Land Ti Compilation

8/10/2019 Land Ti Compilation

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Aug. 03, 2012

Land Titles And Deeds

Section 14.Who may apply. The following persons may

file in the proper Court of First Instance an application for

registration of title to land, whether personally or through

their duly authorized representatives:

(1) Those who by themselves or through theirpredecessors-in-interest have been in open,

continuous, exclusive and notorious possession

and occupation of alienable and disposable

lands of the public domain under a bona fide

claim of ownership since June 12, 1945, or earlier.

In Republic Vs. Manimtim, the court listed the requisites:

The applicants for the registration of land must sufficiently

establish by no less than clear, positive, and convincing

evidence:

1) that the subject land forms part of the disposable andalienable lands of the public domain;

The rule is: by clear, positive, and convincing evidence,

you establish those requisites. The burden is with respect

to the applicant to prove it because it is in derogation of

the regalian doctrine. The presumption is that all lands,

which are clearly not of private ownership, belong to the

state.

Also, the applicant must prove that the subject land

forms part of the disposable and alienable lands of the

public domain. So even if it is registered, and it is not

alienable and disposable, the registration is void. How is

this requisite satisfied?

This can be satisfied, according to the case of republic

vs. rizaldo that certification and report from the DENR-

CENRO stating that the land is alienable and disposable.

This is also in the case of Victoria Vs. Republic of the

Philippines.

2) that the applicant and his predecessors-in-interest

have been in open, continuous, exclusive and notorious

possession and occupation of the same;

So the possession here means that it is open, which

means that the owner did not secretly possess the land

Continuousnot interrupted. it cannot be that A owns

the land now, and then sold his rights to another person,

and then he bought it again. Thats no longer continous.

Exclusivethe possession means the exclusion of all other

people.

Notoriousit should be known to the public. Which

means you hold yourself out to the public as owner of the

land.

Remember that possession here should not mean mere

constructive possession. There can be actual and

constructive possession.

Constructive means that you dont actually possess it.

You may own rights over the land but you are not the

one who is really in possession of the property. And

therefore, the court held in the case of Mistica Vs.

Republic of the Philippines (September 11, 2009):

possessionalone is not sufficient to acquire title to alienable landsof the public domain because the law requires possession andoccupation. Since these words are separated by the conjunction"and," the clear intention of the law is not to make onesynonymous with the other. Possession is broader than occupationbecause it includes constructive possession. When, therefore, thelaw adds the word occupation, it seeks to delimit the all-encompassing effect of constructive possession. Taken togetherwith the words open, continuous, exclusive, and notorious, theword occupation serves to highlight the fact that for an applicant toqualify, his possession must not be a mere fiction. Actuapossession of land consists in the manifestation of acts ofdominion over it of such a nature as a party would naturallyexercise over his own property.

what are examples of actual possession?

1) cultivationrefer to the case of Ramos Vs. Director of Lands

2) introduction of improvements

3) that it is under a bona fideclaim of ownership since

June 12, 1945, or earlier.

Bona fide only means good faith. This means that the

applicant is a genuine and honest claimant. You dont

have to prove this because it is a presumption.

One more matter in republic vs. Rizaldo would be a

document which manifests a persons good faith. It may

come in the form of a tax declaration. A person who is in

his right mind would not pay for these. (in sirs own words

ang Pilipino ba, ganahan mubayad? Walay tao

ganahan maghatag ug kwarta. Ang tao, ganahan

magdawat.) so the supreme court here is talking about a

person who is religiously paying his tax declarations. Even

if there was no title, he paid his taxes.

According to the SC, tax declarations are not adequate

to show ownership because anybody can declare it fotax declaration purposes. But it may serve as sufficien

basis for inferring possession. The voluntary declaration o

property for taxation purposes not only manifests ones

sincere and honest desire to pay title to the property, but

also announces an adverse claim against the state and

other interested parties with an intention to contradict

the needed revenues paid to the government fo

corruption purposes. Such an act strengthens ones bona

fide claim of acquisition of ownership.

Proof of payment of land taxes is not enough to acquire

ownership but payment of land taxes coupled with


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possession and occupation since June 12, 1945 is a

ground for registration. This is because when one pays

land taxes, his concept of possession is one of ownership.

It can prove requisite number 3, but not number 2.

Take note of the date: June 12, 1945

Why is it relevant? In which is a very important case heirs

of Malabanan vs. Republic of the Philippines (G.R.

179987, April 29, 2009), The SC also does not know its

relevance. It appears that it was arbitrarily chosen. There

is no historical significance.

(2) Those who have acquired ownership of private lands

by prescription under the provision of existing laws.

Example:

Eirich filed an application for registration of title to land.

She avers that she has been in possession of the land

since June 12, 1946. She filed her application on June 15

1976. Assuming the requisites have been complied with,

she can apply for a registration of title by virtue of

prescription and not for ownership since June 12, 1945.

If you cant apply under paragraph one, for as long as

the other requisites are present, you can apply under

paragraph two or issuance of a certificate of title by

virtue of prescription. So it doesnt mean that after june

12, 1945, you cannot apply for registration anymore.

Prescriptionin obligations and contracts, It is one of the

modes of acquiring ownership.

Sale is a title, it is not a mode. So in sale, it is like the key to

the door, but itsnot the door. The mode in sale is delivery

because it is what transfers ownership.

There are two types of prescription: acquisitive and

extinctive. This provision covers acquisitive prescription.

There is a consistent jurisprudential rule that properties

classified as alienable and disposable land may be

converted into private property by reason of open

continuous exclusive and notorious possession of at least

30 years. With such conversion, such property will fall into

the contemplation of private lands under section 14

paragraph 2 and therefore succeptible to registration by

ownership acquired through prescription.

By the phraseology of paragraph 2, it includes onlyprivate lands. For as long as it is private land, meaning

that it is alienable and disposable. So example you have

stayed in the property for 50 years, for sure, it is converted

into private land. all you have to do is confirm your

ownership by filing an application for the issuance of a

title.

Q: how many years is required for a person to occupy a

private land for him to acquire ownership?

A: it depends. If it is in good faith, 10 years. But otherwise,

not necessarily saying in bad faith, 30 years.

Under article 1134, ownership and other real rights ove

immovable property are acquired by ordinary

prescription through possession of 10 years.

So here, the possession must be in good faith and with

just title. The good faith of the possessor consists in the

person reasonably believing that the person whom he

received it from was the owner thereof and could

transmit his ownership. It can also be mere possession for

the requisite period.

Example: youre the one who discovered a property. And

apparently, its alienable and disposable, and youve

stayed there for 10 years, you can apply for titling.

Also remember that the conditions of good faith required

for possession under book II title 5 chapter 1 of the civi

code are also necessary to determine good faith. Thus he

is deemed a possessor in good faith who is not aware

that there exists in his title or mode of acquisition any flaw

which invalidates it. Mistake upon the doubtful or difficult

question of law may be the basis of good faith. Thats

article 526 of the civil code.

What is meant by the term, just title?

A: for purposes of registration, there is just title when the

adverse claimant came into possession of the property

through one of the modes recognized by law for the

acquisition or ownership or real rights but the grantor was

not the owner or could not transmit any right. (Art. 1129)

According to Tolentino, just title is an act which has for its

purpose the transmission of ownership and which would

have actually transferred ownership if the grantor had

been the owner. This vice or defect is the one cured by

prescription. The grantor referred to in 1129 is not thestate. The grantor is the one person invoking ordinary

acquisitive prescription, the right title, whether by sale

exchange, donation, succession, or any of the mode o

the modes of acquisition of ownership or other real rights.

Example:

A is the father, B is the son. A acquired a property before

he died. But he did not know that the seller did not own

the property. When he died, by virtue of succession, his

son acquired the property and he stayed there for 20

years. So now, he applied for titling. He found out that the

person who sold the property to his father was not theowner. Is there just title?

A: yes, there is just title because the act that should have

transmitted ownership and which would have actually

transferred ownership would have been effective had

the grantor been the owner.

REMEMBER:

Art. 1130: the title for prescription must be true and valid.


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1131: for the purposes of prescription, just title must be

proved; it is never presumed.

Extraordinary prescriptionthis is under Art. 1137.

The law does not say, if bad faith, 30 years. The law says

if good faith, 10 years. Otherwise, without need for titling,

30 years.

What may be the objects of prescription? Article 1113.

In other words, if it is property of public dominion, you

cannot apply 10 years30 years whether in good faith or

otherwise. This is because the property is of public

dominion, and therefore, outside the commerce of man.

So if it is patrimonial already, not property of public

dominion, prescription can apply.

Under Article 422:

It is clearly provided in the civil code that where lands of

public domain are patrimonial in character, they aresusceptible to acquisitive prescription. On the other hand,

among the public domain land, the lands not susceptible

of acquisitive prescription are timber lands and mineral

lands. The constitution itself proscribes private ownership

of timber or mineral lands.

Q: it is clear in 14 paragraph 2 that you can acquire

property by prescription. It does not say ordinary or

extraordinary. Where did we get this concept?

A: its in the civil code. Its not from PD 1529.

Q: which one is applicable in 14 paragraph 2?

A: actually, its both. This is because there is really nothing

in the civil code that bars a person from acquiring a

property of the state through ordinary acquisitive

prescription. Nor is there any apparent reason to impose

such a rule. At the same time, these are indispensible

requisites such as just title and good faith.

In the case of Malabanan, the court took the time to

remind practitioners that acquisitive prescription doesnt

have to be 30 years. If it is in good faith, 10 years is

enough.

Whether under ordinary prescription or extraordinary

prescription, preceding the classification of public lands

as patrimonial, cannot be counted for the purpose of

computing prescription.

Ex: so youve been occupying the property since 1950.

Lets say it came from your father. Thats what you call

tacking of possession. You are allowed to tack your

possession with that of your immediate transferee for the

purposes of complying with for example paragraph 1.

Lets say your father took possession of the property in

june 12 1945, and he died 1950.

The law recognizes that human beings die. Thats why

there is tacking. You can add the years that your

precedents have occupied the property with the years

you have also occupied the property.

Q: following the example above, your father occupied

the land and then now you occupy it until 2012. Then

sometime in the year 2000, the president included your

property and considered it as patrimonial property. Can

you now apply for titling?

A: it depends if you are in good faith or bad faith o

otherwise. This is because you are not allowed to coun

for the purposes of prescription those years when the

property was not yet alienable and disposable. So you

have to start from zero regardless of how long youve

been in actual possession of the property. So in this

example, you start counting from the year 2000.

This is one of the more important differences between

paragraph 1 and 2.

After the property has been classified as patrimonial, that

is the only time prescription begins to run in favor of the

possessor. Before that, even if youve occupied the land

for 120 years, it will not matter. So once the period has

been completed, 2 legal events occur:

1) the patrimonial property is ipso jure converted

into private land;

2) the person in possession for the periods

prescribed under the civil code acquires

ownership of the property by operation of the

civil code.

Once the possessor automatically becomes the owner o

the converted patrimonial property, the ideal next step is

the registration of the property under the Torrens system.

How do you distinguish Paragraph 1 and 2?

Paragraph 1 Paragraph 2

Basis of

registration

Possession prescription

What law do you

apply?

PD 1529 Civil code

provisions on

prescriptionWhat laws would

allow application

for titling for

possession

OCENPO since

June 12 1945

Both the property

registration

decree and

public land act

(CA 141)

Property

registration

decree and the

civil code

The possessor is

entitled to secure

judicial

confirmation of

his title as soon as

it is declared

If it is only now

declared as

alienable and

disposable,

regardless o

how many years


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alienable and

disposable

it has been

possessed by the

person, the

computation of

the period begins

at zero.

Does not require

that the property

is alienable and

disposable for

the entire periodof possession

It is required that

the property is

alienable and

disposable

Ex: youve been in the property since june 1935, and then

this time, in 2012, the government has declared the

property as alienable and disposable. Automatically,

youre the owner. All you have to do is confirm that

youre the owner by securing a certificate of title. It does

not even matter if for the entire period of your possession

is the possession of something which is beyond the

commerce of man. When the government came out

with the classification that it is now alienable and

disposable, youre automatically the owner.

But in Paragraph 2, the rules are different.

Let us suppose that youve been in possession of the

property for 50 years and it is only now that the

government is saying that it is alienable and disposable.

You cannot apply.

Q: youve been in that property for 50 years, its alienable

and disposable but to the extent that somebody else has

a title. Can you seek titling for the property?

A: no. its already covered by the Torrens title. Prescription

does not run against a Torrens title because it isindefeasible and imprescriptible.

Prescription does not also apply in the case of co-

ownership. There cannot be any prescription unless there

is a repudiation of co-ownership.

Land Titles

August 14, 2012

Transcribed by Pearl Canada

Remember in Par.1 of section 14 of PD 1529, the

reckoning point is made from the date of

commencement of possession, under paragraph 2 the

reckoning period is when the land was declared as

alienable. As held in Heirs of Malabanan v Republic,

because public domain lands become patrimonial

property not only in the date of declaration that these

are alienable and disposable, there must also be an

express government manifestation that the property is

already patrimonial or no longer within for public

service. Under the Civil Code, only when the property

becomes patrimonial can the acquisitive prescription

period begins to run.

Distinctions between Sec14(1) and par 2

Sec 14 (1)

Mandates registration

on the basis of

possession

Sec 14 (2)

Mandates registration

on the basis of

prescription

Is applied without

reference to the civil

code

Explicitly refers to

prescription which is

found in civil code

Registration is extended

under the property

registration of Public

Land Act

Registration made

available by both Public

Land Act and Civil Code

Prescription cannot be applied in 3 instances:

1. When property is covered by Torrens title

2. Land is inalienable

3. In case of co-ownership, so long as the co-owne

expressly or impliedly recognize the co-ownership. Fo

prescription to apply, the co-owner must have

repudiated the co-ownership and the co-owners are

aware. *Read Heirs Malabanan v Republic

A multiple choice exercise:

Suppose Bougart is a registered owner of land

adjoining Marikina river in 1970, in 1980 he built a dam

that trapped sediment leading to an increase to his land

area and it is now year 2005. What is the correct lega

conclusion?:


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a. Bougart is entitled to have the increase in

area included in his certificate of title by

way of accretion.

b. Bougart is only entitled to the increase in

2010 by way of prescription.

c. The increase in Bougarts land is part of the

public domain owned by the stated. Bougart is ipso facto entitled to the increase

by way of prescription.

Answer: C. Because under section 14(3), who can be

allowed to register land by way of accretion.

What is Accretion?

Under Art 457 of Civil Code The owners of landsadjoining the banks of rivers below the accretion which

they gradually received from the effects of the current

of the waters.

Requisites for Accretion:

1. Deposition of soil or sediment be gradual and

imperceptible, it is not something that is

violently added to your land because in thatcase that is already avulsion.

2. That it can be the result of the actions of waters

of the river

3. That the land takes place is adjacent to the

banks of the river. The person claiming the land

must show in preponderance of evidence that

he has met all the requirements provided by

law.

Accretion must be exclusive work of nature and not

caused by any human intervention.

How is Accretion asked in Bar?

The formula is always the same, you have to

identify whether the accretion is one that is valid based

on the requisites. Most of the time what the SC adds as

spiller would be that there is something that the

riparian owner did which may or may not have

contributed to the increase in his land area, and that is

for as long as there is something that contributed to the

increase in the land area which is a work of man rathe

than work of nature, you have no choice but to answer

it is not accretion.

An accretion does not automatically become a

registered land, it is not necessarily mean that the

increase is already yours. No, as such it must be place

under the operation of the Torrens system. So you file

petition for registration for accretion which is in effect a

confirmation of title already vested to a riparian owne

by the law. Because Article 457 declares that to the

owners of the land below the accretion which they

gradually received from the effects of waters. Its just

that for you to have the land registered you need to file

petition for registration, again it is in effect a

confirmation of your title which the law already ves

upon you.

Must be noted however that an accretion from the sea

is part of the public domain and generally outside the

commerce of man. Take note of the difference

accretion from the river and accretion from sea.

Take note also of Art 461 of NCC which states that

riverbeds which are abandoned through the natura

change and course of waters ipso facto belong to the

owners whose lands are occupied by the new course o

the proportion of the area lost. However, the owners o

the lands adjoining the old bed shall have the right to

acquire the same by paying the value thereof, which

value shall not exceed the value of the area occupied by

the new bed.

Katong tag-iya sa yuta kung asa naga agi ang sapa

mudako na iyang area because there is no more wate

there but because it changed course it is possible tha

another land owner may have been affected and his

landholding may have been increased.


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The landowner affected by the change of the course of

the river, thereby diminishing his estate is the one who

owns what was left for the old course of the river.

So its possible that in one track of land there are 2

owners which is not favored by the law thats why the

law allows the owner of the land adjoining the bed to

acquire by paying.

So important provisions to remember Article 257-461.

Read also the case of New Regents Sources v Tanjuatco

GR 160800, April 16, 2009.

Public Land Act (CA 141)

When it was promulgated by legislative was some sort

of revolutionary legislation. Inasmuch as it recognize

certain modes of acquisition of land titles which in a

way derogates upon the regalian doctrine, meaning all

lands belong to the state. And lands which are not

clearly of private ownership are presumed to belong to

the state. That is the effect of CA 141 at that time, and

it provide means for people who desire to own lands.

Under section 11 of this Act, agricultural lands can be

disposed of only as follows and not otherwise:

a. homestead settlement

b. sale

c. lease

d. confirmation of incomplete titles which can be

judicial or administrative proceedings

What is issued in homestead settlement? Homestead

patent, same with sale, and lease patents. In

confirmation of titles, you are given a free patent.

There are certain conditions before you can be awarded

of these types of patents that must be complied with by

an individual:

Example, when the law requires that a certain individua

must have possession for such amount of time, tha

must be complied with otherwise, pwede mawala sa

imoha ang preferential title over the said land.

Under section 11, you need to remember that the

subject of titling here is only agricultural lands.

Who may apply for Homestead Patent

1. Any citizen of the Philippines over the age of 18

years. (the law does not distinguish between

natural-born, naturalized or dual-citizen)

2. If you are head of a family, you are entitled to

apply(below 18 yrs who are head can also

acquire, since CA 141 was promulgated where

legal age was below 18, but now, you have to

be in proper age to be entitled.) who does not

own more than 24 hectares of land or who does

not have been subject of gratuitous grant more

than 24 hectares of land since the occupation of

Philippines by US.

Right now you have to remember due to the enactmen

of CARP, you are only entitled up to 5 hectares of land ifyou are alone, but if you have children, each can own 5

ha.

Procedure for Homestead Patent

First is entry, upon the filing of application for

homestead the applicant may be authorized to take

possession of the land upon the payment of entry fee.

Second, commencement of cultivation which is 6

months counted from the approval of the application

the applicant shall begin to work on the land otherwise

the applicant will lose his prior right to the land. (When

your application is granted, you are given priority ove

the land). No land shall be granted unless at least 1/5 o

the land is cultivated within not less than 1 or more

than 5 years from the date of application. So, when the

application for homestead is approved you have to

commence your cultivation within 6 months from that


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date and then within 1-5 years you must be able to

already improved or cultivate 1/5 of the land. (thats

why a lot of homesteaders lose their homestead

because before what is 1/5 of 24 ha? Around 4 ha,

needs a lot of resources to cultivate within 4 years)

Why minimum of 1 and maximum of 5 years? Because

the law wants prior cultivation, you can only commence

cultivation at the time the application for homestead

has been approved. bawal ang prior cultivation.

Third, the applicant must be residentfor at least 1 year

continuously in the municipality where land is situated

and has cultivated 1/5 of the land continuously and

shall make an affidavit that no part of the said land has

been alienated or encumbered and that he has to

comply with the requirements of CA 141.

Fourth, upon payment of final fee shall be entitled

already of the issuance of homestead patent.

*If it shall be proven that the land under the law cannot

be subject of homestead grant, the patent can be

cancelled.

Q: Are you entitled to a patent if you changed your

residence?

A: No. The patent entry may be cancelled so, residence

is a continuing requirement. Also, if you have

voluntarily abandon the land for a period of 6 months at

any time during the years of residence and occupation.

Note, he law does not require continuous absence for 6

months.

*Remember that only one homestead is allowed for

every person.

After the approval of the application and before the

patent is issued, if the qualified applicant canno

continue with his homestead and there is a bona fide

purchaser for the rights and improvements of the

applicant, and the conveyance is not made for the

purposes of speculation (meaning, so that you can re

sell it, that is speculation) he may, with the previous

approval of Director of Lands must transfer the land andany improvements thereon to the person legally

qualified to apply for homestead.

Any person who must so transfer his rights may not

again apply for new homestead. Every transfer made

without previous approval by DOL shall be null and void

Sales Patent

Under section 22, Any citizen of lawful age of the

Philippines, and any such citizen not of lawful age whois a head of a family, and any corporation or association

of which at least sixty per centum of the capital stock o

of any interest in said capital stock belongs wholly to

citizens of the Philippines, and which is organized and

constituted under the laws of Philippines, and corporate

bodies organized in the Philippines authorized unde

their charters to do so; may purchase any tract of public

agricultural land disposable under this Act, not to

exceed one hundred and forty-four hectares in the case

of an individual and one thousand and twenty-fouhectares in that of a corporation or association, by

proceeding as prescribed in this chapter: Provided, Tha

partnerships shall be entitled to purchase not to exceed

one hundred and forty-four hectares for each membe

thereof. But the total area so purchased shall in no case

exceed the one thousand and twenty-four hectare

authorized in this section for associations and

corporations.

Lease Patent

Under Sec. 33. Any citizen of lawful age of the

Philippines, and any corporation or association of which

at least sixty per centum of the capital stock or of any

interest in said capital stock belongs wholly to citizens

of the Philippines, and which is organized and


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constituted under the laws of the Philippines, may lease

any tract of agricultural public land available for lease.

Your contract with the government is the lease patent

that the government issues.

Mystery Movie of Sir: I guess it was Eyes Wide Shut

movie

Free Patent

Under section 11, remember that only agricultural lands

can be subject of issuance of free patent.

Take Note of this law, RA 10023, AN ACT AUTHORIZING

THE ISSUANCE OF FREE PATENTS TO RESIDENTAL

LANDS. This is actually a novel proposition.

Under this law, Section 1 in qualifications. - Any Filipino

citizen who is an actual occupant of a residential land

may apply for a Free Patent Title under this Act:

Provided; That in highly urbanized cities, the land

should not exceed two hundred (200) square meters; in

other cities, it should not exceed five hundred (500)

square meters; in first class and second class

municipalities, it should not exceed seven hundred fifty

(750) square meters; and in all other municipalities, it

should not exceed one thousand (1,000) square meters;

Provided, further, That the land applied for is not

needed for public service and/or public use.

Kini ang mas kinihanglan sa mga tao.

LANDTITLES

August 28, 2012

Pearl Canada

Application shall be in writing, signed by the applicant or the

person duly authorized in his behalf and sworn to before any

legal officer authorized to administer oath in the province orcity where the application was actually signed.

The application shall contain the following particulars:

1.description of the land applied for together with the

improvements thereon if any.

2. Citizenship and civil status of the applicant; whether single

or married, the name of the husband or the wife. If the

marriage has been legally dissolved when and how the

marriage relation terminated.

3. Assessed value of the land, building and othe

improvements.

(This is important for jurisdictional reasons)

4. Any mortgages or encumbrances on the land, or the names

of other persons who may have a legal or equitable interest

therein. (this is also important for the simple reason that these

people must be given notice)

5. Manner by which the applicant has acquired the land.

6. Full names and addresses of all the occupants and those of

adjoining owners if known, and if not known shall state the

extent of search made to find them, (because occupation is

more or less similar to possession and sometimes an incident

of ownership, adjoining owners must be identified because of

the possibility of over-lapping of boundaries)

7. When the land applied for borders on road. It shall whether

or not the applicant claims any and what portion of the land

within the limits of the way or road, and whether the applicant

desires to have the line of the way or road determined

(Sec.20)

8. The court may require facts to be stated in the application in

addition to those prescribed by this decree not inconsistent


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therewith and may require the filing of any additional papers. It

may also conduct an ocular inspection, if necessary. (Sec.21)

*Remember the difference between ordinary civil procedure

and procedure in land registration. In civil proceedings there

are only 7 pleadings that are required: complaint, answer,

counterclaim, cross-claim, reply, third-party complaint and

complaint-in-intervention.However in the land registration you

have the application and there can be the opposition as to

what other pleading to present it could be under the discretion

of the court, for any other additional papers. The court may

require the parties sometimes to submit a position paper, state

your legal arguments and convince the court with respect to

your position why you should be given the privilege of owning

this land under the Torrens system.

What should accompany the application for registration?

1.Application for registration must be accompanied by tracing

cloth plan duly approved by Director of lands

2. 3 copies of technical descriptions

3. 3 copies of surveyor certificate or original muniments of title

What is muniment of title?

Muniments of title are instruments or written

evidences which applicant hold or possess to enable him to

substantiate claim to his estate.

4. 4 copies of certificate from city or provincial treasurer of the

assessed value of the land.

5. In case of non-resident applicant, he shall file with his

application an instrument in due form appointing an agent or

representative residing in the Philippines.

Instances when the court can dismiss application for

original registration:

a. In the case of a non-resident application where itis prosecuted in a representative capacity, in theevent that the agent or representative dies or

leaves the Philippines, the applicant must makeanother appointment for the substitute and if hefails to do so, the courts may dismiss theapplication.

b. If the application is filed in the wrong court ovenue (difference between jurisdiction andvenue: J is governed by substantive law while Vis procedural)

c. If the land is not per se, registrable

d. If the land has been previously subjected to theoperation of the Torrens system. Simply put: landhas already been registered.

e. If the applicant is not qualified under theConstitution

Difference between Dismissal and Denial of application:

Dismiss means thats the end of the case. If you wan

to file again you have to pay all the required fees all overagain. If application is denied, there is still hope. It is only

denied for the moment. You can always rectify the error and

have the court still take cognizance of the case.

What are the causes?

a. If the applicant has not furnished the Director olands a copy of the application and all requiredattachments, in that case the clerk of court wilnot accept the application. It will only be denied.

b. Failure to make oath before duly authorized

person. (Now, law is not clear in the event thathe application is not verified, in my submissionwould be to apply procedure in civil cases wherethere is no immediate dismissal of the casewhenever there is defect in the verification, imust only be denied.)

Importance of verification is to maintain truthfulness in the

application because, in the event of false declarations in the

application, one can be criminally held for Perjury.

Application shall be filed in the Regional Trial Court of the cityor municipality where the land is situated.

Sec.2 of Property Registration Decree, the court used the

Court of First Instance, now RTC shall have the exclusive

jurisdiction over all applications for original application of title to

lands, including improvements and interests therein and over

all petitions filed after all petition for original title. So, the

jurisdiction refers to both the original application and

subsequent dealings in the property. An example is the

reconstitution of loss title, this is filed in RTC.


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Such courts (RTCs) shall have the power to determine and

hear cases arising from such application or petitions. The

Court, through its clerk of court shall furnish the Land

Registration Commission certified copies, pleadings, orders

and decisions filed or issued for land registration with

exception of stenographic notes within 5 days from the

issuance thereof.

Here, the jurisdiction of RTC is exclusive and original. RTCs no

longer have limited jurisdiction in original registrations for land

title.

Case: Aberia v Caguia 146 SCRA 459

Is this jurisdiction of RTC really exclusive?

No. because under sec 34 of BP 129 as amended by RA 7691

Allows MTCs to hear cadastral land registration.

Sec.34 provides, MTCs may be assigned by SC to hear and

determine cadastral or land registration cases covering lots

where there is no controversy or opposition or contested lots,

the value of which does not exceed 100,000 pesos.

Which of the following land cases may be heard by MTC in

cities:

a. Application for land title of a lot contested by 2claimants, the assessed value being 50,000 pesos.

b. Application of original registration of an uncontestedlot, assessed value being 120,000

Answer: B. so, if the lot is contested the value is limited to

100,00 but if it not contested there is no limit to the value. But

remember it is not automatic, the SC must assign the MTC to

hear cadastral cases.

Value of the lot means? Fair-market or assessed value?

-It is always assessed value for jurisdiction to apply.

Note: Appeal cases in MTC as delegated court by SC shall be

filed in CA not RTC.

Q of Fact or Q of Law?

It has something to do with the remedy. If it is Q of

fact you have to appeal in CA not in SC bec it is not trier of

facts. If mixed Q of Facts and Law, still CA.

LAND TITLES- Sept 4, 2012

I think the last topic we discussed before we were

interrupted by earthquake is whether or not there

can be default in a land registration case? of course

the answer would be YES!From the motion of the

applicant, if the person here is absent within the

time allowed, the court would order a default and

will be recorded and will require the applicant to

present evidence.

Now what if you are a claimant over the same

property which is the subject of the origina

registration case, can you restore or can you ask

the court to restore your standing? Meaning you

can now file a position despite the fact that you didnot appear during the date of initial hearing and

then you did not submit any opposition? The

answer is YES! because a defaulted interested

claimant may gain standing by filing a verified

motion to set aside the order of default under rule

5 section 3 of the rules of court which applies

suppletory in a land registration case.

Can you file a motion to dismiss? YES! again

because of suppletory application of the rules in

land registration cases provided in section 34 of PD1529.

Ok! After the filing of the answer or opposition of

the application, of course the RTC will now proceed

to hear the application for land registration and

during this hearing by the RTC the applicant must

of course present evidence like in any other case,

like, what would be the specific evidence that

would be required of the applicant?

First, Of course you need to present that the land isalienable or disposable, that it had been withdrawn

from public use and therefore registrable public

land, and that would usually come in a form of

declaration from the executive branch of the

government declaring that such land is withdrawn

from public use and it is already alienable and

disposable land of the public domain.


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Second of course as the applicant you have to

present proof as well as to the identity of the land

and therefore you have to prove before the court

the specific meets and bounds of the properties, sa

ato pa you need to present unsa na ka dako nang

property na imong gina applayan, what would be

the specific description of the property or how

many square meters, you will need to present that

too.

Finally the proof of acquisition of ownership of

such land under section 14 of PD 1529, whether

you have acquired it by prescription, or by virtue of

paragraph 1, or you are applying such property as a

result of accretion and so on and so forth.

Ok so after hearing of course, whether there is an

opposition or not the court will indeed promulgate

this judgment under section 28 there can be partial

judgment. This happens when only a portion of

land is contested, the court may render partial

judgment provided that a subdivision plan showing

the contested or the uncontested portion is

approved by the director of lands previously

submitted by the parties and of course in relation

to what we have discussed earlier that when there

is controversy as to the boundaries of the

properties, the parties may be required to submit a

subdivision plan. So this is the application this time.

So that para dili kaayo dugay, the court can renderpartial judgment and pending resolution of the

controversy in the mean time, such controversy is

subject to the issuance of certificate of title. All

conflicting claims of ownership in the interested

lands subject of the application shall be

determined by the court and the court after

considering the evidences and the reports of the

commissioner of land registration and the director

of lands finds that the applicant or the oppositor

have a sufficient title proper for registration,judgment shall be rendered confirming the title of

the applicant or the oppositor to the land or

portion thereof. So it foresee a situation where you

are the one whosfiling an application for original

registration of property not covered by a torrens

title and the reason for the opposition, that it was

the oppositor who was able to prove by quantum

of evidence required by law, he is now entitled to

the property, as if the oppositor filed the

application.

So how can you prove that the applicant is not

entitled to the same? you also present the same

thing, you have to present of how you have

acquired the property, if you are the oppositor and

also the specific meets and bounds of the property

so as if the judgment would cover all conflictingclaims over the land. Then after promulgation of

judgment by the court then it will issue its

judgment or it will issue its decision, the judgment

rendered by a land registration proceeding

becomes final upon the expiration of 30 days to be

counted from the day of receipt of notice of the

judgment. After the judgment has become fina

and executory, it shall be the duty upon the court

to report with issues directing the commissioner of

land registration authority to issue the decree ofregistration and the corresponding certificate of

title in favor of the person adjudged and entitled to

the registration. So take note of the period here, 30

days to be counted from the day of receipt of

notice of judgment. What would happen after the

expiration of the period? The judgment becomes

final and executory. And after the judgment has

become final the court will issue an order, the

order will direct the commissioner or the land

registration authority to issue the so called decree

of registration and the corresponding certificate of

title in favor of the person adjudged and entitled to

the registration.

So the decree of registration is issued by the land

registration authority rather than the court, so

what will the court issue? The court will issue a

judgment and not the decree. So for all intents and

purposes the judgment of the court is more or less

the same as the decree of registration and they are

identical in all aspect.

Since it is the commissioner or the land registration

authority that will issue the decree of registration

what duty is involved in such an issuance? It is a

ministerial duty or a discretionary duty from the

part of land registration authority. Now at this

point the answer to the question is that first we

need to know what a ministerial duty is and a

discretionary duty is. Of course discretionary duty

involves discretion. So you have to choose between


12/26

two options so it involves discretion, thats choice.

Ministerial duties on the other hand do not involve

such discretion it has to be done, thats what a

ministerial duty is. Kung a tribunal or an officer

does not have to choose whether naay mudaog or

mapilidi, that it has just to act to a certain matter

that is a ministerial duty.

Now when the commissioner or the landregistration authority would issue a decree of

registration is it exercising discretion? Is it simply

following a superior body and would say in this

case, the superior body is the court and in that

sense it is ministerial in character because it has

no discretion on the matter whatsoever. When the

court decrees that Mr. A, the applicant is entitled

to a titling to the property he is applying before

the land registration authority, and the LRA abides

with its order, the LRA would have no choice, theLRA has just to issue a decree of registration.

Now in the case of GOMEZ VS CA DECEMBER 15,

1988 the Supreme Court said that the duty of the

land registration officials to issue a decree of

registration is purely ministerial. it is ministerial in a

sense that they act under the orders of the court,

and the decree must be in conformity with the

decision of the court, and they have no discretion

in that matter, very simple it is of course ministerial

it has to be in conformity with the judgment of thecourt and the available facts on record in a land

registration case. Now what would be the effect s

of the declaration that duties are ministerial?

The availability of certain remedies, when

something is need to be done by an officer or

tribunal is one that would entail discretion and the

tribunal refuses to act what would be the proper

remedy? You can then couch that under the

general terms grave abuse of discretion amounting

to lack or excess of jurisdiction and normally you

can file a certiorari, that is your remedy, youre

questioning discretion

But when you question something that is not

discretionary, what can you use or what is your

remedy that you can avail of? You can avail of the

remedy of mandamus. But lets not jump forward

yet because I am not prepared to tell you that it

being a purely ministerial function, the issuance of

decree of registration can be compelable by

mandamus? I am not prepared to tell you that yet

but for one the effect of that the characterization,

that it is ministerial in character, this duty to issue a

decree of registration as ordered by the court by

the land registration authority would be that you

dont normally go to the motions of securing an

execution, another difference of an ordinary civi

case and a land registration case. In an ordinary

case, Mr. A files a complaint against Mr. B and the

court orders Mr. B either to vacate the property if

it is an ejectment case, to pay damages or to do a

certain thing, a judgment which compels the

performance of an obligation, obligation to give

obligation to do and not to do, no matter how you

look at it, it is always the content of a judgment, to

compel the performance of an obligation.

So let us suppose that in an ordinary civil case,pahawaon nimu ang defendant then to pay

damages is it automatic when the court issues a

judgment automatically that will be done? NO!you

have to file what we call a motion for execution

provided that the judgment has become final and

executory .

When does it become final and executory? Upon

the expiration of the period to appeal if there is a

further appeal allowed, but when we say the

judgment was rendered by the Supreme Court, wlana jud tay mabuhat ana! You cannot appeal further

so it immediately becomes executory. But there is

a thought that you still have to wait because there

is a remedy what we call as motion for

reconsideration before the SC, in which the SC

rarely grants. But there are a lot of cases when the

SC made a complete turn around, in a case by

reason of a motion for reconsideration, one of

these cases if one that you will take up in labor law

and in torts and damages, and that would be thecase of RAMOS VS CA, I do not know if you are

familiar to that but it is a labor standard case, it is

one case where the SC decreed that the employer-

employee relationship can be declared even if you

know it is not part in the labor code, the SC wil

supply an employer-employee relationship. But

upon motion for reconsideration the SC, it made a

turn around to their previous decision and said NO

There is no employer-employee relationship. So


13/26

the point I am making is that, upon the expiration

of the period to appeal the decision becomes final

and executor, so thats how it is, and in ordinary

civil cases, and when it becomes final and

executory there is an entry of judgment, if it will be

finalize in court, the court will issue a finality of

judgment then after that, you can already file a

motion for execution because that would be the

only time that you will be entitled to the fruits of

the judgment. In an ordinary case, the court will

direct the sheriff to compel satisfaction of the

judgment in a land registration case, however the

cause of its ministerial duty, you do not have to file

a motion, so that the LRA will issue a decree of

registration. Thats the first effect that the

characterization of a duty to issue a decree of

registration is ministerial in character no need to

file a motion for execution and according to the SC

in the case of REPUBLIC VS NILYAS JANUARY23,2007, there is no need for the prevailing party

to apply for writ of execution in order to obtain a

title and to compel the LRA to issue a decree of

execution. If upon a case it will become final and

executory, ipso facto that is the effect.

Now a very important question is that can a

mandamus be availed of? Now there is already a

judgment by the RTC declaring you to be entitled

to a land in question, you are entitled to have a

title issue in your name, now the thing is the LRA

does not want to issue a decree of registration, in

other words what is the effect? You have judgment

but the case in the meantime would not run, sa ato

pa walay mahitabo, nganu wala may mahitabo?

Because walay mu issue og decree of registration.

Now remember without the decree of registration

there is no title that can be issued, so you feel

aggrieved why is it the LRA is taking too long issue

a title in my name? because I want to obtain a loan

and secure such title as a mortgaged kay kailangannako og kwarta. Can you file a petition for

mandamus to compel the LRA to issue a decree of

registration? Of course upon the assumption from

that GOMEZ case, that is not ministerial, while a

ministerial function can be compelled by a

mandamus, in this case in LABORADA VS LRA,that

was precisely the contention of the applicant. Now,

the LRA in issuing a decree of registration

contends that there is a possibility that the title to

be issued is erroneous on the ground that such

property have been already subjected to a previous

title, in other words that the land had been

brought previously to the operation of the torrens

system. Now the issue that confronted the

Supreme Court is that, can mandamus be the

proper remedy? According to the SC, mandamus

cannot be a proper remedy for three reasons:

1. Judgment here is not yet executory. The

judgment which seeks to enforce in this

petition is not yet executory and

incontrovertible under the land

registration law because the contention

of the petitioners in LABORADA is that

30 days have already passed, no avails

have been made, therefore it shall be

issued the decree of registration. But

according to the SC NO! That is not theperiod. For a judgment to be final,

executory and incontestable what is the

period under the land registration law?

What have you learned? It is 1 year

from the date of issuance! so it is no

yet final and executory and therefore no

registration of title yet

2. The SC said a void judgment is possible

It is possible because of the findings of

the LRA that the property has been

subjected to the operation of the

torrens system, that there is a

duplication of the titles that would be

issued over the same parcel of land and

in that case, thus, judgment declaring

the present land to be subject to titling

is of course void

3. And finally according to the SC the

issuance of the decree of registration in

this case is not ministerial in character

So what happens to the ruling of the SC in

the case of GOMEZ vs CA? let me tell you in

the case of GOMEZ, its good law, it has not

been abrogated, it is not even an aberrant

decision of the SC saying that the issuance

of the decree of registration by the LRA is a

ministerial act but why is in this recent case

in LABORADA, the SC is saying it is not a

ministerial act it is well settled that the


14/26

issuance of the decree of registration is not

a ministerial act. Lets go first to what the

SC said about it. The issuance of the decree

of registration is part of the judicial function

of the courts it is not merely a ministerial

act and it may be compelled through

mandamus. Moreover, after the rendition

of a decision by a registration or cadastral

court, there remain many things to be done

before the final decree can be issued, such

as the preparation of amended plans and

amended descriptions, especially where the

decision orders a subdivision of a lot, the

segregation therefrom of a portion being

adjudicated to another party, to fit the said

decision. Furthermore, although the final

decree is actually prepared by the Chief of

the General Land Registration Office, an

administrative officer, the issuance of thefinal decree can hardly be considered a

ministerial act for the reason that said Chief

of the General Land Registration Office acts

not as an administrative officer but as an

officer of the court and so the issuance of a

final decree is a judicial function and not an

administrative one.

Two very conflicting decisions eh? But let

me tell you that there is no conflict. Why do

I say that? Go back to the general rule the

duty to issue a decree of registration can be

considered ministerial, if there is doubt or

dispute to the title, like for example there is

an application for registration, the

opposition says that NO the property is not

registrable but the court still issues a

judgment saying the applicant is entitled to

the registration, now what would be the

duty of the LRA? Nganu man in the first

place kailangan tagaan og kopya ang LRA?So that the LRA can check, is the property

registrable? Is this property already covered

by any torrens title? Because if it is original

registration cannot follow, now if the LRA

finds that there is no really a controversy or

dispute, now that is the time when the LRA

has to follow strictly as stated in the

petition and has issued a decree of

registration, in that case that is ministerial if

there is really no dispute but when the LRA

thinks that there is a problem if they would

issue a decree of registration and

subsequently issue a original certificate of

the land. What now is their duty? Not to sit

quietly or wait for the parties to make their

moves, NO! the LRA must refer the matters

of fact to the court the issue of the

judgment and it is possible that their

judgment is vague because this property is

not registrable or this property had been

already subject under the torrens system in

that case it is not compelable by mandamus

because the court is still to decide on such

matter. So no conflict whatsoever if there is

no dispute whatsoever, it is of course

ministerial once the court says judgment is

rendered in favor of the applicant and then

the LRA is mandated to issue a decree ofregistration and it has to but if there Is

doubt at any point in relation to the

preparation of the issuance of the decree

notably where the land had been already

decreed in another name and an earlier

land registration case, then mandamus is

proper. Because it is the duty of the LRA to

refer the matter to the court they act in this

respect as officials of the court and not as

administrative officials, and their act is theact of the court. They are specifically called

upon to "extend assistance to courts in

ordinary and cadastral land registration

proceedings. So para dili ta maglibog ingan

lang ni ka simple if the LRA acts as purely

administrative office meaning no

controversy no dispute but duty to issue is

ministerial it is compelable by mandamus

But if it acts as an officer of the court

because there is dispute then it cannot be

compelled by mandamus. So were done

with that the decree of registration.

So far what are the important documents

that the applicant has really no part in the

preparation thereof?

Of course first,the applicant has to file this

application and then judgment will be

rendered if everything is to be found in


15/26

order and he has proven of what is required

to prove under the law. Now the important

documents after that would be of course

the judgment of the court which is already

final and is the basis of the order directing

the commissioner to issue the

corresponding decree of registration and

certificate of title.

Second, after the judgment of the court,

there is still separate order from the court

directed to the commissioner to issue the

corresponding decree of registration and

certificate of title.

Thirdyou have decree of registration and,

Finally you have the certificate of title

which for all intents and purposes is the

transcription of the land.

Now in the land registration case

specifically in original registration three

documents must be totally in harmony to

each other

1. Judgment of the court which is the basis

of the decree of registration both of them

must be in harmony

2. And then we have the certificate of titlewhich merely recites the ultimate facts in

the petition, it also have to be in harmony

with the judgment of the court and the

decree of registration. Pareha ra na sila og

contents, if along the way there is a change

in this particular judgment, nag differ ang

decree og ngdiffer ang certificate of title as

issued, now there is something wrong

there, which would render the title

sufficient to be susceptible to attacks if it is

not in conformity with the decree of

registration. So after the issuance of the

decree of registration, the decree of

registration is entered in the land titles

administration, then after that the copy of

the decree is submitted to the registry of

deed where the land is situated because

our LRA is where?it is in Manila it is not

here. Naa tay ROD pero ang central office

nasa Manila. I do not know where, I have

never been there. So magpadala sa decree

and that would constitute the authority of

the ROD to of course issue a title. Now this

decree of registration is transcribed in the

ROD in his/her registration book and finally

there would be an issuance of the titles.

Two titles would be issued in effect of its

existence. One would be the ownersduplicate certificate of title given to

applicant by the LRA upon payment of the

prescribe fees but there is another title,

where is that title? It is kept in the custody

of the ROD of the place where the land is

situated, so that we can now apply our

mirror principle, curtain principle, and so on

and so forth, how so? Because you cannot

transact dealings with regards to your

property without your owners duplicatecertificate. Or whatever annotation that wil

be placed in your own copy of the origina

certificate of title it must be reflected in the

copy kept by the ROD kining duha dpat in

harmony jud. They should mirror each

other kung unsang annotation sa isa dapat

mu appear sad sa isa . just simple as that

.and they keep it, a lot of it, just imagined

how many land title has been issued in

davao cirty alone, not to mention TCTs

from OCTs, not to mention patents which

are of course kept in the ROD, can you

imagine pila kabuok titles ang naa, and

davao city is just a small place, so you have

there a very big vault, as of now our ROD

still not yet in order, because of the transfer

of hall of justice in ecoland to the present

ROD here in magallanes. So everything is

not yet in order. I have a case and I needed

the original certificate of the title and

needed copies of whatever document thatwill tend to lead to the issuance of the title

so I have going there for almost a year and

the records there is not yet in order and you

cannot blame them because of the

voluminous nature of the records

Thankfully right now everything is kept as

PDFs, it can be easily access in the

computer pwede na nimo na mkita masking

wla ang title physically sa imoha iopen lng


16/26

nila to mkakita ka kung naa bay annotations

og problema sa title na ni and mind you the

ROD is the most busiest offices in our

bureaucracy for whatever reason again im

telling you, you know gamay lang kaayo ang

davao pero grabe ang transaction sa yuta sa

davao, just imagined, so if you go there you

do not know anybody maabtan kag ugma.

Now we have now an overview of what

happens from the time the applicant first

sets his application, filed it before the court,

proceedings before the court, he must

proved his entitlement before the court,

there is issuance of the judgment, issuance

of decree of registration then you have

issuance of title, that is more or less the

basic procedure, it is not so difficult to

remember or to understand it but it is onlyone in the cases in land registration.

Now we will be dealing with remedies what

do you do? Title has already been issued

but you were not included when in fact you

should be included or you should be the

owner of the property subject to title. Now

you will now defend on whether or not a

decree of registration had already been

issued? Now why is that the issuance of

decree of registration is the reckoning pointfor the purpose of identifying remedies.

Why is a decree of registration issued?

simply means that the case is already final

and executory.

So lets go to the remedies first prior to the

issuance of the decree of registration which

means that the case is not yet final

1. First is of course when you are

aggrieved by a judgment, meaningnapildi ka, what will you file? Well you

can file a motion for reconsideration as

the LRA will reconsider its judgment

because there may have been some

errors with regards to its finding of facts

but also as to its findings of law

2. Or instead of a motion for

reconsideration you file for a motion for

new trial, in civil procedure you will

learn more of this. But what is the

concept of a motion of new trial? It is

simple as this, for example, we have to

re-try this case, I was not given my day

in court because of fraud, I was

compelled not to make my presence, or

I was compelled not to file my

opposition, and therefore If I was able

to file my opposition the judgment of

the land registration court will be

different, so thats a motion for new

trial, but let me tell you this kind of

motion is rarely granted by courts, for

example a motion for reconsideration,

so you are asking the court that 1 + 1= 2

to reconsider its finding and you will say

1 + 1 = 3 something like that, in other

words pa gang korte mo issue na og

judgment what will be the likelihoodthat the court will change its mind?

Murag ako gud ningingon nako na dil

jud ko mutanaw og ANGELITO

ningingon nako na ingana tpos

nkadungog mo, so whats the likelihood

will watch it? On the principle that dil

ko gusto mapaulawan dili jud ko

mutanaw, but on the other hand, kaye

abad is there in my opinion is a quite

fine woman, maxim issue no 2, yes yesyes I remember that, issue no. 1 is

angelica panganiban, but I dont like

her, anyway the court will say that he is

not liable, now that just because you

filed a motion the court will now think

that he will be not liable, courts rarely

change its decision, panagsa ra kaayo

na, that why in the RAMOS case I was so

surprised, the supreme court by virtue

of a motion for reconsideration made a

complete turn around and said, you

know what we may have been wrong, in

such a short period of time, the SC said

we may have been wrong, courts are of

course different compared to judges

but without a judge the court cant

really function that much, and a judge is

a judge, so it is very unlikely. What

about a motion for new trial? It is also

something that the courts are implied to


17/26

grant? NO! why? You know what no

need to go through a motion, we

already have received evidence, tulo ka

tuig na ning kasoha ni tapos you want to

start a new trial mubalik tag zero?

Courts are very hesitant to those

matters. So what do you do? The

normal recourse would be to file an

appeal the same manner as ordinary

cases decided by the court is appeal.

Which court has appellate jurisdiction

over decisions of the Land Registration

court which for all intent and purposes

is a regional trial court, file an appeal to

the court of appeals, now there is an

exception to that, that is of course

whether it is a pure question of law you

go directly to the SC but most probably

what will the SC do? Because there ishierarchy of courts lets remand the case

to the court of appeals and let the court

of appeals handle this so that you will

have one more remedy after the court

of appeals which is the SC, or before the

issuance of the decree of registration

you can also file a petition for review

under the rule 38 of the rules of court,

this time there are specific grounds like

fraud, accident, mistake and lastlyexcusable negligence, we will discuss

more of these when we will go to civil

procedure, why? Because you will see

the entire process, when a party has

been defaulted, he wants to lift the

order of the court and what are the

grounds? That he was not able to file an

answer because of fraud, accident,

mistake and excusable negligence. Wala

na lift ang order of default what do you

do? File a motion for reconsideration or

you can file a motion for new trial

because of fraud and was not able to

file your answer. Kuung dili pa jud

sugtan ang motion for review under rule

38 on the same ground as of default like

fraud, accident, mistake and excusable

neglifgence. What do you do? Mas

gwapo na sa idiscuss sa civil procedure

because you will see the entire process

which I doubt you will see right now,

just a background. So that is just some

remedies you can avail before the

issuance of such decree.

Now what are the remedies once the

decree has been issued? Of course you

have the petition for review under

section 52 of PD 1529 so what is the

difference between this petition for

review and the petition for review

under rule 38 of the rules of court,

because those are two different

animals, dili na pareha, and there are

specific requisites that apply for section

32of PD 1529,

1. That the owner is deprived of his

dominical right

2. The deprivation was due to intrinsicfault

3. You must file a petition within 1 year

from the issuance of the decree

4. Provided that the property has not

yet been transferred to an innocent

purchaser

But what will happen if it is already

beyond the 1 year period from the

issuance of the decree , and you are

deprived of your right and lets say

there exist fraud in the issuance of the

title? What do you file? You can file an

action for reconveyance, this happens

when the owner of the property is

deprived of ownership of land due to

actual fraud or breach. So next meeting

we will discussing this remedy and al

other remedies provided by law and we

will talking about trust, if it is an implied

trust that will be breached what is yourremedy? If it is an express trust that is

breached what will your remedies as

well. So that will be the subject of our

discussion next meeting.


18/26

Landtitles

September 18, 2012

Pearl Canada

Subsequent registration- refers to incidental matters arisingafter original registration. Dealings after original registrationmay either be:

1. Voluntary

2. Involuntary

The mere execution of deeds of sale, mortgage or lease orother voluntary documents to serve 2 purposes:

1. Contract between the parties (voluntary)2. Evidence of authority of ROD to register such

document

*The act of registration creates a constructive notice to thewhole world of such voluntary or involuntary dealings.

Distinctions

Voluntary InvoluntaryRefers to deeds, intruments ordocuments which are the resultof free and voluntary act ofparties thereto.

Writs, orders or processesissued by a courtrespecting lands which bylaw should be registered.Such instruments whichare not the wilful act ofowner and which might beexecuted without thelatters consent

May include: Sale, lease,mortgage, pacto de retro sale,extra-judicial settlement ofestate, free patents,homesteads, powers of attorneyand trusts.

May include: Statesexercise power ofeminent domain ,attachment(whereproperty is taken by orderof court for satisfaction ofdebt), injunction,mandamus, sale onexecution of judgment,sales for taxes, adverseclaim

Innocent purchaser for value ofregistered land becomes theregistered owner the moment hepresents and files a dulynotarized valid deed of sale and

the same is entered in the daybook of ROD and at the sametime he surrenders or presentsthe Owners DuplicateCertificate of Title covering theland that was sold and pays thefees before the ROD

The entry of deedevidencing the involuntarydealing in the day book ofROD may be sufficientnotice to all persons even

if the ODCT is notsurrendered in ROD.

Common misconception:that whenever youtransact land there isalwasys a need to presentyour title, of course this is

just true if it is voluntary.Because in involuntaryyou dont want to present,you dont have knowledgethat you need to presentyour copy of the title but

the dealing is executedover the propertynevertheless.

There is a need to present thetitle in the ROD and to makememorandum on the title

No need to presentAnnotation in the entrybook is sufficient

Registration is effective onceODCT is submitted withpayment of fees, once it isregistered in the day book ofROD and it is annotated at theback of the title, the voluntarytransaction is deemed registeredand would already affect 3

rd

parties.

Registration is effectiveonce it is entered in theday book of ROD

Section 56. Entry Book. Each register of deed shall keep anentry book in which upon the payment of entry fee

Dili pwede na sa iyang pagdawat sa dokumento ani nga dateunya ang gisulat sa libro lahi. That would be a spuroiustransaction.

Voluntary dealings

Section 51-(read)

Why is it a will is not included in the operation of setion 51?

1. Will is not a contract (except in parole evidence rulebut by legal fiction only)

2. Will does not necessarily convey a registred land athe time that it is already executed because a will isnot automatic. It has to go trhough a process calledallowance or disallowance of a will. In short, that iscalled process of probate, to determine whether theone who made the will was of sound mind at the timehe made the will.

The registration of title is the operative act to convey or affectthe land in so far as 3

rdpersons are concerned. Registration

shall bemade in the office of ROD in theprovince or city wherethe land lies.

In determining jurisdiction remember this 2 classifications:

1. Personal action- venue of the suit will always be where theplaintiff resides

2. Real Action- where property is situated

What happens if the conveyance of property was by forgedcontract?

General Rule: Forged or fraudulent deed is a nullity andconveys no title.

Except: When certificate of title is transferred from owner toforger and sold to innocent purchaser for value and in goodfaith. (Case: Ule v Legare(?)7 SCRA 351)

Chain of Title Theory

An approach to determining the validity of title byexamining the comparative negligence of the parties. In forgery


19/26

there will always be a party considered at fault and a partyconsidered negligent.

Illustration:

I. Bianca owns a piece of land and she has acertificate of title. Bianca went to US and leaves title toKim. Kim forged the Deed of Sale making it appear thatbianca sold the lot to her, and Kim presents the forgeddeed and ODCT to the ROD. As a result the ROD cancelledBiancas title and issues a new title. Assuming that Bianca

comes back and found the forgery, can Bianca recover the titlefrom Kim?

1. In this case who is at fault?

Definitely the forger. Therefore the forger in this casedoes not acquire any right, in this case, Kim.

2. Now what if Kim sells the same property to a 3rd

person,Maja?

Maja now registers the land presenting the TCT of theland which is now registered in the name of Kim. Maja nowsuccessfully obtained the title in her name. now, Bianca comesout, can Bianca recover from Maja? NO.

Maja is an innocent purchser, in this case she is notthe negligent party since she is not aware of what happened.The one negligent here is Bianca for entrusting her title to Kim.

3. Between Bianca and Maja who is the negligent?

Of course, Maja and not Bianca.

II. Bianca has a title over a parcel of land, one night a thiefsteals Biancas title. The thief, Kim went to the bukid and

cliams that she is Bianca and sells the title to Maja. Kimforged the signature of Bianca. Maja registered theproperty with a forged deed and successfully obtained thetitle in her name. biancal ater on found out and file actionfor reconveyance against Maja.

So, the action can prosper? Yes because Bianca lostthe title due to fortuitous event and Maja is negligent herebecause she failed to ascertain the identity of the seller. SinceMaja is negligent she cannot be considered an innocentpurchaser for value.

Is Bianca negligent? No. you cannot be negligentagainst a thief.

III. Suppose Kim steals the title of Bianca, made it appearthat Bianca sold to her and now Kim obtains title in hername. Kim sells the property to Maja. In this case Maja istransacting on the right person because it appears that thetitle is in the name of Kim, Maja is not aware that Kimforged the deed of sale between her and Bianca. SupposeMaja obtains a title.

In this case Maja is not aware neither was shenegligent Bianca is also not negligent since it was stolen fromher.

Chain of title theory is only applicable in cases where a forgeddeed is was the caused of issuance of certificate of title. Thetheory is not applicable where the transferee of the forger isnot an innocent purcahser for value and in good faith.

So you always have to determine the negligence between theparties. Between the owner, forger and innocent purcahsertalo talaga ang forger.

But the conflict arises when it is between the owner and theinnocent purchaser for value. Timan-I lang kinsa ba judultimately ang sad-an? Kung parehas ang owner ug purchaserfor value ang sad-and, what principle you apply?

-The Mirror Principle (you dont have to go beyond thecertificate title)

BAR question:

Spouses X and Y mortgage a registered land to A anddelivered as well the original certificate of title to the latter. Buthey continue to possess and cultivate the land giving ofeach harvest to A, in partial payment of their loan to the latter.

A however, without the knowledge of X and Y forged a deed osale over the said land in favor of himself and acquired TCT inhis name and sold the land to B, who bought the land relyingon As title and who thereafter got TCT in his name. Only thenthat the spouses learned that the land is already titled to Bsname. May the spouses file action for reconveyance? Reason.

- Action of spouses for reconveyance will noprosper because B has acquired title to theproperty as innocent purcahser for value. Aforged deed is an absolute nullity and conveys notitle. The act that the forged deed was registeredand TCT is issued in his name does not operateto divest ownership over property of X and Y. theregistration of forged deed will not cure anyinfirmity. But if the title from the forger falls intothe hands of innocent purchaser, the latteacquires title. (Chain of title theory)

Requirements for voluntary dealing:

1. Presentation of ODCT upon entry of newcertificate. No voluntary instrument shall beregistred by ROD unless ODCT is presentedexcept in cases provided for in this decree orupon order of court. In production of ODCTwhenever any voluntary is presented foregistration shall be conclusive authority for theregistered owner to the ROD to enter a newcertificate or to make a memorandum oregistration in accordance with such intrumentThe new certificate or memorandum shall bebinding upon registred owner and upon alpersons claiming, in favor of purchaser for valueand good faith.

Conveyance of ownership over property can either be

a. partialb. full- under section 57 (in fee simple means in fu

ownership)

In a situation where there is conveyance but no TCT is issuedSo, A sold the land to B and land is covered by TCT, so theannotation was registered in the ROD but for whatever reasonTCT was delayed. Would the memorandum would have thesame effect of cancelling the TCT?

Yes because the annotation itself will say, na kiningtitle na ni has already been sold.


20/26

Can there be a situation where you sold your property butyoud choose not to have the TCT only the memorandum?

Illustration:

A sold his property to B (full ownership) but there is aright of repurchase which can be made in 2 years. In themeantime, kailangn ba nimo ipacancel iyang title para isyuhanka bag-o unya pag repurchase niya isyuhan napud kag bag-ounya pa cancel npud ang title? So it defeats the purpose ofsimplicity and convenience.

In this case, just have your deed of sale with right topurchase annotated at the back of the title because it is stillsubject to a resolutory condition which is repurchase. If dilimubayad, that is the time you can have the propertyreconstituted in your name. so that memorandum alone willalready be sufficeient evidence of ownership.

What if portions lang?

-the ROD shall not enter any TCT to the grantee untila subdivision plan of such land showing all the subdividedportion of lots and corresponding technical description shallhave been verified and proved pursuant to section 50. Andthere is again the intervention of Geodetic engineer. In the

meantime the deed may only be annotated by way ofmemorandum to serve as 3

rd-party notice.

Land Titles And Deeds

September 21, 2012

Lets try and compare two kinds of procedure

With respect to both, the basis would be the execution

of public instruments and registration with the RODwhere the land is situated. Both also require the

presentation of the owners duplicate.

What happens to the original certificate of title?

I. Conveyance of full ownership

Here, the ROD cancels the original and the owners

duplicate certificate. If conveyance is for a portion only,

the ROD has different choices:

1) he may cancel it

2) he may merely make a memorandum on the original

and the owners duplicate certificate of title

New titles are issued. He is granted a new title after the

original has been cancelled. If only a portion is

conveyed, a TCT may be issued to the grantee

depending on the choice and time of the grantees.

II. Conveyance of interests, or less than ownership

Here, the ROD merely makes a memorandum of the

original and the owners duplicate.

No new TCT will be entered or issued pursuant to an

instrument which does not divest ownership or title

from the owner.

REAL MORTGAGES

What is it?

Its simply a security contract. Youll learn in this in

credit transactions. It is a contract that is used to secure

the fulfillment of a principal obligation usually a loan

Im not saying that all the principal obligations of rea

mortgages should be a loan, because the law says

principal obligation.

What is the effect on mortgage upon land?

It really has no effect as to ownership because

ownership is still with the mortgagor. But it creates a

lien that attaches to the property in favor of the

creditor. And if it is registered, constructive notice to

whoever has interest in the property and the whole

world. This is because if the property which is stil

effectively under the ownership of the debtor

mortgagor, it can be sold. Therefore, you need to

register that mortgage simply to ensure that if the

property is sold, the mortgage will be respected.

Second point is that if it was not known that the

property was already sold, the buyer will be put on


21/26

guard. He knows that he is buying a property subject to

a mortgage.

What is the effect if there is failure to register?

Its still valid between the parties but they cannot affect

third persons. Actual knowledge of the mortgage hasthe same effect as registration because you already

have actual notice of such a lien.

How do you cancel a mortgage?

A mortgage may be cancelled by a means of an

instrument executed by the mortgagee or the lessee in

any form sufficient in law which shall be filed at the

ROD who shall make the appropriate memorandum

upon the title. In other words, you have already paid for

the debt, so there is no need to secure that anymore by

a mortgage. There is no need to ensure satisfaction of

the debt by the possibility that if later on, if the debt

cannot be satisfied, the property will be foreclosed. So

the debtor in this case has the right to cancel the

mortgage.

Remember that the ROD n

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