1 Recap

Good day!
To “play” the
PowerPoint Presentation, please
click the slideshow icon as if
you’re the one presenting. You
will hear my voice once you start
the slideshow.
Land Titles and
Deeds
Prepared by:
maekristineconde
RECAP
Regalian Doctrine (jura regalia)

The State is the original proprietor of all lands and
the general source of all private titles. All claims of
All lands of whatever nature and other natural private title to land, save those acquired from native
resources not otherwise appearing to be clearly title, must be traced from some grant, whether
within private ownership are presumed to belong to express or implied, from the State. Absent a clear
the State which is the source of any asserted right to showing that the land had been into private
ownership of land (Republic v. Sin, G.R. No. 157485, ownership through the State’s imprimatur, such
March 26, 2014). land is presumed to belong to the State (Republic v.
Santos, G.R. No. 180027, July 18, 2012).
3
RECAP
Exception to the Regalian Doctrine (jura

regalia)
When as far back as testimony or memory goes, the
land has been held by individuals under a claim of
The Regalian Doctrine does not negate native title to
private ownership, it will be presumed to have been
lands held in private ownership since time
held in the same way before the Spanish conquest,
immemorial (Cruz v. Secretary of Environment and
and never to have been public land (Cariño v.
Natural Resources, G.R. No. 135385, December 6,
Insular Government, 212 U.S., 449; 53 Law Ed.,
2000).
594)
4
RECAP
The Torrens System of Registration
Purpose of registration
⋄ To quiet title to land and to stop forever any question of legality of title. The Torrens system
aims to decree land titles that shall be final, irrevocable, and indisputable;
⋄ To relieve the land of the burden of known and unknown claims;
⋄ To give every registered owner peace of mind;
5
RECAP
⋄ To fix and determine the relative rights to time, following the maxim, “first in time, first in
law”;
⋄ To provide registrants an archive for muniments of title, rights and interests in land
recorded in the registry where the property is located;
⋄ Serves to give notice to all persons from time to time of such registering, filing, and
entering that a certain party has or has acquired certain rights or interests in the property;
6
RECAP
⋄ To issue a certificate of title to the owner which shall be the best evidence of his ownership
of the lands;
⋄ To avoid conflicts of title in and to real estate and to facilitate transactions;
⋄ To facilitate transactions relative thereto by giving the public the right to rely upon the face
of a Torrens certificate of title and to dispense with the need of inquiring further.
7
RECAP
Nature of land registration proceedings under the Constructive notice upon registration
Torrens system Every conveyance, mortgage, lease, lien,
attachment, order, judgment, instrument or entry
affecting registered land shall, if registered, filed or
The Torrens system is judicial in character and not
entered in the office of the Register of Deeds for
merely administrative. Judicial proceedings for the
the province or city where the land to which it
registration of lands throughout the Philippines shall
be in rem and shall be based on the generally relates lies, be constructive notice to all persons
accepted principles underlying the Torrens system from the time of such registering, filing or entering
(P.D. 1529, Sec. 52).
(P.D. 1529, Sec. 2).
8
XPN: MeTCs, MTCCs, MTCs and MCTCs have
RECAP delegated jurisdiction to hear and determine cadastral
The Torrens System of Registration or land registration cases in the following instances:
a. Where the lot sought to be registered is not the
Jurisdiction over land registration cases
subject of controversy; or
b. Where the lot is contested but the value thereof
GR: RTCs have plenary jurisdiction over land does not exceed P100,000.00, such value to be
registration cases. ascertained by the affidavit of the claimant or by the
agreement of the respective claimants, if there be
more than one, or from the corresponding tax
declaration of the real property (Sec. 34, B.P. 129, as
amended by Sec. 4, R.A. No. 7691)
9
RECAP
Mirror Doctrine
All persons dealing with a property covered by Torrens certificate of title are not required to go beyond
what appears on the face of the title. Where there is nothing on the certificate of title to indicate any cloud or
vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further
than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may defeat
his right thereto (Chua v. Soriano, GR.No. 150066, April 13, 2007).
10
RECAP
GR: Mirror Doctrine applies when title over a land is registered under the Torrens system.
XPN: Mirror Doctrine cannot be invoked where:

1. The purchaser or mortgagee is a bank/financing institution;
2. A person buys land not from the registered owner but from whose rights to the land has been merely annotated
on the certificate of title;
3. The purchaser is in bad faith;
11
RECAP
GR: Mirror Doctrine applies when title over a land is registered under the Torrens system.
XPN: Mirror Doctrine cannot be invoked where:

4. The purchaser purchases land with a certificate of title containing a notice of lis pendens;
5. There are sufficiently strong indications to impel closer inquiry into the location, boundaries and condition of
the lot; or
6. The purchaser had full knowledge of flaws and defects in the title.
12
RECAP
GR: The duty of the Register of Deeds to register instruments dealing with registered property is ministerial.
XPN: There are instances where the Register of Deeds may be justified in denying registration:
1. Where there are several copies of the title (co-owner’s duplicate) but only one is presented with the instrument
to be registered;
2. Where the property is presumed to be conjugal but the instrument of conveyance bears the signature of only
one spouse;
13
RECAP
GR: The duty of the Register of Deeds to register instruments dealing with registered property is ministerial.
XPN: There are instances where the Register of Deeds may be justified in denying registration:
3. Where there is a pending case in court where the character of the land and validity of the conveyance are in
issue; and
4. Where the required certificates or documents are not submitted.
14
Thank you! Have a nice day!

1 Recap

Uploaded by

Copyright:

Available Formats

1 Recap

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

1 Recap

Uploaded by

Copyright:

Available Formats

Good day!

Regalian Doctrine (jura regalia)

Exception to the Regalian Doctrine (jura

⋄ To relieve the land of the burden of known and unknown claims;

⋄ To give every registered owner peace of mind;

XPN: Mirror Doctrine cannot be invoked where:

XPN: Mirror Doctrine cannot be invoked where:

You might also like