e) Certification by Director of
(Secion 24, P.D. 1529). Forestry
f) Investigation reports of
NOTE: Service of Notice upon Bureau of Lands investigator
contiguous owners: g) Legislative act or by statute
 indispensable 2. The identity of the land
 lack of service constitutes NOTE: Proof of Identity of land
“extrinsic fraud” a) Survey plan in general
b) Tracing cloth plan and blue
Answer or Opposition print copies of plan
 oppositor to an application need c) Technical description of the
not be named in the notice of land
initial hearing. d) Tax declarations
 adverse claimants must set forth e) Boundaries and area
in their answer all their
objections to the application and 3. Possession and occupation of the
must claim an interest to the land for the length of time and in
property applied for, based on a the manner required by law
right of dominion or some other Effect of Possession
real right independent of, and General Rule: Open, exclusive and
not at all subordinate, to the undisputed possession of alienable
rights of the government. public land for the period prescribed
by law creates the legal fiction
The following may be proper whereby the land, upon completion
oppositors: of the requisite period ipso jure and
1. a homesteader who have not yet without need of judicial or other
been issued his title but who had sanctions, ceases to be public land
fulfilled all the conditions and becomes private property.
required by law to entitle him to  The present possessor
a patent; may complete the period
2. a purchaser of friar land before necessary for prescription by
the issuance of the patent to tacking his possession to that of
him; and his grantor or predecessor-in-
3. persons who claim to be in interest (Article 1138, Civil Code)
possession of a tract of public  Tacking of possession
land and have applied with the is allowed only when there is
Bureau of Lands for its purchase. privity of contract or relationship
between the previous and
Evidence present possessors [South City
 The applicant must prove: Homes, Inc. vs. Republic, 185
1. that the land applied for has SCRA 700 (1990)]
been declassified from the forest
or timber zone and is a public Insufficient proofs of
agricultural land, is alienable and possession:
disposable, or otherwise capable a) mere casual cultivation of
of registration. portions of the land by claimant.
NOTE: Specific evidence Reason: possession is not
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
exclusive and notorious so as to are deemed as unregistered

give rise to a presumptive grant land, there are still cases in court
from the State (Republic vs. which particularly involve
Vera, 120 SCRA 210; Director of possessory information titles
Lands vs. Reyes 68 SCRA 177)
b) tax declaration of land sought to b. Tax declarations and tax
be registered which is not in the payments
name of applicant but in the NOTES:
name of deceased parents of an  While tax declarations
oppositor. Reason: possession of and real estate tax receipts are
applicant is not completely not conclusive evidence of
adverse or open, nor it is truly in ownership, if presented as
the concept of an owner. (Sunga documentary evidence coupled
vs. De Guzman, 90 SCRA 618); with proof of actual possession
c) holding of property by mere for the period required by law of
tolerance of the owner. Reason: the land, they are evidences of
holder is not in the concept of ownership. (Heirs of Maningding
owner and possessory acts no vs CA 276 SCRA). Moreover,
matter how long do not start the even if belatedly declared for
running of the period of taxation purposes, it does not
prescription. (Ordoñez vs. CA, negate possession especially if
188 SCRA 109); there is no other claimant of the
d) where applicants tacked their land (RP vs CA and Divinaflor
possession to that of their 349 SCRA)
predecessor-in-interest but they  Where the taxes for 31 years,
did not present him as witness or 1946 to 1976, were paid only in
when no proofs of what acts of 1976, a few months prior to filing
ownership and cultivation were of the application, such payment
performed by the predecessor does not constitute sufficient
(Dir. of Lands vs. Datu, 115 proof that applicant has bona
SCRA 25) fide claim of ownership during
e) mere failure of Fiscal those years prior to filing of the
representing the State to cross- application [Republic vs. CA, 131
examine the applicant on the SCRA 140 (1984)]
claimed possession [Republic vs. Mere failure of the owner of the
Lee, 197 SCRA 1320 (1991)]; land to pay the realty tax
f) possession of other persons in thereon does not warrant a
the land applied for impugns the conclusion that there was
excusive quality of the abandonment of his right to the
applicant’s possession (Dir. of property (Reyes vs. Sierra, 93
Lands vs. CA and Salazar, 133 SCRA 472)
SCRA 701)
c. Presidential issuances and
NOTE: Proof of private ownership Legislative acts
a. Spanish title, impending cases NOTES:
NOTE: Although Spanish titles  constitutive of a “fee
are now inadmissible and simple” title or absolute title in
ineffective as proof of ownership favor of the grantee (Republic
in land registration proceedings rep. by Mindanao Medical Center
filed after Aug. 16, 1976, so that vs. CA, 73 SCRA 146)
all lands granted under the  a law or statute which
Spanish mortgage law system of ceded or transferred in full
registration which are not yet ownership a reserve area in
covered by a certificate of title favor of a gov’t. institution
issued under the Torrens system thereby effectively transferred
CHAIRPERSONS
258
ownership to transferee. [Int’l 1. hear the parties and their

Hardwood and Veneer Co. of the evidence; or
Phils. vs. U.P., 200 SCRA 554 NOTE: In the exercise of
(1991)] delegated jurisdiction, the MTC
can no longer appoint
d. Other kind of proof commissioners
1. Testimonial evidence (i.e. 2. refer the case or any part thereof
accretion is on a land adjacent to to a referee or commissioner.
a river. Any evidence that NOTE: While referee can receive
accretion was formed through evidence and objections, it has
human intervention negates the no power to rule on the case. Its
claim [Binalay vs. Manalo, 195 main duty is to receive evidence
SCRA 374 (1991)]; and submit its findings and
2. Deeds of sale; recommendations to the court.
NOTE: Muniments of title:
Proofs insufficient to establish instruments or written evidences
private right or ownership: which applicant holds or
a) compromise agreement among possesses to enable him to
parties to a land registration substantiate and prove title to
case where they have rights and his estate.
interest over the land and
allocated portions thereof to B. Judgment
each of them;  2 duties of the court:
NOTE: assent of Dir. Of 1. Render judgment, declare the
Lands and Dir. of Forest same final, and cause the
Management to compromise decision’s entry; and
agreement did not and could not 2. Order the LRA to issue decree of
supply the absence of evidence registration.
of title required of the applicant
[Republic vs. Sayo, 191 SCRA 71 Doctrines
(1990)]  Only claimed property or a
b) decision in an estate proceeding portion thereof can be
of a predecessor-in-interest of an adjudicated. If the applicant
applicant which involves a asserts ownership to and
property over which the submits evidence only for a
decedent has no transmissible portion of a lot, the inclusion of
right, and in other cases where the portion not claimed by the
issue of ownership was not applicant is void and of no effect
definitely passed upon (Dir. of for a land registration court has
Lands vs. IAC, 195 SCRA 38); no jurisdiction to decree a lot to
c) survey plan of an inalienable a person who put no claim to it
land. and who never asserted any
NOTE: Such plan does not right of ownership over it
convert such land into alienable (Almarza vs Arguelles 156 SCRA
land, much less private property 718).
[Republic vs. CA, 154 SCRA 476  A land registration court has no
(1987)] jurisdiction to adjudge a land to
a person who has never asserted
HEARING, JUDGMENT, AND POST any right of ownership thereof
JUDGMENT INCIDENTS IN (Caragay-Layno vs. CA, 133
ORDINARY LAND REGISTRATION SCRA 718)
 The court may reverse its
A. Hearing decision even after the LRA has
 The court may: already issued the decree of
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
registration (Gomez vs CA 168 thereof, whether mentioned by

SCRA 503). name in the application or
NOTE: The judgment becomes final notice, the same being included
upon the lapse of 15 days counted in the general description “To All
from receipt of notice of the Whom It May Concern.” And
judgment. However, such conclusiveness does not
notwithstanding the lapse of the 15- cease to exist when the title is
day period from receipt of judgment transferred to a successor.
by the parties, the court continues (Melgar vs. Pagayon. 21 SCRA
to retain control over the case until 841)
the expiration of 1 year after the  The duty of the land registration
entry of decree of registration by the officials to issue the decree of
LRA. registration is ministerial in the
sense that they act under the
C. Post-Judgment Incidents orders of the court and the
a. Writ of possession decree must be in conformity
GENERAL RULE: The judgment with the court judgment and with
adjudicating ownership to the the data found in the record.
successful applicant impliedly However, if they are in doubt
carries with it the delivery of upon any point in relation to the
possession if he is deprived, since preparation and issuance of the
the right of possession is inherent in decree, they are duty bound to
that of ownership refer the matter to the court.
EXCEPTIONS: They act in this respect, as
1. A writ of possession does not lie officials of the court. The
in a land registration case administrator is thus not legally
against a person who entered obligated to issue the decree
the property after issuance of where, upon his verification, he
the final decree and who had not finds that subject land has
been a party in the case already been decreed and titled
2. A writ of possession cannot be in another’s name. (Ramos vs.
issued in a petition for Rodriguez, 244 SCRA 418)
reconstitution of allegedly lost or
destroyed certificate of title. Contents: (Sec. 31 P.D. 1529)
a. Date, hour and minute of its
b. Writ of demolition entry
- a complement of the writ of b. It shall state whether the owner
possession, without which the latter is married or unmarried, and if
would be ineffective (Lucero vs. Loot married, the name of spouse:
25 SCRA 678) provided that if the land is
conjugal property, the decree
DECREE OF REGISTRATION shall be issued in the name of
 This is the decree issued by the both spouses
LRA pursuant to the order of the c. If the owner is under disability,
court. As such, the decree has the nature of such disability, and
been considered as the if a minor, his age
‘condensed form’ of the court’s d. Description of the land and shall
judgment. set forth the estate of the owner,
 The decree of registration binds and also, in such manner as to
the land, quiets title thereto, show their relative priorities, all
subject only to such exceptions particular estates, mortgages,
or liens as may be provided by easements, liens, attachments,
law. It is conclusive upon all and other encumbrances
persons including the national e. Other matters to be determined
government and all branches in pursuance of law
CHAIRPERSONS
260
CERTIFICATE OF TITLE  Claims and liens of whatever

 This is the true copy of the character existing against the
decree of registration or the land prior to the issuance of the
transcription thereof and like certificate of title are cut off by
the decree shall also be signed such certificate and the
by LRA Administrator (Sec. 39, certificate so issued binds the
PD No. 1529) whole world, including the
 It takes effect upon the date of government.
entry thereof, and the land EXCEPTIONS:
covered thereby becomes a. Those noted on the
registered land on that date certificate
 Registration does not vest title. It b. Liens claims or rights arising
is merely evidence of such title or existing under the laws
over a particular property. And a and the Constitution, which
Torrens certificate is the best are not by law required to
evidence of ownership over appear of record in the
registered land. (Villanueva vs. Register of Deeds in order to
CA, 198 SCRA 472; Chavez vs. be valid
PEA & Amari Coast Bay Dev’t. c. Unpaid real estate taxes
Corp., 384 SCRA 153) levied and assessed within 2
 However, simple possession of a years immediately preceding
certificate of title does not the acquisition of the right
necessarily make the holder over the land by an innocent
thereof a true owner of all the purchaser for value
property described therein, such d. Any public highway, or
as when title includes by mistake private way established or
or oversight, land which can no recognized by law, or any
longer be registered under the government irrigation canal
Torrens system, as when the or lateral thereof, if the
same land has already been certificate of title does not
registered and an earlier state the boundaries of such
certificate for the same land is in highway or irrigation canal or
existence. (Caragay-Layno vs. lateral thereof have been
CA, 133 SCRA 718) determined
 In determining whether a e. Any disposition of the
property belongs to the conjugal property or limitation on the
partnership or paraphernal use thereof pursuant to P.D.
property of one of the spouses, it 27 or any other law or
is important to note in whose regulations on agrarian
name or names the title is reform.
registered. This is so because
the certificate of the title does 2. Incontrovertible and
not establish the time of the indefeasible
acquisition of the property. It GENERAL RULE: Upon expiration of
only confirms a pre existing title. 1 year from and after the entry of
(Ponce de Leon vs Rehabilitation the decree of registration in the LRA,
Finance Corp., 36 SCRA 289) the decree and the corresponding
certificate of title becomes
Attributes and Limitations on incontrovertible and indefeasible.
certificates of title and EXCEPTIONS:
registered lands: a. If previous valid title of the
1. Free from liens and same land exists
encumbrances b. When land covered is not
capable of registration
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
c. When acquisition of or trustee or bankruptcy

certificate is attended by under the laws relative to
fraud preferences
h. From any other rights or
3. Registered land not subject liabilities created by law and
to prescription applicable to unregistered
 Thus, even adverse, notorious land
and continuous possession under
claim of ownership for the period CADASTRAL REGISTRATION
fixed by law is ineffective against  a proceeding in rem, initiated by
a Torrens title. (JM Tuason and the filing of a petition for
Co. Inc. vs. CA, 93 SCRA 146) registration by the government,
 The fact that title to land was not by the persons claiming
lost does not mean that the land ownership of the land subject
ceased to be registered land thereof, and the latter are, on
before the reconstitution of its the pain of losing their claim
title. It cannot perforce be thereto, in effect compelled to go
acquired by prescription. (Rivera to court to make known their
vs. CA, 244 SCRA 218) claim or interest therein, and to
substantiate such claim or
3. Certificate of title not interest
subject to collateral attack
 Sec 48. P.D. 1529 “A NOTE: Here, the government does
certificate of title shall not be not seek the registration of land in
subject to collateral attack. It cannot its name. The objective of the
be altered, modified, or cancelled proceeding is the adjudication of
except in a direct proceeding in title to the lands or lots involved in
accordance with law. said proceeding.
General Incidents of Registered  Procedure:

Land 1. Notice of cadastral survey
 Registered land or the owners published once in OG and posted
thereof are not relieved from the in conspicuous place; copy
following: furnished mayor and barangay
a. From any rights incident to captain
the relation of husband and 2. Notice of date of survey by BLM
wife, landlord and tenant and posting in bulletin board of
b. From liability to attachment the municipal building of the
or levy on execution municipality or bario, and shall
c. From liability to any lien of mark the boundaries of the lands
any description established by monuments set up in proper
by law on the land and places thereon
buildings thereon, or in the 3. Cadastral survey
interest of the owner in such 4. Filing of petition
land or building 5. Publication, mailing, and posting
d. From any right or liability that NOTE: Publication of Notice of
may arise due to change of Initial Hearing to be published
the law of descent twice in successive issues of the
e. From the rights of partition Official Gazette
between co-owners 6. Filing of Answer
f. From the right of government 7. Hearing of the case
to take the land by eminent 8. Decision
domain 9. Issuance of Decree and
g. From liability to be recovered Certificate of Title
by an assignee in insolvency
CHAIRPERSONS
262
Actions taken by the Cadastral the registration of title of the land

court of the trial: the land in his
1. Judgment or decision which name
adjudicates ownership of the 6. Person who Requests the Survey
land involved in favor of one or Landowner Government
7. Effect of Judgment
more claimants. This is the
No adverse claim; if none of the
decree of the court.
if the applicant applicants can
2. Declaration by the court that the fails to prove his prove that he is
decree is final and its order for title, his entitled to the
the issuance of the Certificate of application may be land, the same
Title by the LRA dismissed without shall be declared
3. Registration of the decree by the prejudice (no res public (res
LRA and issuance of the judicata) judicata)
corresponding Certificate of Title
REMEDIES OF AGGRIEVED PARTY
Doctrine: The Cadastral court is IN REGISTRATION PROCEEDINGS
not limited to merely adjudication of
ownership in favor of one or more 1. New Trial
claimants. If there are no successful  Grounds: (Section1 Rule
claimants, the property is declared 37,Rules of Court)
public land. Additionally, while the a. fraud, accident, mistake or
court has no jurisdiction to excusable negligence which
adjudicate lands already covered by ordinary prudence could not
a Certificate of Title, it is have guarded against
nonetheless true that this rule only b. newly discovered evidence
applies where there exists no c. award of excessive
serious controversy as to the damages, or insufficiency of
certificate’s authenticity vis-à-vis the the evidence to justify the
land covered therein. (Republic vs decision
Vera 120 SCRA 210; Widows and  Period of filing: within the 15-
Orphans Assoc., Inc. vs CA 201 day period for perfecting an
SCRA 165.) appeal
P.D. No. 1529 CADASTRAL 2. Relief from Judgment

1. Nature of Registration  Nature: subsidiary remedy, i.e.
Voluntary Compulsory may be availed only when the
2. Applicant judgment has become final and a
Landowner Director of Lands new trial is not available
3. Lands Covered
 Grounds: when a judgment is
Usually involves all classes of lands
private land; it are included
entered against a party through
may also refer to fraud, accident, mistake, or
public agricultural excusable negligence, such party
lands if the object may file a petition in the court
of the action is that rendered such judgment
confirmation of an praying that the said judgment
imperfect title be set aside.
4. Parties  Period of filing: within 60 days
Applicant and Landowners must after the petitioner learns of the
opponent come to court as
claimants of their
judgment, order, or proceeding
own lands and not more than 6 months
5. Purpose after such judgment or order was
Petitioner comes Government asks entered or such proceeding was
to court to confirm the court to settle taken.
his title and seeks and adjudicate the
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
3. Appeal e. the property has not yet

 under P.D. 1529, judgments and passed to an innocent
orders in land registration cases purchaser for value
are appealable to the Court of
Appeals or to the Supreme Court 5. Action for Reconveyance
in the same manner as ordinary  an action seeking to transfer or
actions reconvey the land from the
 must be filed within 15 days registered owner to the rightful
from receipt of the judgment or owner
final order appealed from.  may be filed even after the lapse
of one year from entry of the
4. Petition for Review (of a decree of registration as long as
DECREE) the property has not been
 any person may file a petition for transferred or conveyed to an
review to set aside the decree of innocent purchaser for value.
registration on the ground that  an action for reconveyance does
he was deprived of their not aim or purport to reopen the
opportunity to be heard in the registration proceedings and set
original registration case not aside the decree of registration
later than one (1) year after the but only to show that the person
entry of the decree. who secured the registration of
NOTE: It is a petition for REVIEW OF the questioned property is not
JUDGEMENT when it is filed after the real owner thereof. The
rendition of the decision but before action, while respecting the
the entry of the decree of decree as incontrovertible, seeks
registration. And it is a petition for to transfer or reconvey the land
REVIEW OF THE DECREE when it is from the registered owner to the
filed within the one year period after rightful owner. (Esconde vs
such entry. Borlongay, 152 SCRA 603)
 Grounds for review of the Grounds for Reconveyance and

decree: corresponding period of
a) actual or extrinsic fraud – prescription
refers to any fraudulent act of
the successful party in a Grounds Prescriptive
litigation which is committed Period
outside the trial of a case against 1. Fraud  4 years from
the defeated party, his agents, the discovery of
attorneys or witnesses, whereby the fraud
defeated party is prevented from (deemed to have
presenting full and fairly his side. taken place from
b)fatal infirmity in the decision the issuance of
for want of due process (Tiongco the original
vs, De la Merced, 58, SCRA 89); certificate of
c) lack of jurisdiction of the court title)
 Requisites for REVIEW OF 2.Implied or  10 years from
THE DECREE: constructive trust the date of the
a. petitioner has a real and issuance of the
dominical right OCT or TCT
b. he has been deprived thereof  the above rule
c. through fraud does not apply
(actual/extrinsic) where the person
d. petition is filed within one enforcing the
year from issuance of the trust is in actual
decree possession of the
CHAIRPERSONS
264
property because 1529 or under the provision

he is in effect of any law from bringing an
seeking to quiet action for the recovery of
title to the same such land or the estate or
which is interest therein;
imprescriptible f) The action has not
3. Express trust  not barred by prescribed.
prescription
4. Void Contract   must be instituted within a
imprescriptible period of 6 years from the time
the right to bring such action
first occurred- which is the date
6. Action for Damages of issue of the certificate of title.
 May be resorted to when a
petition for review and an action 8. Cancellation Suits
for reconveyance is no longer  Where two certificates are issued
possible because the property to different persons covering the
has passed to an innocent same land, the title earlier in
purchaser for value and in good date must prevail
faith.  The latter title should be
 an ordinary action for damages declared null and void and
prescribes in ten (10) years after ordered cancelled.
the issuance of the Torrens title
over the property. 9. Annulment of judgment
 May only be availed of when the
7. Action for Compensation ordinary remedies of new trial,
from Assurance Fund petition for relief, or other
 Requisites: appropriate remedies are no
a) The aggrieved party or the longer available through no fault
suitor sustained loss or of petitioner (Linzag vs. Court of
damage, or is deprived of Appeals, 291 SCRA 304)
land or any estate or interest
therein; 10.Quieting of Title
b) Such loss, damage or  An action that is brought to
deprivation remove clouds on the title to real
1) was occasioned by the property or any interest therein,
bringing of the land under by reason of any instrument,
the operation of the record, claim, encumbrance or
Torrens system, or proceeding which is apparently
2) arose after original valid or effective but is in truth
registration of land and in fact invalid, ineffective,
c) The loss, damage or voidable, or unenforceable, and
deprivation was due to: may be prejudicial to said title.
1) fraud, or (Art. 476 Civil Code)
2) any error, omission,  It is an ordinary civil remedy [Sy,
mistake or misdescription Sr. vs. IAC, 162 SCRA 130
in any certificate of title (1988)]
or in any entry or  Aside from the registered owner,
memorandum in the a person who has an equitable
registration book right or interest in the property
d) There was no negligence on may likewise file such action
his part (Mamadsul vs. Moson, 190 SCRA
e) He is barred or precluded 82, 89)
under the provisions of PD
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
11.Criminal Action cultivated,

 State may criminally prosecute either by
for perjury the party who obtains himself or
registration through fraud, such as his
by stating false assertions in the predecessor
sworn answer required of applicants s-in-
in cadastral proceedings (People vs. interest
Cainglet, 16 SCRA 749) tract/s of
agricultural
LAND PATENTS public land
subject to
 Kinds: disposition
To Whom Requiremen
Granted ts 3. Sales  citizens  to have
Patent of the at least 1/5
1.  to any  does not
Homestea Filipino Phils. of of the land
own more
d Patent lawful age broken and
citizen than 24
or such cultivated
over the hectares of
citizens within 5
age of 18 land in the
not of years from
years or Phils. or has
lawful age the date of
head of a not had the
who is the award
family benefit of
head of a  shall have
any
family established
gratuitous
may actual
allotment of
purchase occupancy,
more than
public cultivation
24 hectares
agricultura and
 must
l land of improvemen
have
not more t of at least
resided
than 12 1/5 of the
continuousl
hectares land until
y for at
the date of
least 1 year
such final
in the
payment
municipality
where the 4.  to Non-  Secretary
land is Special Christian of the DILG
situated Patents Filipinos shall certify
 must under Sec. that the
have 84 of the majority of
cultivated Public the non-
at least 1/5 Land Act. Christian
of the land inhabitants
applied for of any
given
2. Free  to any  does not
reservation
Patent natural own more
have
born than 12
advanced
citizen of hectares of
sufficiently
the Phils. land
in
 has civilization
conti-
nuously NOTE: when a free patent title is
occupied issued to an applicant and the sea
and water moves toward the estate of
CHAIRPERSONS
266
the title holder, the invaded property NOTE: indefeasibility of title,

becomes part of the foreshore land. prescription, laches and estoppel do
The land under the Torrens system not bar reversion suits
reverts to the public domain and the
title is annulled. (Republic vs CA and 2. Cancellation Suits
Josefina Morato, 281 SCRA)  it is the aggrieved private party
that institutes the action [Agne
Restriction on vs. Dir. of Lands, 181 SCRA 793
Alienation/Encumbrance of (1990)]
Lands titled Pursuant to
Patents: 3. Action for Reconveyance (see
1. Lands acquired under free patent discussion on page 16)
or homestead patent is
prohibited, except if in favor of RECONSTITUTION OF
the government, 5 years from CERTIFICATE OF TITLE
and after the issuance of the  Meaning: The restoration of the
patent or grant (RP vs Heirs of instrument which is supposed to
Felipe Alejaga, Sr., 939 SCRA have been lost or destroyed in its
361) original form and condition,
2. Transfer or conveyance of any under the custody of Register of
homestead after 5 years and Deeds.
before 25 years after issuance of
title without the approval of the
Secretary of DENR  Purpose: to have the same
reproduced, after proper
Actions against improper, illegal proceedings, in the same form
issuance of patents they were when the loss or
1. Reversion suits destruction occurred. (Heirs of
Pedro Pinote vs. Dulay, 187
 The objective is the cancellation
SCRA 12)
of the certificate of title and the
consequential reversion of the
land covered thereby to the  Kinds:
State. 1) Judicial - partakes the nature of
Grounds for reversion: a land registration proceeding in
a. Violation of Sections 118, 120, rem.
121 and 122 of the Public Land 2) Administrative - may be
Act (eg. Alienation or sale of availed of only in case of:
homestead executed within the a. Substantial loss or
5 year prohibitory period) destruction of the original
b. When land patented and titled is land titles due to fire, flood,
not capable of registration or other force majeure as
c. Failure of the grantee to comply determined by the
with conditions imposed by law Administrator of the Land
to entitle him to a patent or Registration Authority;
grant b. The number of certificates of
d. When area is an expanded area title lost or damaged should
(see Republic vs. Heir of Villa be at least 10% of the total
Abrille, 71 SCRA 57) number in the possession of
e. When the land is acquired in the Office of the Register of
violation of the Constitution; eg. Deeds;
Land acquired by an alien may c. in no case shall the number
be reverted to the State. of certificates of title lost or
damaged be less than P500;
and
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
d. Petitioner must have the an authenticated copy

duplicate copy of the thereof
certificate of title. (RA 6732) c. same as sources e) and f) for
reconstitution of OCT.
NOTE: The law provides for Sources for Administrative
retroactive application thereof to Reconstitution of Title
cases 15 years immediately 1. owner’s duplicate of the
preceding 1989. certificate of title
2. co-owner’s, mortgagee’s, or
NOTE: When the duplicate title of lessee’s duplicate of said
the landowner is lost, the proper certificate
petition is not reconstitution of title,
but one filed with the court for Publication, Mailing and Posting
issuance of new title in lieu of the in petitions for reconstitution of
lost copy. title
 Rules:
Sources for Judicial a. Notice thereof shall be
Reconstitution of Title: published twice in successive
issues of the Official Gazette
1. For OCT (in the following b. Must be posted on the main
order): entrance of the provincial
a. Owner’s duplicate of the building and of the municipal
certificate of title building of the municipality
b. Co-owner’s, mortgagee’s or or city where the land is
lessee’s duplicate of said situated
certificate c. to be sent by registered to
c. Certified copy of such every person named in said
certificate, previously issued notice
by the Register of Deeds NOTE: The above requirements
d. Authenticated copy of the are mandatory and jurisdictional
decree of registration or (Metropolitan Waterworks and
patent, as the case may be, Sewerage System vs. Sison, 124
which was the basis of the SCRA 394)
certificate of title
e. Deed or mortgage, lease or OTHER
encumbrance containing PETITIONS/TRANSACTIONS
description of property AFTER ORIGINAL REGISTRATION
covered by the certificate of 1. Amendment and alteration of
title and on file with the Certificate of Title
Registry of Deeds, or an  Grounds:
authenticated copy thereof a. When registered interests of
f. Any other document which, in any description, whether
the judgment of the court, is vested, contingent, or
sufficient and proper basis for inchoate have terminated
reconstitution. and ceased
b. When new interests have
2. For TCT arisen or been created which
a. Same as sources a), b), and do not appear upon the
c) for reconstitution of OCT certificate
b. Deed of transfer or other c. When any error, omission, or
document containing mistake was made in
description of property entering a certificate or any
covered by transfer memorandum thereon or on
certificate of title and on file any duplicate certificate
with the Registry of Deeds, or
CHAIRPERSONS
268
d. When the name of any

person on the certificate has
been changed
e. When the registered owner
has been married, or,
registered as married, the b. Where a voluntary
marriage has terminated and instrument cannot be
no right or interest of heirs or registered by reason of the
creditors will thereby be refusal or failure of the holder
affected to surrender the owner’s
f. When a corporation, which duplicate certificate of title;
owned registered land and and
has been dissolved, has not c. Where the owner’s duplicate
conveyed the same within 3 certificate is not presented
years after its dissolution for amendment or alteration
g. When there is a reasonable pursuant to a court order
ground for the amendment or
alteration of title. 3. Replacement of lost
duplicate certificate of title
NOTE: The court has no jurisdiction  “due notice under oath shall be
or authority to reopen the judgment sent by the owner or by
or decree of registration; nor impair someone in his behalf to the
the title or other interest of a Register of Deeds of the province
purchaser holding a certificate for of city where the land lies as
value and in good faith, or his heirs soon as the loss or theft is
and assigns, without his or their discovered.” (Section 109, PD
written consent. After due hearing, 1529)
the court may only:  Petition for replacement should
a. Order the entry or be filed with the RTC of the
cancellation of a new province or city where the land
certificate lies.
b. Order the entry or  Notice to Solicitor General by
cancellation of a petitioner is not imposed by law
memorandum upon a but it is the Register of Deeds
certificate, or who should request for
c. Grant any other relief upon representation by the Solicitor
such terms and conditions as General (Republic vs. CA, 317
it may consider proper (Secs. SCRA 504)
107 and 108, PD 1529)  A proceeding where the
certificate of title was not in fact
2. Surrender of withheld lost or destroyed is null and void
duplicate certificate of title for lack of jurisdiction and the
 Grounds: newly issued duplicate is also
a. When it is necessary to issue null and void. (New Durawood
a new certificate of title Co., Inc. vs. CA, 253 SCRA 740)
pursuant to any involuntary
instrument which divests the
title of the registered owner
against his consent
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),

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244 2005 CENTRALIZED BAR OPERATIONS

LAND TITLES &

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

 based on P.D. No. 27 (CARP no effect because subject is

issue, subject to the approval Instances when RD may deny

2. Private lands 2. Involuntary – cadastral

a) boundaries are not defined 10. Issuance of decree or order by

CIVIL LAW COMMITTEE

2. Those who have acquired 2. A mortgagee or his successor in

to all persons concerned instrument or court writ or

CIVIL LAW COMMITTEE

attorney indicates in quest for any

where the owner still holds a

indicated in paragraphs 1 effectivity of this amendatory act

where the incident properly addition, but on the contrary, a

NOTE: Certification of the a) Presidential proclamation

CIVIL LAW COMMITTEE

exclusive and notorious so as to are deemed as unregistered

ownership to transferee. [Int’l 1. hear the parties and their

registration (Gomez vs CA 168 thereof, whether mentioned by

CERTIFICATE OF TITLE  Claims and liens of whatever

c. When acquisition of or trustee or bankruptcy

General Incidents of Registered  Procedure:

Actions taken by the Cadastral the registration of title of the land

P.D. No. 1529 CADASTRAL 2. Relief from Judgment

CIVIL LAW COMMITTEE

3. Appeal e. the property has not yet

 Grounds for review of the Grounds for Reconveyance and

property because 1529 or under the provision

11.Criminal Action cultivated,

the title holder, the invaded property NOTE: indefeasibility of title,

CIVIL LAW COMMITTEE

d. Petitioner must have the an authenticated copy

d. When the name of any

CIVIL LAW COMMITTEE

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