PD 1529 Syllabus Natres
PD 1529 Syllabus Natres
PD 1529 Syllabus Natres
1529
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Title of Decree
SEC. 2. Nature of registration proceedings; jurisdiction of courts
SEC. 3. Status of other pre-existing land registration system
CHAPTER II
THE LAND REGISTRATION COMMISSION AND ITS REGISTRIES OF
DEEDS
CHAPTER III
ORIGINAL REGISTRATION
I. ORDINARY REGISTRATION PROCEEDINGS
A. APLICATIONS
SEC. 14. Who may apply
1. Purpose of the torrens system of registration
2. Registration only confirms ownership
3. System of registration
4. Laws governing land registration
(1) Public Land Act (CA No. 141)
(2) Property Registration Decree (PD No. 1529)
(3) Cadastral Act (Act No. 2259)
(4) Indigenous Peoples Rights Act (RA No. 8371)
5. Registration Proceedings are judicial and in re; distinguished from
proceedings in personam and quasi in rem
5. Rule different where land is not registrable as when it forms part of the
public forest
6. Only A and D lands may be the subject of confirmation of title
7. Where applicant has acquired a right to a government grant, application
is a mere formality
8. Compliance with all requirements for a government grant ipso jure
converts land to private property
(1) Susi v. Razon
(2) Oh Cho v. Director of Lands
(3) Mesina v. Sonza
9. Application must conform to the requirements of the Property
Registration Decree
10. Hearing
(1) Burden of proof rests on applicant
11. Order for the issuance of a decree
12. Land declared public land in a previous registration case may be the
subject of judicial confirmation
Publication
a. Purpose of publication
b. Publication of notice of initial hearing
I. CITIZENSHIP REQUIREMENT
1. The Krivenko doctrine; aliens disqualified
2. The prohibition is a declaration of imperative national policy
3. A natural-born Filipino citizen who has lost his citizenship may be a
transferee of private land
4. Capacity to own land is determined as of the time of its acquisition
and not registration
5. Aliens may lease private lands
6. Foreigners allowed to purchase condominium units
7. Donation in favor of a religious corporation controlled by nonFilipinos not registerable
8. Land acquired by an American citizen in 1945 can be registered
under the Ordinance appended to the 1935 Constitution
9. A corporation sole may acquire and register private agricultural
land
10. Can a Filipino vendor recover land sold to an alien?
11. Rule restated
12. Illustrative cases
II. CLASSIFICATION OF PUBLIC LANDS
1. Classification of public lands is an executive prerogative
(1) System of classification
(2) Requirements to establish classification
(3) Only A and D lands may be the subject of disposition
(4) Classification of Boracay Island
(5) Public lands and government land distinguished
(6) Cadastral survey of a municipality does not automatically
classify lands within the cadastre as A and D lands
2. Under the Spanish regime, all Crown lands were per se alieanable
and subject to adjudication by the courts
3. Burden of proof rests with applicant to overcome presumption of
State ownership
III. NON-REGISTRABLE PROPERTIES
1.
(1) Land intended for public use or service not available for
private appropriation
(2) Patrimonial property
(3) Land may be alienated when declared no longer needed for
public use or service
(4) Ownership of waters
(5) A and D lands held by government entities under Sec. 60,
CA No. 141 cannot be alienated without approval by Congress
(6) Lands titled in the name of government entities form part of
the public domain
2. Forest Lands
(1) Conservation of natural resources
(2) Classification of land is descriptive of its legal nature, not
what it actually looks like
(3) Sec. 48(b), CA No. 141, applies only to A and D lands
3. Watersheds
4. Mangrove swamps
5. Mineral lands
(1) Mineral Resources are owned by the State
(2) Possession of mineral land does not confer possessory
rights
(3) Ownership of land does not extend to minerals underneath
Publication
a. Purpose of publication
b. Publication of notice of initial hearing
(1) Land intended for public use or service not available for
private appropriation
(2) Patrimonial property
(3) Land may be alienated when declared no longer needed for
public use or service
(4) Ownership of waters
(5) A and D lands held by government entities under Sec. 60,
CA No. 141 cannot be alienated without approval by Congress
(6) Lands titled in the name of government entities form part of
the public domain
2. Forest Lands
(1) Conservation of natural resources
(2) Classification of land is descriptive of its legal nature, not
what it actually looks like
(3) Sec. 48(b), CA No. 141, applies only to A and D lands
3. Watersheds
4. Mangrove swamps
5. Mineral lands
(1) Mineral Resources are owned by the State
(2) Possession of mineral land does not confer possessory
rights
(3) Ownership of land does not extend to minerals underneath
(4) Land cannot be partly mineral and partly agricultural
6. Natural resources within ancestral domains
7. National parks
8. Military or naval reservation
9. Foreshore lands and reclaimed lands
does
not
alone
constitute
REMEDIES
SEC. 32. Review of decree of registration; Innocent purchaser for
value
1. Remedies available to the aggrieve party
2. New Trial or reconsideration
(1) Grounds
(2) Contents
(3) Affidavits of merit
(4) Meaning of fraud, accident, mistake and excusable
negligence
3. Relief from judgment; relief from denial of appeal
(1) Time for filing petition
(2) Petition for relief and motion for new trial/reconsideration are
exclusive of each other
4. Appeal
(1) Modes of appeal
(2) Period of ordinary appeal
(3) Perfection of appeal
5. Review of decree of registration
(1) Requisites for review
(3) Requisites
(4) Remedy available even before issuance of decree
(5) Relevant allegations
(6) Reconveyance is an action in personam
(7) Where to file action
(8) Indispensable parties to be impleaded in an action for
reconveyance
(9) Quantum of proof
(10) Action for reconveyance may be barred by prescription
(11) Prescription of action; illustrative cases
a. Action based on fraud four years
b. Action based on implied trust ten years
c. Action based on a void contract- imprescriptible
d. Action to quiet title where plaintiff is in possession
imprescriptible
(12) Reconveyance of land acquired through public land
patents; State not bound by prescription
(13) Laches may bar recovery
a. Elements of laches
b. Illustrative cases
(14) Action may be barred by res judicata
8. Quieting of title, concept
(1) Action to quiet title, when proper
(2) Actions for reconveyance, cancellation of title and to quiet
title involve title to, or possession of, real property, or any interest therein
and must be prosecuted by the party-in-interest
9. Trusts, generally
(1) Prescription arising from implied or constructive trust
(2) Illustrative cases
10. Action for damages
11. Action for reversion
(1) Grounds for reversion
(2) Only the Solicitor General may institute an action for
reversion
(3) The Director of Lands has continuing authority to investigate
fraudulent acquisition of public lands
(4) State nor barred by res judicata or estoppels
(5) Exception to the rule on estoppels and laches
12. Cancellation of title
13. Recovery from the Assurance Fund
(1) Requisites for recovery
(2) Indispensable parties in an action against the Assurance
Fund
(3) Deprivation of land or interest therein
(4) Breach of trust not a ground for a claim against the
Assurance Fund
(5) Requirement of good faith
14. Annulment of judgments or final orders and resolutions
(1) Petition for annulment is an equitable and extra ordinary
remedy
(2) Grounds for annulment
(3) Action by the court
(4) Effect of judgment
d. Publication
e. Filing of answer
f. Hearing of the petition
g. Judgment; when title deemed vested
3. Actions taken in a cadastral proceeding
4. Only unregistered lands may be the subject of a cadastral survey
5. Lands already titled cannot be the subject of cadastral proceedings
6. Jurisdiction of the cadastral court over previously titled lands
limited to the correction of technical errors in the description of the land
7. New titles may be issued for private lands within the cadastral
survey
8. Cadastral answer may not be thrown out upon a mere motion of
adverse claimants
9. Amendment of the plan to include additional territory
10. When title to land in a cadastral case is vested
11. Decision declaring land as public land not a bar to subsequent
action for confirmation of title over the same land
12. Neither prescription nor laches may render inefficacious a
decision in a land registration case
13. Cases where decision of the cadastral court was considered res
judicata
14. Cadastral court has no jurisdiction over a petition for
reconstitution
15. Neither prescription nor laches may render
16. Issuance of writ of possession imprescriptible
CHAPTER IV
CERTIFICATE OF TITLE
SEC. 39. Preparation of decree and Certificate of Title
1. Issuance of decree of registration and certificate of title
2. Decree binds the land and is conclusive against the whole world.
3. Probative value of a certificate of title
SEC. 40. Entry of Original Certificate of Title
1. Entry of original certificate of title
2. Title and Certificate of Title distinguished
SEC. 41. Owners duplicate certificate of title
1. Issuance of the owners duplicate certificate
SEC. 42. Registration Books
SEC. 43. Transfer Certificate of Title
1. Registration book; content of transfer certificate of title
SEC. 44. Statutory liens of affecting title
1. Certificate of title free from liens except those noted thereon
2. Generally, purchaser need not go behind registry to determine
condition of property
3. Meaning of lien, encumbrance
4. Purpose of the provision on statutory liens
SEC. 45. Statement of personal circumstances in the certificate
1. Contents of a certificate of title
2. All property of the marriage presumed conjugal; exception
SEC. 46. General incidents of registered land
1. Registered land subject to burdens or incidents by operation of law
SEC. 47. Registered land not subject to prescription