LAND TITLE AND DEEDS

BAR MATTER 2023

(2023 EDITION )
TORRENS SYSTEM

1. TORRENS SYSTEM
CONCEPT

Land title- It is the evidence of the right of the owner or the extent of his interest, by A system for registration of land under which, upon landowner’s application, the court may,
which he can maintain control, and as a rule, assert right to exclusive possession and after appropriate proceedings, direct the issuance of a certificate of title.
enjoyment of the property.
Nature- Judicial in nature.
Title Certificate of Title
Lawful cause or ground of possessing It is a mere evidence of ownership; it is Purpose- The real purpose of the Torrens system of registration is to quiet title to land; to
that which is ours. not the title to the land itself put a stop forever to any question of the legality of the title, except claims which may
arise subsequent thereto.
That which constitutes a just cause of
It aims to decree land titles that shall be final, irrevocable, and indisputable, and to
exclusive possession, or which is the relieve the land of the burden of known as well as unknown claims.
foundation of ownership of property.

The title is a conclusive evidence of ownership and it cannot be attacked

collaterally.
GR: A title once registered CANNOT be impugned, altered, changed, modified, enlarged,
Deed- A written instrument executed in accordance with law, wherein a person or diminished.
grants or conveys to another certain land, tenements or hereditaments.
EXCEPTION
Estate- An estate, strictly speaking, represents the nature, extent, degree, and 1. Direct proceeding permitted by law, usually for the protection of innocent third
persons, OR
quantity of a person’s interest in land.
2. If the land subjected is NOT ALIENABLE OR it is NON Registrable in nature
but it was registered,then such registration is void
Land Registration- A judicial or administrative proceeding whereby a person’s
claim of ownership over a particular land is determined and confirmed or 4BLUE 95: Kahit na naka TCT na to but if its Forest land, the TCT is void. As
recognized so that such land and the ownership thereof may be recorded in a correctly pointed out by the OSG, mortgagees of non-disposable lands, titles to
public registry. which were erroneously issued, acquire no protection under the Land Registration
Law. ( LBP v CA G.R. No. 150824 February 4, 2008)
Even assuming that LBP was able to obtain its own TCT over the property by
4BLUE 95 NOTE: Registration does NOT vest title. It is NOT a mode of means of its mortgage contract with Lourdes Farms, Inc., the title must also be
acquiring ownership but is merely evidence of such title over a particular property. cancelled as it was derived from OCT No. P-2823 which was not validly issued to
Bugayong. Forest lands cannot be owned by private persons. It is not registerable
whether the title is a Spanish title or a Torrens title.it is well settled that a certificate
of title is void when it covers property of public domain classified as forest or
timber or mineral land. Any title issued covering non-disposable lots even in the
hands of an alleged innocent purchaser for value shall be cancelled.
FOREST lands are outside the commerce of man and unsusceptible of private
PURPOSES OF LAND REGISTRATION appropriation in any form.1It is well settled that a certificate of title is void when it
covers property of public domain classified as forest, timber or mineral lands. Any
Registration is merely a species of notice. The act of registering a document is title issued covering non-disposable lots even in the hands of an alleged innocent
never necessary in order to give it legal effect as between the parties. The system purchaser for value shall be cancelled.
maintains a permanent record of landholdings, in order to prevent fraudulent
claims to land by concealment of transfers.

Another purpose is to notify and protect the interests of strangers to a given

transaction, who may be ignorant thereof. However, where a document so
registered is invalid or legally defective, registration will NOT in any way render it
valid or cure its defect. 2. ADMINISTRATION OF THE TORRENS SYSTEM

Object of Registration- Only real property or real rights may be the object of
registration under the existing land registration laws. 1. Land Registration Authority (LRA)- Agency under the executive supervision
of the DOJ charged with the efficient execution of the laws relative to the
registration of lands

Functions of LRA
a. Extend speedy and effective assistance to the Department of
CLASSIFICATION OF LANDS UNDER THE CONSTITUTION Agrarian Reform, the Land Bank, and other agencies in the
implementation of land reform program of the government
b. Extend assistance to courts in ordinaryand cadastral land
1. Agricultural
registration proceedings; and
2. Forestland or timberland c. Be the central repository of records relative to original registration
3. Mineral Lands of lands titled under the Torrens system, including the subdivision
4. National Parks and consolidation plans of titled lands.

Classification of lands is an exclusive prerogative of the executive

department. In the absence of such classification, the lands remain as 2. Register of Deeds- Public repository of records of instrumentsaffecting
unclassified until it is released therefrom and rendered open to disposition. The registered or unregistered lands and chattel mortgages in the province or city
President, through a Presidential Proclamation or Executive Order can wherein such office is situated.
classify or reclassify land to be included or excludedfrom the public domain.
The DENR Secretary is also empowered to approve a land classification and Functions of Registers of Deeds:
declare such land as alienable and disposable.
a. Immediately register an instrument presented for registration
dealing with real or personal property which complies with the
Registrable lands are requisites for registration;
b. Shall see to it that said instrument bears the proper documentary
1. Alienable public agricultural lands- If the land is in the public domain, stamps and that the same are properly cancelled;
the land must be classified as alienable and disposable. It must be c. If the instrument is not registerable, he shall deny the registration
classified as such at the time of filing the application for registration. thereof and inform thepresentor of such denial in writing, stating
the ground or reason therefore, and advising him of his right to
2. Private lands appeal by consulta in accordance with Sec. 117 of PD 1529.
d. Prepare and keep an index system which contains the names of all
Non-registrable lands- Those found in the CC dealing with non- registrable properties registered owners and lands registered.
(e.g. property of public dominion)
The function of the ROD with reference to registration of deeds,
encumbrances, instruments, and the like is ministerial in nature, provided
the applicant complies with all the requisites.

4BLUE 95 NOTE: When the ROD is in doubt as to the proper action to

take on an instrument or deed presented to him for registration, he should
submit the question to the Administrator of the LRA en consulta.

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 CERTIFICATE OF TITLE CITIZENSHIP REQUIREMENT

THE TORRENS TITLE INDIVIDUALS

Certificate of ownership issued by the Register of Deeds naming and declaring the GR: Only Filipinos can acquire orhold title to private lands of public domain.
owner of the real property described therein free from all liens and encumbrances, (Secs. 2 and 5, Art. XII, 1987 Constitution)
except such as may be expressly noted thereon or otherwise reserved by law
. Citizens of the Philippines may lease not more than 500 hectares, or acquire not
a. Original Certificate of Title (OCT) – It is the first certificate of title more than 12 hectares thereof, by purchase, homestead, or grant. (Art. XII, Sec. 3,
issued in the name of the registered owner by the Register of Deeds 1987 Constitution)
covering a parcel of land which had been registered under the Torrens
System, by virtue of judicial or administrative proceedings Exceptions:
b. Transfer Certificate of Title (TCT) – The subsequent certificate of title
pursuant to any deed of transfer or conveyance to another person. The 1. Aliens by way of hereditary succession(Sec. 7, Art. XII, 1987
Register of Deeds shall make a new certificate of title and give the Constitution)
registrant an owner’s duplicate certificate. The previous certificate shall be 2. Natural born citizens who have lost their citizenship:
stamped ―cancelled.‖
c. Patents – Whenever public land is by the Government alienated, For business use: limited to 5,000 sq. m. for urban land and 3 hectares for
granted orconveyed to any person, the same shall be brought forthwith rural land. In the case of married couples, the total area acquired by both
under the operation of this Decree (PD 1529, Sec. 103, par. 1) of them shall not exceed the maximum (RA No. 7042 as amended by RA
a. Patents only involve public lands which are alienated by the No. 8179)
Government pursuant to the Public Land Act For residential purposes: limited to 1,000 sq m. for urban land and 1
b. The patent (even if denominated as a deed of conveyance) is hectare for rural land. (BP 185, Sec. 2)
not really a conveyance but a contract between the grantee For married couples in either case: one of them may avail of the
and the Government and evidence of authority to the privilege granted. If both shall avail of the same, the total area acquired by
Register of Deeds to make registration. both of them shall not exceed the maximum specified above.
c. The act of registration is the operative act to affect and But where a Filipino citizen naturalized as a citizen in a foreign
convey the land. country has “reacquired” his Philippine citizenship under the terms of
RA 9225 (2003) otherwise known as the ―Citizenship Retention and Re-
Probative Value- A Torrens Certificate of Title is valid and enforceable against acquisition Act of 2003,‖ the area limitations may no longer apply since
the whole world. It may be received in evidence in all courts of the Philippines, the law expressly grants him the same right, as any Filipino citizen, to
and shall be conclusive as to all matters contained therein, principally the identity ―enjoy full civil and political rights‖ upon the re-acquisition of his Filipino
of the owner of the covered land thereby and identity of the land. citizenship.

A Torrens title, once registered, cannot be defeated, even by adverse, open and 3. Aliens, although disqualified to acquire lands of public domain, may
notorious possession. A registered title under the Torrens system cannot be lease private land provided that such lease does not amount to a virtual
defeated by prescription. The title, once registered, is notice to the whole world. transfer of ownership. They may also be given an option to buy property
All persons must take notice. No one can plead ignorance of the registration. on the condition that he is granted Philippine citizenship.
4. Lands acquired by an American citizen prior the proclamation of
Philippine Independence on July 4, 1946 but after the passage of the
EFFECT OF REGISTRATION UNDER THE TORRENS SYSTEM 1935 Constitution may be registered, based on the ordinance appended to
the 1935 Constitution.
Land is placed under the operation of the Torrens system 5. Land sold to an alien which is now in the hands of a naturalized citizen
can no longer be annulled. The litigated property is now in the hands of a
Claims and liens of whatever character existing against the land prior to the naturalized Filipino. It is no longer owned by a disqualified vendee. The
issuance of the certificate of title are cut off by such certificate and the certificate purpose of the prohibition ceases to be applicable.
so issued binds the whole world, including the government 6. Aliens may acquire condominium units and shares in condominium
corporations up to no more than 40% of the total and outstanding
1. It is an elemental rule that a decree of registration bars all claims and capital stock of a Filipino- owned or controlled corporation. (RA 4726,
rights which arose or may have existed priorto the decree of registration. The Condominium Act, Sec. 5)
By the issuance of the decree, the land is bound and title thereto quieted,
subject only to certain exceptions under the property registration decree. Under such circumstances, the ownership of the land is legally separated
from the unit itself, therefore the proscription against aliens owning real
EXCEPTION: property does not apply.
a. Those claims noted on the certificate
b. Liens, claims, or rights arising or existing under the laws and
the Constitution, which are not by law required to appear on CORPORATIONS
record in the Register in order to be valid
c. Unpaid real estate taxes levied and assessed within 2 years GR: Private corporations may NOT hold alienable lands of the PUBLIC
immediately preceding the acquisition of any right over the DOMAIN. (Sec. 3, Art. XII, 1987 Constitution)
land by an innocent purchaser for value Exceptions:
1. By lease for a period not exceeding 25 years, renewable for not more
than 25 years and not to exceed 1,000 hectares in area. (Sec. 3, Art. XII,
Title to the land becomes non-prescriptible: 1987 Constitution)
1. Even adverse, notorious, and continuous possession under claim of 2. If the predecessors-in-interest of the corporation have been in possession
ownership for the period fixed by law is ineffective against a Torrens title of the land in question since June12,1945 or earlier, then it may rightfully
2. The fact that the title to the land was lostdoes not mean that the land apply confirmation of title to the land. The vested right has to be respected.
ceased to be registered land before the reconstitution of its title. It cannot
perforce be acquired by prescription. Limitations to Ownership of Land by Corporations

Land becomes incontrovertible and indefeasible. A decree of registration and 1. For private lands:
registered title cannot be impugned, enlarged, altered, modified, or diminished a. At least 60% Filipino (Sec. 2, Art. XII, 1987 Constitution)
either in collateral or direct proceeding after the lapse of the 1-year period b. Restricted as to extent reasonablynecessary to enable it to
prescribed by the law. carry out thepurpose for which it was created
c. If engaged in agriculture, it is restrictedto 1,024 hectares
EXCEPTION 2. For patrimonial property of the State(Sec.3, Art. XII, 1987 Constitution)
1. If previous valid title of the same land exists a. Lease only for a limited period of 25years
2. When the land covered is not capable ofregistration b. Limited to 1,000 hectares
3. When acquisition of certificate is attendedby fraud c. Applies to both Filipino and Foreign corporations
d. This limitation does not apply where the corporation
Torrens certificate is presumed valid and devoid of flaws. acquired the land, the same was already private land.

2023 NOTE: Registration is NOT equivalent to legal title. Under the Torrens system,
registration only gives validity to the transaction or creates a lien upon the land. It A Corporation Sole may acquire and register private agricultural land. It has no
merely confirms, but does not confer, ownership. nationality, thus the constitutional proscription against private corporations
acquiring public agricultural lands will not apply. A corporation sole, which
consists of one person only, is vested with the right to purchase and hold real estate
EFFECT OF NON-REGISTRATION and register the same in trust for the faithful or members of the religious society or
church for which the corporation was organized.
If a purchaser, mortgagee or grantee should fail to register his deed the
conveyance, considering our existing registration laws, it shall NOT be valid 4BLUE 95: A Religious Association Controlled by Non Filipinos is not excepted
against any person unless registered. by the Constitutional provisions. To permit them to acquire agricultural lands
would be to drive the opening wedge to revive alien religious land-holdings in the
Exceptions: country.
1. The grantor,
2. His heirs and devisees, and
3. Third persons having actual notice orknowledge thereof.

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LAND REGISTRATION
PD 1529 v CADASTRAL
This is a proceeding brought before the land registration court to determine title or ownership of
land on the basis of an application for registration or answer by a claimant in a cadastral
registration.

4BLUE 95: A decree of registration merely confirms, but does NOT confer ownership.
Registration does NOT vest title or give title to the land, but merely confirms and thereafter
protects the title already possessed by the owner, making it imprescriptible by occupation of
third parties. The registration does not give the owner any better title than he has. He does not
obtain title by virtue of the certificate. He secures his certificate by virtue of the fact that he has
a fee simple title.

2 TYPES OF LAND REGISTRATION:

A.JUDICIAL – by filing with the proper court under: (DISCUSS NEXT PAGE)

1. PD 1529, Property Registration Decree ( RA 11573 )

2. CA 141, Public Land Act
3. RA 8371, IPRA

NATURE OF LAND REGISTRATION

JUDICIAL PROCEEDINGS for the registration of lands throughout the Philippines

shall be in rem and shall be based on the generally accepted principles underlying the
Torrens system (Sec. 2, par. 1, PD 1529)

The land registration is binding on the whole world because ―by the description in the
notice (of initial hearing of the application for registration) ―To Whom It May
Concern,‖ all the world are made parties defendant.‖

In a registration proceeding, the judgment of the court confirming the title, and
ordering its registration in one’s name constitutes, when final, res judicata against the
whole world.

There is no need to personally notify the owners or claimants of the land sought to be
registered if it is involved in a land registration case since it is a proceeding in rem.
This gives automatic power and authority to the court over the res.

B.ADMINISTRATIVE

1. This is compulsory registration initiated by the government to adjudicate

ownership of the land
2. Involuntary on the part of the claimant but they are compelled to substantiate
their claim or interest

CADASTRAL PROCEEDING: It is a proceeding in rem, initiated by the filing of a

petition for registration by the government, NOT by the persons claiming ownership of
the land subject thereof, and the latter are, on the pain of losing their claim thereto, in
effect compelled to go to court to make known their claim or interest therein, and to
substantiate such claim or interest.
Unlike other kinds of registration, this is compulsory as it is initiated by the
government.

The government does not seek the registration of land in its name. The objective of the
proceeding is the adjudication of title to the lands or lots involved in said proceeding.

Purpose:
1. To serve the public interest by requiring that the titles to any
unregistered lands be settled and adjudicated
2. To settle all disputes over the land; and
3. To remove all clouds over land titles, as faras practicable

Period of Filing: Extended up to December 31, 2020 (Sec. 2, R.A. 9176 (2002))

Only UNREGISTERED LANDS may be the subject of a Cadastral Survey

The object of cadastral proceedings is to ―settle and adjudicate‖ lands. Private lands are
NOT contemplated since ownership thereof had already been finally determined and
adjudicated.

When once decreed by a court of competent jurisdiction, the title to the land thus
determined is already res judicata, and binding on the whole world, the proceedings
being in rem.

Judicia l App licati on v s. Ad mi nist r ative App li cation o f Land Tit le:
What Is the Di fferen ce?
Judicial application of land title, also called judicial legalization of imperfect or
incomplete title, involves court proceedings.
Administrative legalization of an imperfect title is administrative in nature and filed
before the DENR.

S h o u l d Y o u A p p l y f o r a L a n d T i t l e U n d e r t h e J u d i c i a l P ro c e s s o r
Admi nist rativ e Proceed ing s?

Depending on your mode of acquisition over the subject land, you are free to apply either
in a judicial or administrative process. However, it might be practical to opt for the
administrative process as it is simpler and faster. So in all cases where you, or your
predecessor-in-interest, have continuously occupied and cultivated a tract of alienable
and disposable unregistered agricultural public lands for 20 years, or residential land for
ten years, you apply at the DENR.

For all other modes of acquisition (e.g., by prescription, or by right of accretion or

accession of abandoned river beds, among others), you may go to court.

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 A. ADMINISTRATIVE LAND REGISTRATION

PATENTS

Title Issued Pursuant to Registration of Patent Procedure for Registration of Public Lands

Indefeasible when registered and deemed incorporated with Torrens system 1 year after 1. Official Issues an instrument of conveyance
the issuance of a patent. The court, in the exercise of its equity jurisdiction, may direct 2. The instrument is Filed with ROD
reconveyance even without ordering the cancellation of title. 3. The instrument is Entered in the books and the owner’s duplicate is issued The
instrument is only:
General Rule: May not be opened 1 year after entry by LRA (otherwise, confusion and - A contract between the Government and the private person. It does not effect
uncertainty on the government system of the distribution of public lands may arise and conveyance unless registered. Registration is the operative act that conveys or
this must be avoided). affects land insofar as third persons are concerned.
- Evidence of authority to the ROD to register.
Exception: if it is annullable on the ground of fraud, then it may be reopened even after 1
year because registration does not shield bad faith. 4. Fees are paid by the grantee
5. The land is Deemed registered under the Torrens System upon issuance of the
Note: An OCT issued on the strength of a patent partakes the nature of a certificate issued certificate of title
in a judicial proceeding. (Flores v. Bagaoisan, G.R. No. 173365, Apr. 15, 2010)
A judgment approving the subdivision of a parcel of land does not preclude other parties with a
better right from instituting free patent applications over it. Entitlement to agricultural lands of
Homestead Restrictions: the public domain requires a clear showing of compliance with the provisions of
Commonwealth Act No. 141 or the Public Land Act. (Taar v. Lawan, G.R. No. 190922, Oct.
1. Land cannot be alienated within 5 years after approval of the application for patent 11, 2017.)

2. It cannot be liable for satisfaction of debt within 5 years after approval of patent
application

3. Subject to the repurchase of heirs within 5 years after a valid alienation (i.e., made after
the prohibitory period)

4. No private corporation, partnership, association may lease land subject of a homestead

patent unless it is solely for a commercial, industrial, educational, religious, or charitable
purpose, or right of way (subject to the consent of grantee and approval of Secretary of Restriction on Alienation or Encumbrance of Lands Titled Pursuant to Patents
Environment & Natural Resources)
General Rule: Lands under free patents or homestead patents are prohibited from being
Exceptions: alienated or encumbered.
- Action for partition because it is not a conveyance
- Alienations or encumbrances made in favor of the government Exception: Allowed if done in favor of the government, within 5 years from and after the
issuance of the patent or grant. When a conveyance is made within that period, the
A homestead patent is a gratuitous grant from the government "designed to distribute disposable ownervendor, his widow, or heirs, may repurchase the same within 5 years from the
agricultural lots of the State to land-destitute citizens for their home and cultivation." Being a conveyance, such right cannot be waived (Republic v. Heirs of Felipe Alejaga, Sr., G.R.
gratuitous grant, a homestead patent applicant must strictly comply with the requirements laid No. 146030, Dec. 3, 2002.)
down by the law. Only lands of the public domain which have been classified as public
agricultural lands may be disposed of through homestead settlement. The mere issuance of a Despite the registration of the land and the issuance of a Torrens title, the State may still
homestead patent does not automatically remove the land from inalienability and convert it into file an action for reversion of a homestead land that was granted in violation of the law.
alienable agricultural land. The action is not barred by the statute of limitations. The State cannot be estopped by the
Before lands of the public domain may be the subject of a homestead application, there must omission, mistake, or error of its officials or agents. It may revert the land at any time,
first be a positive act of the government, declassifying a forest land and converting it into where the concession or disposition is void ab initio. (Republic v. Heirs of Daquer, G.R.
alienable or disposable land for agricultural purposes. (Republic v. Heirs of Daquer, G.R. No. No. 193657, Sep. 4, 2018) Homestead patents: Transfer or conveyance of any homestead
193657, Sep. 4, 2018.) after 5 years but before 25 years after the issuance of the title must be approved by the
DENR Secretary.

Erring Homesteader Not Barred by Pari Delicto

- Pari delicto rule does not apply in void contracts Emancipation patents: Lands acquired under emancipation patents issued to landless tenants
- Violation of prohibition results in a void contract and farmers must not be alienated or encumbered within 10 years from the issuance of the title.
- Action to recover does not prescribe
Conveyances by “non-Christian tribes”: May be made only when the person so conveying
The State prohibits the sale or encumbrance of the homestead (PD 1529, sec. 116) within five can read and understand the language in which the instrument or deed is written. If such a
years after the grant of the patent. After those five years, the law impliedly permits alienation of person is illiterate, the conveyance must be approved by the then Commissioner of Mindanao
the homestead; xxx such alienation or conveyance (Section 117) shall be subject to the right of and Sulu.
repurchase by the homesteader, his widow or heirs within five years (Morla v. Belmonte, G.R.
No. 171146, Dec. 7, 2011.)

A violation of the 5-year prohibitory period, as provided by the Public Land Act, would produce
the effect of annulling and canceling the grant, title, patent, or permit originally issued, and
cause the reversion of the property and its improvements to the State. However, for reversion to
be declared by the Court, an action for reversion must first be filed by the Office of the Solicitor Free patents: Agricultural free patent shall now be considered as title in fee simple and shall
General. However, the defense of in pari delicto cannot be invoked in this case as the same is not be subject to any restriction on encumbrance or alienation. Any previous restrictions on
inapplicable when a public policy will be violated. (Maltos v. Heirs of Borromeo, G.R. No. agricultural free patents are now removed. However, this does not affect the right of redemption
172720, Sep. 14, 2015.) for transactions made in good faith before March 9, 2019. (R.A. 11231)

Free Patents to Residential Lands (R.A. 10023) R.A. 10023 allows the granting of free
patents to untitled public alienable and disposable lands which have been zoned as residential.

Special Patent
Residential Lands (R.A. 10023, Sec 2) R.A. 10023 applies to all lands zoned as residential
A patent to grant, cede, and convey full ownership of alienable and disposable lands formerly areas, including townsites as defined under the Public Land Act.
covered by a reservation of lands of the public domain. Zoned residential areas located inside a delisted military reservation or abandoned military
The DENR, through the Reservation and Special Land Grants Section of the Land Management camp, and those of LGUS or townsites which preceded R.A. 7586 or the National Integrated
Division, is tasked to issue special patents in favor of government agencies pursuant to special Protected Areas System (NIPAS) law, shall also be covered.
laws, proclamations, and executive orders.

4BLUE 95 Note: The LGU shall certify that these residential lands are not needed for public use
or public service.

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No Prohibition Period (R.A. 10023, Sec. 5) Procedure for Residential Patent:

Unlike in a free patent and homestead patent granted according to the Public Land Act, there is 1.The application shall be filed with the CENRO, with the following requirements:
no prohibition period and restrictions against the encumbrance or alienation of the residential (a) Approved survey plan or cadastral map;
land covered by free patents under R.A. 10023. (b) Technical description of the land;
(c) Sketch map showing adjacent lots, corners, and natural or manmade features defining
Special Patents under R.A. 10023 its boundaries;
(d) Affidavit of 2 disinterested barangay residents attesting to the truth of the statements
Public land actually occupied and used for public schools, municipal halls, public plazas or in the application; and
parks, and other government institutions for public use or purpose may be issued special patents (e) RTC certification that there is no pending land registration case involving the land.
under the name of the national agency or LGU concerned. All lands thereby titled shall not be 2.The CENRO shall cause the posting of notices for 15 days in 2 conspicuous places in the
disposed of unless sanctioned by Congress if owned by the national agency or sanctioned by the locality and shall process the application within 120 days.
sanggunian concerned through an approved ordinance if owned by the LGU. (a) If disapproved for insufficient documents, the application may be refiled.
(b) If approved, the records shall be forwarded to the PENRO

3.The PENRO shall have 5 days to either approve or disapprove the application.
(a) If approved, the PENRO shall sign the patent and forward it to the RD for registration. (b) If
disapproved, the applicant may appeal to the DENR Secretary.

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6
 B. JUDICIAL LAND REGISTRATION

A. WHO MAY APPLY

1. Under Sec. 14, PD 1529: 3. Under Sec. 12, CA 141; Any person who:

a. Is a citizen of the Philippines over theage of 18, or the head of a

family;
a. Those who by themselves or through their predecessors-in-interest,
b. Does not own more than 24 hectares of land in the Philippines, or has
have been in open, continuous, exclusive and notorious possession
not had the benefit of any gratuitous allotment of more than 24
and occupation of alienable and disposable lands of the public
hectares of land since the occupation of the Philippines by the United
domain under a bona fide claim of ownership since June 12, 1945, or
States
earlier.(MODIFIED)
4BLUE 95 NOTE: they may enter a homestead of not exceeding 24
RA 11573 (September 1,2021)
hectares of agricultural land of the public domain
REPUBLIC v PASIG RIZAL (FEBRUARY 15,2022)

3 RULES:

A1 If the application involves PUBLIC LANDS that have 4. Under RA 8371:

NEVER BEEN UTILIZED for PUBLIC PURPOSES, the
applicant simply has to ESTABLISH the Alienable or a. Sec. 11 – Formal recognition of ancestral domains by virtue
of Native Title may be solicited by ICCs/IPs concerned
Disposable Status of the Property. The burden is on the STATE
b. Sec. 12 – Option to secure certificate of title under CA 141
to prove that the land is still being retained for Public service or
or Land Registration Act 496
for the development of National Wealth.
i. Individual members of cultural communities
A2 If the application involves PUBLIC LANDS
with respect to individually-owned ancestral
PREVIOUSLY UTILIZED for PUBLIC PURPOSES, then the
lands who, by themselves or through their
Burden is on the applicant to present an EXPRESS Government
predecessors-in -interest, have been in
manifestation that the land already constitutes PATRIMONIAL
continuous possession and occupation of the
PROPERTY or is NO LONGER RETAINED for some public
same in the concept of owner since time
purpose. It is within this context, the SC clarifies that the
immemorial or for a period of not less than
REQUIREMENT espoused in the 2009 Malabanan decision
thirty (30) years immediately preceding the
was crafted.
approval of this Act and uncontested by the
members of the same ICCs/IPs shall have the
A3 Amendment in RA 11573, instead of requiring possession
option to secure title to their ancestral lands
from JUNE 12,1945 or earlier, the New Section 14(1) of PD
1529 ONLY requires PROOF OF POSSESSION for AT
ii. Option granted shall be exercised within 20
LEAST 20 YEARS immediately preceding the
years from the approval of RA 8371
APPLICATION.

4BLUE 95: Section 7 of RA 11573 only requires a SWORN

CERTIFICATION from a DENR Geodetic Engineer that the
land is ALIENABLE & DISPOSABLE Agricultural land. The
B. VENUE AND REQUIREMENTS IN FILING
Engineer must still be presented a witness to AUTHENTICATE
the Certificate.
WHERE TO FILE?

The application or petition is filed at the Regional Trial Court, where the land is located. Under
b. Those who have acquired ownership of private lands by prescription Office of the Court Administrator (OCA) Circular No.107-20229 , the following first-level
under the provisions of existing laws. courts can also hear and determine land registration cases where the assessed value of the land
does not exceed one hundred thousand pesos (PHP 100,000):
c. Those who have acquired ownership of private lands or abandoned
river beds by right or accession or accretion under the existing laws. Metropolitan Trial Courts (MeTC)
Municipal Trial Courts in Cities (MTCC)
Municipal Trial Courts (MTC)
d. Those who have acquired ownership of land in any other manner Municipal Circuit Trial Courts (MCTC)
provided for by law.

i. Land owned in common: ALL co-owners shall file the WHAT ARE THE REQUIREMENTS?
application jointly.
ii. Land has been sold under pacto de retro: the vendor a retro may
file an application for the original registration of the land, a . A p p l i c a t i o n / P e t i t i o n f o r O ri g i n a l R e g i s t r a t i o n
provided, however, that should the period for redemption expire
during the pendency of the registration proceedings and It should be duly signed by the applicant and sworn to before any officer authorized to
ownership to the property consolidated in the vendee a retro, the administer oaths (e.g., notary public).
latter shall be substituted for the applicant and may continue the
proceedings. The petition shall contain the following information:
iii. Land subject of a trust agreement: A trustee on behalf of his Description of the land
Citizenship and civil status of the applicant, and details of the spouse if married
principal may apply for original registration of any land held in
Full names and addresses of all occupants of the land and the adjoining owners
trust by him, unless prohibited by the instrument creating the
trust.

b . O t h e r D o c u m e n t a r y R e q u i re m e n t s
The application/petition shall also attach the following documentary requirements:

A full-size print copy of the survey plan duly approved by the Regional Technical
Director, Land Management Service of the DENR, certified as a true copy by the
Branch Clerk of Court. All bearings, distances, and the technical descriptions of the
land appearing on the plan must be legible
2. Under Sec. 16, PD 1529; Land Applied for Registration by a Non-
A clear copy of the accompanying technical description certified as a true copy by
Resident of the Philippines: He shall file his application:
the Branch Clerk of Court
a. An instrument in due form; Copy of the latest tax declaration and/or tax assessment
b. Appointing a duly authorized representative or attorney-in-fact,
whose authority shall accompany the application; Geodetic Engineer’s Certificate on the approved plan or Certification in lieu of
c. Giving his full name and postal address; and Geodetic Engineer’s Certificate issued by the Regional Technical Director
d. Shall therein agree that the service of any legal process in the concerned
proceedings under or growing out of the application made upon his
agent or representative shall be of the same legal
effect as if made upon the applicant within the Philippines. 4BLUE 95: All other documents/evidence to prove that you, or your predecessor in
interest, have acquired the land in a manner prescribed by law.

7
C. ORIGINAL REGISTRATION (13 STEPS)

STEP 1: SURVEY
STEP 7: FILING OF ANSWER OR OPPOSITION TO THE APPLICATION BY
Survey of the land by the Bureau of Lands or a duly registered private surveyor ANY PERSON WHETHER NAMED IN THE NOTICE OR NOT.
drawn on a tracing cloth plan.
4BLUE 95 Note: The opposition must be filed on or before the date of initial
4BLUE 95 NOTE: No plan of such survey, whether it be original or subdivision, hearing. If only a portion of the land applied for is contested and such portion is
may be admitted in land registration proceedings until approved by the Director of not properly delimited, the court may require submission of a division plan
Lands (Sec. 1858, Administrative Code) approved by the Director of Lands.

4BLUE 95 Note: While the burden of proving that the property is an alienable and
disposable agricultural land of the public domain falls on the applicant, the Office
of the Solicitor General has the correlative burden to present effective evidence of
the public character of the land.

STEP 2: FILING OF APPLICATION When the State has no effective opposition, except for a pro forma opposition, to
controvert an applicant's convincing evidence of possession and occupation,
Filing for application for registration by the applicant at the RTC of the province, presumptions are tilted to this applicant's favor. Therefore, when an applicant is
city, or municipality where the property is located (Sec. 17, PD 1529) shown to have been in open, continuous, exclusive, and notorious possession of a
land for the period required by law, he or she has acquired an imperfect title that
1. Form of the application may be confirmed by the State. The State may not, for the simple reason that an
a. In writing applicant failed to show documents which the State is in the best position to
b. Signed by the applicant/s or person duly authorized in his acquire, indiscriminately take an occupied property and unjustly and self-servingly
behalf refuse to acknowledge legally recognized rights evidenced by possession, without
c. Sworn before any officer authorized to administer oath for violating due process.
the province or city where the application was actually
signed 4BLUE 95: The burden of evidence lies on the party who asserts an affirmative
d. Application is presented in duplicate allegation. Therefore, if the State alleges that lands belong to it, it is not excused
from providing evidence to support this allegation. This specially applies when the
2. Contents of the application: land in question has no indication of being incapable of registration and has been
a. Full description of the land asevidenced by the survey plan; exclusively occupied by an applicant or his or her predecessor-in-interest without
b. The citizenship and civil status of the applicant, whether opposition — not even from the State (Republic of the Philippines v. Spouses
single or married, and, if married, the name of the wife or Noval, G.R. No. 170316, September 18, 2017.)
husband, and, if the marriage has been legally dissolved,
when and how the marriage relation terminated.
c. The full names and addresses of all occupants of the land
and those of the adjoining owners, if known, and, if not
known, it shall state the extent of the search to find them.
d. Whether the property is conjugal,paraphernal, or exclusively
owned by the applicant.
e. Assessed value of the land and the buildings and
improvements thereon;

STEP 3: SETTING OF THE DATE FOR THE INITIAL HEARING OF THE

APPLICATION BY THE COURT

STEP 4: TRANSMITTAL TO THE LRA

The application and the date of initial hearing together with all the documents or
other evidences attached thereto are transmitted by the Clerk of Court to the Land
Registration Authority (LRA).

STEP 5: PUBLICATION OF A NOTICE OF THE FILING OF THE

APPLICATION AND DATE AND PLACE OF HEARING

1. Publication shall be sufficient to confer jurisdiction upon the court.

2. It is done to charge the whole world of knowledge of the application of the
land involved, and invite them to take part in the case and assent and prove
their rights over the subject property
Summary of Rules on AMENDMENT:

1. If the amendment consists in the inclusion in the application for

STEP 6: SERVICE OF NOTICE
registration an area or parcel of land not previously included in the original
application, as published, a new publication of the amended application must
Service of notice upon contiguous owners, occupants, and those known to have
be made. The purpose of the new publication is to give notice to all persons
interest in the property by the Sheriff.
concerned regarding the amended application.
Posting of Notice.
2. Without a new publication, the registration court cannot acquire
jurisdiction over the area or parcel of land that is added to the area covered by
the original application, and the decision of the registration court would be a
nullity insofar as the decision concerns the newly included land.

3. But if the amendment consists in the exclusion of a portion of the area

covered by the original application and the original plan as previously
published, a new publication is not necessary. In the latter case, the
jurisdiction of the court is not affected by the failure of a new publication
(Benin v. Tuason, G.R. No. L-26127, 1974). Amendments in a petition that
do not involve an addition but only a reduction of the original area that was
published no longer require a republication because the amended area was
already included in the first publication (Republic v. San Mateo, et al., G.R.
No. 20356, Nov. 10, 2014).

8
STEP 8: HEARING OF THE CASE BY THE COURT STEP 10: ISSUANCE OF DECREE

1. Proof necessary in land registration - The decree issued by the LRA pursuant to the order of the court
- Binds the land and quiets title thereto, subject only to such exceptions or liens as
a. Proof that land has been declassified from the forest zone, is may be provided by law
alienable or disposable, and is registrable (e.g. Presidential - Conclusive upon and against all persons including the national government and
proclamation, legislative acts) all branches thereof, whether or not mentioned by name in the application or notice
b. Identity of the land (survey plan)
c. Possession and occupation of the land for the length of time
and in the manner required by law. Contents of the Decree (DMD-DO) (P.D. 1529, § 31.)
d. If he claims private ownership not because of his possession,
he must prove the basis of such claim by submitting 1. Date, hour and minute of its entry
muniments of title. 2. Whether the owner is Married or unmarried, and if married, the name of
the spouse; provided that if the land is conjugal property, the decree shall be
2. Proving Private Ownership issued in the name of both spouses
3. If the owner is under Disability, the nature of such disability, and if a
a. Spanish titles are inadmissible and ineffective proof of minor, his age
ownership in land registration proceedings filed AFTER 4. Description of the land and shall set forth the estate of the owner, and also
Aug. 16, 1976 show their relative easements, liens, attachments, and other encumbrances
b. Tax declaration and receipts are not conclusive but have 5. Other matters to be determined in pursuance of the law
strong probative value when accompanied by proof of
actual possession.
c. Other proofs such as testimonial evidence Process of Issuing the OCT (P.D. 1529, § 39-42.)

4BLUE 95: Tax declarations or realty tax payments of property are not 1. Within 15 days from finality of order of judgment directing registration of
conclusive evidence of ownership. At most, they serve as a good indicia of title – court orders the LRA to issue decree of registration and certificate of
possession in the concept of an owner. The voluntary declaration of a title
piece of property for taxation purposes strengthens one’s bona fide claim 2. Clerk of court will send order of court and copies of judgment
of acquisition of ownership (Republic v. Sta. Ana-Burgos, G.R. No. 3. Writ of Demolition may be issued. The court has authority to order, as a
163254, Jun. 1, 2007.) consequence of the writ of possession issued by it, the demolition of
improvements introduced by the defeated oppositor or his successor-in-
interest
MOTION TO LIFT/SET ASIDE ORDER OF DEFAULT: 4. Administrator will issue a decree of registration and original and duplicate
of OCT that is signed by him, enter, and file decree of registration in LRA
By Defaulted Oppositor, entered before JUDGMENT on GROUNDS OF 5. Send to ROD the original and duplicate of title and certificate for entry in
FAME his registration book
6. Enter in record book, dated, signed, numbered and sealed to take effect
upon date of entry
7. ROD to send notice to registered owner that his owner’s duplicate is ready
for delivery after payment of fees
8. ROD shall send duplicate and note on each certificate of title to whom it is
STEP 9: PROMULGATION OF JUDGMENT BY THE COURT issued
9. Original copy to be filed in ROD
This is the adjudication, determination, and resolution of the issue of ownership 10. Bound in consecutive order

The trial court is required to dispose of the case within 90 days from the date of REVIEW OF DECREE OF REGISTRATION
submission thereof for decision. (P.D. 1529, § 27)
Remedy available in cases of actual fraud committed in the adjudication
The judgment of the court in the land registration case becomes final insofar as the
or confirmation of title. (P.D. 1529, § 32.)
State is concerned 15 days from receipt by the OSG (not merely by the local
designated prosecutor) of the copy of the decision, without there being an appeal or
motion for reconsideration by any of the parties. (Republic v. Sayo, G.R. No. L-60413, 4BLUE 95 Note: In all cases, the allegation of fraud must be
Oct. 31, 1990.) substantiated with specific, intentional acts to deceive and deprive
However, notwithstanding the lapse of the 15-day period from receipt of judgment by another of his right (Crisolo v. CA, G.R. No. L-33093, Dec. 29, 1975.)
the parties, the court continues to retain control over the case until the expiration of 1
year after the entry of decree of registration by the LRA. (Republic v. Assosacion Party to File (P.D. 1529, § 32.)
Benevola de Cebu, G.R. No.77243, Oct. 26, 1989.) - Any aggrieved party, including persons deprived of opportunity
to be heard, including the government
- Aggrieved party does not need to be an oppositor or original
In SPECIAL PROCEEDINGS, the purpose of execution of judgment is to establish a claimant in the proceedings
status, condition, or fact, in land registration proceedings, the ownership by a person of
a parcel of land is sought to be established. After the ownership has been proved and
Parties who Cannot File
confirmed by judicial declaration, no further proceeding to enforce said ownership is
necessary, except when the adverse or losing party had been in possession of the land - An oppositor who abandoned his claim
and the winning party desires to oust him therefrom. (Ronald Ting v. Liro, G.R. No. - An oppositor who had notice of the proceedings but failed to
168913, Mar. 14, 2007.) raise his claims (Crisolo v. CA, G.R. No. L-33093, Dec. 29, 1975.)

Partial judgment Requisites for Review (ReDeFFiN) (Walstrom v. Mapa, G.R. No. L-
38387, Jan. 29, 1990.)
In a case where only a portion of the land subject of registration is contested, the 1. Petitioner has a Real and dominical right;
court may render partial judgment provided that a subdivision plan showing the 2. He was Deprived thereof;
contested and uncontested portions approved by the Director of Lands is 3. Through Fraud;
previously submitted to said court. (P.D. 1529, § 28.) 4. Petition is Filed within 1 year from issuance of the decree; and
5. The property has Not yet passed to an innocent purchaser for
value
Post-Judgment Incidents

Writ of Possession: Innocent Purchaser for Value

employed to enforce a judgment to recover the possession of land. It
commands the sheriff to enter the land and give possession of it to the For a petition for review of the decree to prosper, the land must not have passed to
person entitled under the judgment; no prescription against: (1) the loser an innocent purchaser for value.
and (2) anyone unlawfully and adversely occupying the land Innocent purchaser for value is one who buys the property of another, without
notice that some other person has a right or interest in such property and pays the
When writ of possession may not issue: full price for the same, at the time of such purchase or before he has notice of the
claims or interest of some other person in the property. One claiming to be an
When a party who entered into the property after issuance of final decree, innocent purchaser for value has the burden of proving such status. (Leong v. See,
is not an oppositor in the registration proceeding, and is in possession of G.R. No. 194077, Dec. 3, 2014.)
the land for at least 10 years

Writ of Demolition
2023 Note: Where innocent third persons who rely on the correctness of the
the complement of writ of possession; to demolish improvements certificate of title thus issued acquired rights over the property, the court cannot
introduced by the defeated oppositor or his successor-ininterest disregard such rights and order the total cancellation of the certificate. (Tenio-
Obsequio v. Court of Appeals, G.R. No. 107967, Mar. 1, 1994.)

Means to Recover Possession 2023 Note: ―the defense of having purchased the property in good faith may be
- Forcible entry availed of only where registered land is involved and the buyer had relied in good
- Unlawful detainer faith on the clear title of the registered owner." It does not apply when the land is
- Accion publiciana not yet registered with the Registry of Deeds. (Heirs of Gregorio Lopez v.
- Accion reivindicatoria Development Bank of the Phils., G.R. No. 193551, Nov. 19, 2014.) Other Grounds
for Review - Fatal infirmity of the decision for want of due process - Lack of
jurisdiction of the court

9
STEP 11: ENTRY OF THE DECREE OF REGISTRATION (3A) Private ownership

How to prove:
This serves as the reckoning date to determine the 1-year period from which
one can impugn the validity of the registration. a. Spanish title (inadmissible and ineffective proof of ownership in land
registration proceedings filed after Aug. 16, 1976)
Entry of OCT by the ROD in the Electronic Primary Entry Book for b. Tax declarations and tax payments (not conclusive evidence of ownership; must
Registered Land and delivery of owner’s duplicate OCT to the applicant upon be coupled with proof of actual possession for the period required by law)3
payment of the prescribed fees. c. Other kinds of proof - Testimonial evidence - Photos of improvements
introduced
2023 Note: Failure to comply with these requirements will justify the court to d. Presidential issuances and legislative acts (constitutive of a fee simple title or
deny the application for registration. A certificate of title issued without fully absolute title in favor of the grantee, a law ceding full ownership to a government
complying with said requirements is illegal and invalid and may be cancelled institution)
by the courts.
4BLUE 95 Note: The holder of a Spanish title may still lose his ownership of the real
property to the occupant who actually possesses the same for the required prescriptive
period. Taking the law as a whole, it has clearly set a deadline for the filing of
WHAT TO PROVE AND EVIDENCE TO SUBMIT applications for registration of ALL Spanish titles under the Torrens system (i.e., 6
months from its effectivity or on 16 August 1976), after which, the Spanish titles may no
longer be presented to prove ownership. Spanish titles can no longer be countenanced as
indubitable evidence of land ownership. (Santiago v. SBMA, G.R. No. 156888, Nov. 20,
2006.)
(1) Alienability and disposability of land
(3B) Open, exclusive, continuous, and peaceful possession in the concept of owner
How to prove:
How to prove:
a. Certification from City Environment and Natural Resources Office (CENRO) or a. Tax declarations
Provincial Environment and Natural Resources Office (PENRO) b. Regular realty tax payments
- If land is less than 50 hectares – CENRO Certification c. Muniments of title (e.g., deeds of sale, wills, donation; to tack possession to that
- If land is 50 hectares or more – PENRO Certification; of predecessors-in-interest)
d. Testimonial evidence
b. Copy of the original classification of land as alienable and disposable approved by the e. Evidence of improvements introduced on the property
DENR Secretary and certified as a true copy by the legal custodian of the official
records. (Republic of the Philippines v. Santos, G.R. No. 191516, Jun. 4, 2014.) Where to file application :

4BLUE 95 Note: It is not enough for the PENRO or CENRO to certify that a land This is applicable for both PD 1529 and CA 141.
is alienable and disposable. The applicant for land registration must prove that the
DENR Secretary had approved the land classification and released the land of the General rule: RTC of the province or city where the land is situated.
public domain as alienable and disposable, and that the land subject of the
application for registration falls within the approved area per verification through 4BLUE 95 Note: File together with the application all original muniments of titles or
survey by the PENRO or CENRO. (Espiritu v. Republic, G.R. No. 219070, Jun. copies thereof and a survey plan of the land as approved by the Bureau of Lands.
21, 2017 & Republic v. Raneses, G.R. No. 189970, Jun. 9, 2014.)
Under LRA Circular 05-2000, the original tracing cloth plan is no longer forwarded to
To establish that the land sought to be registered is alienable and disposable, the LRA; only a certified copy thereof needs to be forwarded. P.D. 1529 has eliminated
applicants must present a copy of the original classification approved by the DENR the distinction between the general jurisdiction vested in the RTC and the limited
Secretary and certified as a true copy by the legal custodian of the official records. jurisdiction conferred upon it by the former law when acting merely as land registration
Absent the DENR Secretary's issuance declaring the land alienable and disposable, court. Aimed at avoiding multiplicity of suits, the change has simplified registration
the land remains part of the public domain. Even if X adversely possessed the land, proceedings by conferring upon the RTCs the authority to act not only on original
he cannot register the land since he failed to prove the land is alienable. (Republic applications but also those filed after original registration, with the power to hear and
v. Malijan-Javier, G.R. No. 214367, Apr. 4, 2018.) determine all questions arising upon such applications or petitions. (Averia v. Caguioa,
G.R. No. L-65129, Dec. 29, 1986)
Notation in a geodetic survey that the survey was inside alienable and disposable
land does not constitute a positive government act validly changing the Exception: Delegated jurisdiction of the MTC to hear and determine cadastral or land
classification of the land. A surveyor has no authority to reclassify lands of public registration cases covering:
domain. Land of the public domain, to be the subject of appropriation, must be - Lots where there is no controversy or opposition, or
declared alienable and disposable either by the President or the DENR Secretary. - Contested lots, the value of which does not exceed P100,000
The applicant for land registration has the burden of overcoming the presumption
of State ownership by establishing through incontrovertible evidence that the land If there are several parcels of land situated in different provinces/cities belonging to one
sought to be registered is alienable or disposable based on a positive act of the owner, he must file in the RTC of each province/city where the different parcels of land
government. (Republic vs. De Guzman Vda. de Joson, G.R. No. 163767, Mar. 10, are located for registration purposes.
2014.)
If land is situated between boundaries of 2 provinces, application must be filed:
The property subject of the application for registration need not be classified as - When boundaries are not defined: with the RTC of the place where it is declared for
alienable and disposable agricultural land of the public domain for the entire taxation purposes;
duration of the requisite period of possession. Alienable public land held by a - When boundaries are defined: a separate plan for each portion must be made by a
possessor openly, continuously and exclusively during the prescribed statutory surveyor and a separate application for each lot must be filed with the appropriate RTC
period is converted to private property by the mere lapse of such period. The
requirement that the land should have been classified as alienable and disposable In cases of delegated jurisdiction to the MTC, appeal is directed to the CA.
agricultural land at the time of the application for registration is necessary only to
dispute the presumption that the land is inalienable. (Malabanan v. Republic, G.R. When to file application
No. 179987, Sept. 3, 2013.)
For CA 141, applications are extended up to December 31, 2020, as provided in
The period of possession prior to the declaration that land is alienable and Sec. 2 of R.A. 9176.
disposable agricultural land is included in the computation of possession for
purposes of acquiring registration rights over a property if the land has already 4BLUE 95 Note: If the applicant is a non-resident of the Philippines, he shall file
been declared as such at the time of the application for registration. What is an instrument appointing an agent residing in the Philippines and shall agree that
important in computing the period of possession is that the land has already been service of any legal process in the proceeding made upon his agent shall be of the
declared alienable and disposable at the time of the application for registration. same legal effect as if made upon the applicant within the Philippines. (P.D. 1529,
Upon satisfaction of this requirement, the computation of the period may include § 16.)
the period of adverse possession prior to the declaration that land is alienable and
disposable. (AFP Retirement and Separation Benefits System v. Republic of the Limitation of Area: For CA 141, application is only for a maximum of 12
Philippines, G.R. No. 180086, Jul. 2, 2014.) hectares. (R.A. 6940, § 3.)

STEP 12: SENDING OF COPY OF THE DECREE OF REGISTRATION TO

THE CORRESPONDING REGISTER OF DEEDS (REGISTRAR OF LAND
(2) Identity of land How to prove: TITLES AND DEEDS)

- Survey plan approved by the Land Management Bureau (LMB)

- Technical description of the land
- Tax declarations STEP 13: TRANSCRIPTION OF THE DECREE OF REGISTRATION

1. It is transcribed in the registration book of the Registrar of Land Titles and

Deeds
2. Registrar issues owner’s duplicate OCT of the applicant by the Registrar
of Land Titles and Deeds, upon payment of the prescribed fees.

10
C. PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION

I. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE (P.D. IV. REGISTRATION OF TRANSACTION EVIDENCED BY THE
1529, § 108.) LOST DOCUMENT

General Rule: A certificate of title or a memorandum entered therein in the

registration book cannot be altered or amended. ROD is forbidden to effect the registration of lost or destroyed documents.
Exception: Alterations and amendments may be made through a direct proceeding
in court (summary proceeding). A court order is necessary to alter entries of such Steps by interested parties:
registration books.
1. Procure an authenticated copy of a lost or destroyed instrument.
Grounds 2. Secure an order from the court.
1. When registered Interests of any description, whether vested, contingent,
expectant, or inchoate, have terminated and ceased; Offenses in Land Registration:
2. When New interests have arisen or been created which do not appear upon
the certificate; 1. Larceny
3. When any Error, omission, or mistake was made in entering a certificate or 2. Perjury: false statement under oath
any memorandum thereon or on any duplicate certificate; 3. Fraudulent procurement of certificate
4. When the Name of any person on the certificate has been changed; 4. Forgery
5. When the registered owner has been Married, or, registered as married, the a. Forging of seal in ROD, name, signature, or handwriting of any officer of
marriage has been terminated and no right or interest of heirs or creditors will court or ROD
thereby be affected; b. Fraudulent stamping or assistance in stamping
6. When a Corporation, which owned registered land and has been dissolved, c. Forging of handwriting, the signature of persons authorized to sign
has not conveyed the same within three years after its dissolution; and d. Use of any document which an impression of the seal of the ROD is forged
7. When there is reasonable ground for the amendment or alteration of title
(Paz v. Republic, G.R. No. 157367, Nov. 20, 2011.) 5. Fraudulent sale: sale of mortgaged property under the misrepresentation
that it is not encumbered; deceitful disposition of property as free from
The following are corrections permitted in the title: encumbrance
- Alterations that do not impair rights;
- Alterations which impair rights: with the consent of all parties
- Alterations to correct obvious mistakes

Who may file Petition:

- Registered owner, or
- Other person having an interest in the registered property, or
- The ROD, in proper cases, with the approval of the LRA Administrator.

II. LOST DUPLICATE CERTIFICATE (P.D. 1529, § 109.)

- Available remedy in cases of loss, theft, or destruction of an owner’s duplicate

certificate of title.
- This is the proper remedy when the duplicate title of the landowner is lost, not the
reconstitution of the title.
- Not available when the certificate is not in fact lost or stolen; any such
proceeding will be void for lack of jurisdiction (New Durawood v. CA, G.R. No.
111732, Feb. 20, 1996.)

Procedure
1. The owner shall send due notice under oath to the Register of Deeds as
soon as the loss or theft is discovered.
2. If a duplicate certificate is lost or destroyed, or cannot be produced by a
person applying for the entry of a new certificate to him or the registration of
any instrument, a sworn statement of the fact of such loss or destruction may
be filed by the registered owner or other persons in interest and registered.
3. Upon the petition of the registered owner or other persons in interest, and
after notice and due hearing, the court may direct the issuance of a new
duplicate certificate.
- Notice should be sent to all interested persons as shown in the
encumbrances annotated in the OCT on file with the ROD.
- The new duplicate shall indicate that it is issued in place of the lost
duplicate certificate. It shall have the same effects as the original
duplicate.

III. PETITION SEEKING SURRENDER OF DUPLICATE TITLE (P.D. 1529, §

107.)

- Remedy available when a person in possession of the owner’s duplicate

certificate fails or refuses to surrender the same.
- Party in interest may file a petition in the RTC to compel the surrender of such
duplicate title

Grounds

1. When necessary for the issuance of a new certificate of title, pursuant to

voluntary and involuntary conveyances
2. When necessary for amendment or alternation, pursuant to a court order

Court Action

After hearing, the court may:

- Order the person holding the certificate to surrender the same, and direct the
entry of a new certificate or memorandum upon such surrender, or
- Order the annulment of the owner's duplicate and issue a new certificate, if
the person withholding the duplicate certificate is not amenable to the court's
process or if the certificate cannot be surrendered for any reason. The new
certificate shall contain a memorandum of the annulment of the outstanding
duplicate.

11
V. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE

The restoration of the instrument which is supposed to have been lost or destroyed
in its original form and condition. 2. Judicial
- When the owner’s duplicate certificate of title has not been lost but is in fact
in the possession of another person, then the reconstituted certificate is void, Judicial Reconstitution Requirements
because the court that rendered the decision had no jurisdiction.
Reconstitution can validly be made only in case of loss of the original 1. The certificate of title had been lost or destroyed.
certificate. (Alcazar v. Arante, G.R. No. 177042, Dec. 10, 2012) 2. The Documents presented by the petitioner are sufficient and proper to
warrant reconstitution of the lost or destroyed certificate of title.
3. The petitioner is the Registered owner of the property or had an interest
When reconstituted, the new title has the same validity as the old one. Purpose To therein.
have the same reproduced, after proper proceedings, in the same form they were 4. The certificate of title was in Force at the time it was lost or destroyed.
when the loss or destruction occurred (Heirs of Pedro Pinote v. Dulay, G.R. No. L- 5. The description, area, and Boundaries of the property are substantially the
56694, Jul. 2, 1990.) same and those contained in the lost or destroyed certificate of title. (Heirs of
Toring v. Heirs of Boquilaga, G.R. No. 163610, Sep. 27, 2010, citing R.A.
26, § 2, 3, 12 and 13.)

4BLUE 95 Note: The claimants must prove that a title had been issued and that
Material facts to be shown: said certificate of title was still in force at the time it was lost or destroyed. It is
necessary that the RD issue a certification that such was in force at the time of its
1. That the certificate of title had been lost or destroyed; alleged loss or destruction. The RD cannot issue such certification merely because
of the dearth of records in its file. (Republic v. Heirs of Sps. Sanchez and Meneses,
2. That the documents presented by petitioner are sufficient and proper to G.R. No. 212388, Dec. 10, 2014.)
warrant reconstitution of the lost or destroyed certificate of title;
Process:
3. That the petitioner is the registered owner of the property or had an interest 1. File a petition with the RTC (In rem proceeding)
therein; 2. The court shall cause a NOTICE to be PUBLISHED, POSTED, and
MAILED. Noncompliance voids the proceeding as such requirements are
4. That the certificate of title was in force at the time it was lost or destroyed; jurisdictional.
and 3. When the court grants the petition, it shall issue a corresponding order to
ROD.
5. That the description, area, and boundaries of the property are substantially
the same and those contained in the lost or destroyed certificate of title Sources for Reconstitution (in order)
(Republic v. Lorenzo, G.R. No.172338, Dec. 10, 2012.)
When OCT is to be reconstituted (R.A. 26, § 2.)

a. Owner’s duplicate of the certificate of title

b. Co-owner’s, mortgagee’s or lessee’s duplicate of said certificate
c. Certified copy of such certificate, previously issued by the ROD
d. Authenticated copy of the decree of registration or patent, as the case may
KINDS OF RECONSTITUTION: be, which was the basis of the certificate of title
e. Deed of mortgage, lease, or encumbrance containing a description of the
property covered by the certificate of title and on file with the ROD, or an
authenticated copy thereof indicating that its original had been registered
f. Any other document which, in the judgment of the court, is sufficient and
1.Administrative Reconstitution proper basis for reconstitution.

– Originally embodied in R.A. 26, abrogated through P.D. 1529, then partially When TCT is to be reconstituted (R.A. 26, § 3.)
revived through R.A. 6732.
- R.A. 6732 provides for retroactive application thereof to cases 15 years a. Same as sources (a), (b), and (c) for reconstitution of OCT
immediately preceding 1989. b. Deed of transfer or other document containing a description of the property
covered by TCT and on file with the ROD, or an authenticated copy thereof
Requisites (R.A. 6732, § 1.) indicating its original had been registered and pursuant to which the lost or
destroyed certificate of title was issued
1. There is a substantial loss or destruction of the original land titles due to c. Same as sources (e) and (f) for reconstitution of OCT
fire, flood, or other force majeure as determined by the Administrator of the
LRA
Publication and Posting Requirements (R.A. 26, § 9-10,12-13)
2. The number of certificates of title lost or damaged should be at least 10%
of the total number in the possession of the Office of the ROD; and These requirements must be complied with at least 30 days prior to the date of
hearing.
3. These lost or damaged titles should not be less than 500.
General Requirements
1. Notice shall be published in two successive issues of the Official Gazette;
Sources (R.A. 6732, § 2.) 2. Must be posted on the main entrance of the provincial building and of the
municipal building of the municipality or city where the land is situated; and
a. Owner’s duplicate of the certificate of title 3. Additional requirement when source for reconstitution is Section 2(c), 2(d),
b. Co-owner’s, mortgagee’s, or lessee’s duplicate of said certificate 2(e), 2(f), 3(c), 3(d), and 3(f): The notice must be sent by registered mail or
otherwise, at the expense of the petitioner, to every person named in said
notice (actual occupants and adjacent owners).

- This notice to adjacent owners, etc. is not required when the other sources
not enumerated above are used.

Effect of Failure to Comply with Publication or Posting Requirements

- If an order of reconstitution is issued without any previous publication, such

order of reconstitution is null and void. Even the publication of the notice of
hearing in a newspaper of general circulation like the Manila Daily Bulletin is
not in substantial compliance with the law because Section 13 specifies
publication in the OG and does not provide for any alternative medium or
manner of publication (MWSS v. Sison, G.R. No. L-40309, Aug. 31, 1983.)

- The notice must be actually sent or delivered to parties affected by the

petition for reconstitution. The order of reconstitution issued without
compliance with the said requirement never becomes final - it was null and
void (Manila Railroad v. Moya, G.R. No. L-17913, Jun. 22, 1965.)

- The failure to meet any of the necessary publication, notice of hearing, and
mailing requirements did not vest jurisdiction of the case to the court. Thus,
the judgment rendered by the RTC regarding the reconstitution of title is void
(Republic v. Sanchez, G.R. No. 146081, Jul. 17, 2006.)

12
REMEDIES OF AGGRIEVED PARTIES

1. Motion for New Trial

4BLUE95: for items 4 & 5 ,it is not applicable if title passed already to INNOCENT
PURCHASER FOR VALUE
The aggrieved party may move the trial court to set aside the judgment or final order and
grant a new trial for one or more of the causes materially affecting the substantial rights
of the said party.
4. Petition for Review of Decree of Registration
1. Grounds:
a. Fraud, accident, mistake, or excusablenegligence which
ordinary prudence could not have guarded against and by 1. Requisites:
a. The petitioner has a real and dominical right;
reason of which such aggrieved party has probably been
b. That he has been deprived thereof (through fraud);
impaired in his rights;
c. That the action is filed within 1 year from the issuance and
b. Award of excessive damages, or insufficiency of the
entry of the decree of registration; and
evidence to justify the decision; and
d. That the property has NOT been transferred to an
c. Newly discovered evidence which with reasonable diligence
innocent purchaser for value.
could have not been discovered and produced at the trial and
which if presented would probably alter the result.
2. To whom available: Only to an aggrieved party who has been deprived of
land or any estate or interest therein by decree of registration
2. Period of filing: Within the 15 day period of perfecting an appeal. (Sec.
39, BP 129) 3. When to file: Any time after the rendition of the court’s decision and
before the expiration of 1 year from entry of decree of registration
a. Upon expiration of the 1 year period, every decree
2. Appeal
becomes INCONTROVERTIBLE
Sec. 30, PD 1529 as amended by BP 129provides that an appeal may be
b. The Court held that the petition may be filed at any time
taken from the judgment of the court as in ordinary civil cases.
after rendition of the court’s decision (no need to wait for
actual entry in the LRA) and before expiration of 1 year
1. Modes of appeal:
from entry of the final decree of registration.
a. Ordinary appeal – Appeal to the Courtof Appeals in cases
c. Must be filed in the same registration case
decided by the Regional Trial Court in the exercise of its
4. Sole and ONLY Ground: Actual Fraud
original jurisdiction
a. Actual fraud proceeds from an intentional deception
b. Petition for review – Appeal to the Court of Appeals in
practiced by means of misrepresentation orconcealment of
cases decided by the Regional Trial Court in the exercise of
material fact
its appellate jurisdiction, in accordance with Rule 42.
b. The fraud must consist in an intentional omission of fact
c. Appeal by certiorari – In all cases where only questions of
required by law to be stated in the application or a willful
law are raised or involved, the appeal shall be to the
statement of a claim against the truth
Supreme Court, in accordance with Rule 45.
c. Any fraudulent act of the successful party in a litigation
which is committed outside the trial of a case against the
2. Period of ordinary appeal:Within 15 days from notice of the judgment
defeated party, or his agents, attorneys or witnesses, whereby
of final order appealed from. Where a record on appeal is required, the
appellant shall file a notice of appeal and a record on appeal within 30 said defeated party is prevented from presenting fully and
fairly his side of the case.
days from notice of the judgment or final order. (Sec. 39, BP 129)
4BLUE 95: Not necessary for the petitioner to procure the lifting of the order of
default, because fraud might itself prevent him from filing an answer or moving
3. Perfection of appeal:
for the lifting of the order of default (Garcia v. Mendoza, G.R. No. 91729, Nov.
19, 1991)
a. A party’s appeal by notice of appeal isdeemed perfected
as to him upon the filing of the notice of appeal in due time.
The Court loses jurisdiction over the case upon the
perfection of the appeals filed in due timeANDthe expiration
of the time to appeal of the other parties.
b. A party’s appeal by record on appeal is deemed
perfected as to him with respect to the subject matter thereof 5. Action for Reconveyance
upon the approval of the record on appeal filed in due time,
An action for reconveyance is the remedy granted to the rightful owner of land
the court loses jurisdiction only over the subject matter
which has been wrongfully or erroneously registered in the name of another for
thereof upon the approval of the records on appeal filed in
the purpose of compelling the latter to transfer or reconvey the land to him.
due time and the expiration of the time to appeal of the other
parties. (Sec. 9, Rule 41 of the Rules of Court)
Reconveyance is available not only to the legal owner of the property, but also the
4BLUE 95: Unlike ordinary civil actions, the adjudication of land in a person with a better right than the person under whose name said property was
erroneously registered.
cadastral or land registration proceeding does NOT become final in the
sense of incontrovertibility until after the expiration of 1 year after the 1. When to file:
a. Before issuance of decree, or within/after 1 year from entry
entry of the final decree of registration. As long as a final decree has not
b. If based on implied trust, 10 years;
been entered by the LRA and the period of 1 year has not elapsed from
c. If based on fraud, 4 years from the discovery
date of such decree, the title is not finally adjudicated and the decision in
the registration proceeding continues to be under the control and sound
discretion of the court rendering it. 4BLUE 95: Imprescriptible in the following cases: - When brought by
the registered owner or his children, co-heir, or plaintiff-in possession
- When based on express trust - When based on a void contract

2. It does not reopen proceedings but a mere transfer of the land from
registered owner to the rightful owner.
3. Relief from Judgment
3. Requisites:
a. The action must be brought in the name of a person
1. Grounds:
claiming ownership or dominical right over the land
a. When a judgment or final order is entered, or any proceeding
registered in the name of the defendant;
is thereafter taken against a party in any court through
b. The registration of the land in the name of the defendant was
accident, mistake, or excusable negligence.
procured through fraud or other illegal means;
b. When a judgment or final order is rendered by any court in a
c. The property has not yet passed to an innocent purchaser
case, and a party thereto, by fraud, accident, mistake, or
for value; and
excusable negligence, has been prevented from taking an
d. The action is filed after the certificate of title had already
appeal.
become final and incontrovertible but within 4 years from
the discovery of the fraud.
2. Period of filing:Within60 days after the petitioner learns of the judgment,
final order, or other proceedings to be set aside, and not more than 6
monthsafter such judgment or final order was entered, or such proceeding
4BLUE 95: A complaint for reconveyance admits the registration of title of another
was taken.
party but claims that such registration was erroneous or wrongful. It seeks the
transfer of the title to the rightful owner, or the one with a superior right, without
prejudice to innocent purchasers. It seeks the transfer of a title issued in a valid
proceeding. Relief may be granted based on intrinsic fraud (that committed on the
true owner, not fraud committed on the procedure amounting to lack of
jurisdiction. (Aboitiz v. Po, G.R. Nos. 208450 & 208497, June 5, 2017)

13
 11. Reversion
4BLUE95: for items 6 & 7, Filed ONLY AGAINST THE PERSON
RESPONSIBLE FOR FRAUD A reversion is instituted by the government, through the Solicitor General in
all cases where lands of public domain are held in violation of the Constitution or
were fraudulently conveyed.
6. Action for Damages
The certificate of title issued pursuant to a void patent may be ordered cancelled
An Action for damages can be availed of when reconveyance is no longer and the land reverted to the State through an action for reversion filed by the
possible as when the land has been transferred to an innocent purchaser for value. Solicitor General. Similarly, an action for cancellation of title and reversion may be
filed by the Solicitor General where the land decreed by the registration court is
An ordinary action for damages prescribes in 10 years after the issuance of the inalienable. This action cannot be barred by the prior judgment of said court since
Torrens title over the property. it had no jurisdiction over the subject matter.

4BLUE 95: The Indefeasibility of title, prescription, laches, and estoppel do NOT
bar reversion suits.

7. Action for Compensation from the Assurance Fund

Requisites:
1. That a person sustains loss or damage, or is deprived of any estate or
interest in land;
2. On account of the bringing of land under the operation of the Torrens 23. Criminal Prosecution
System arising after original registration;
3. Through fraud, error, omission, mistake or misdescription in a certificate Sec. 116 of the Land Registration Act: Whoever knowingly swears falsely to any
of title or entry or memorandum in the registration book; statement required to be made under oath by this Act shall be guilty of perjury and
4. Without negligence on his part; and liable to the penalties provided by laws for perjury.
5. Is barred or precluded from bringing an action for the recovery of such
land or estate or interest therein. The State may criminally prosecute for perjury the party who obtains registration
through fraud, such as by stating false assertions in the sworn answer required of
applicants in cadastral proceedings.
4BLUE 95: Filed against the person responsible for fraud, the Register of
Deeds, and the National Treasurer , AND Compensation is equivalent to the
value of the land at the time of loss
Execution is first sought against the person responsible for fraud, then against
the national government, if the person is insolvent

8. Cancellation of Title

The cancellation of title is initiated by a private party usually in a case where there
are 2 titles issued to different persons for the same lot.

1. In case of double title:

- The earlier title prevails, unless procured by fraud or is jurisdictionally
flawed.
- The latter title is void even if IPV derives title there from.

2. In case of non-registered land:

- To be filed by the Sol. Gen. for cancellation or reversion to the State
- Voiding or cancellation of OCT does not affect derivative TCTs if their
holders are not given the opportunity to be heard and defend their title

9. Quieting of Title

Quieting of title is the remedy for the removal of any cloud of doubt or
uncertainty with respect to real property.

Requisites:
1. Plaintiff or complainant has a legal or an equitable title to or interest in
the real property subject of the action; and
2. The deed, claim, encumbrance, or proceeding claimed to be casting a
cloud on his title must be shown to be in fact invalid or inoperative
despite its prima facie appearance of validity or legal efficacy.

4BLUE 95: An action quasi-in rem

4BLUE 95: An ordinary civil case brought to remove clouds on the title to real
property or any interest therein, because of any contract, record, claim,
encumbrance, or proceeding that is void, voidable, or unenforceable, and may be
prejudicial to said title

10. Annulment of Judgment or Final Orders and Resolutions

A judgment of annulment shall set aside a questioned judgment or final order

or resolution in civil actions of the RTC for which the ordinary remedies of new
trial, appeal, petition for relief or other appropriate remedies are no longer
available through no fault of the petitioner.

Grounds:
1. Extrinsic Fraud- Extrinsic fraud shall NOT be a valid ground if it was
availed of, or could have been availed of, in a motion for new trial or
petition for relief.(Sec. 2, Rule 47 of the Rules of Court)
2. Lack of Jurisdiction

4BLUE 95: An exceptional remedy in equity available only when other

remedies are unavailable, and only if the judgment was rendered by a court
lacking jurisdiction or through extrinsic fraud. (Aboitiz v. Po, G.R. Nos.
208450 & 208497, June 5, 2017)

14
SUBSEQUENT REGISTRATION
Voluntary Dealings Involuntary Dealings
Refer to deeds, instruments, or
Subsequent Registration Involves incidental matters after original registration, brought
documents which are results of the free
before the land registration court by way of motion or petition and filed by the registered and voluntary acts of the parties thereto. Refer to the writs, orders, or processesissued
owner or a party in interest. by the court of record affecting registered land,
4BLUE 95: MIRROR DOCTRINE also other instruments which are not willful acts
Necessity and effects of registering voluntary and involuntary instruments mirror doctrine provides that persons of the registered owner, executed without his
dealing with property covered by Torrens knowledge or consent.
Except for a will that purports to convey or affect a registered land, the mere titles are not required to go beyond what
execution of the deeds of sale, mortgage, or lease or other voluntary documents appears on its face.
serves only 2 purposes: We must stress that where a case like the
present one involves a sale of a parcel of
a) As a contract between the parties thereto; and land under the Torrens system, the
b) As evidence of authority to the ROD to register such documents. (Sec. 51, P.D. applicable rule is that a person dealing
with the registered property need not go
1529)
beyond the certificate of title; he can rely
solely on the title and he is charged with
notice only of such burdens and claims as
Registration as the operative act of conveyance are annotated on the title.
The registration of the instrument is the operative act that conveys ownership or A builder in good faith is one who builds
affects the land insofar as third persons are concerned. with the belief that the land he is building
on is his, and is ignorant of any defect or
flaw in his title. - Orquiola vs. CA, G.R.
Registration as notice No. 141463
Registration creates a constructive notice to the whole world of such voluntary or
involuntary instrument or court writ or process. (P.D. 1529, §52) 1. Sale 1. Attachment
2. Real property mortgage 2. Mandamus
3. Lease 3. Sale on execution of judgment or
4. Pacto de retro sale sales for taxes
“Rule of Notice”
5. Extra-judicial settlement 4. Adverse claims
General Rule: There is an irrefutable presumption that the purchaser has examined 6. Free patent/homestead 5. Notice of lis pendens
every instrument affecting the title. He is charged with notice of every fact shown 7. Powers of attorney 6. Expropriation
by the record and is presumed to know every fact which an examination of the 8. Trusts 7. Forfeiture
record would have disclosed (Garcia v. CA, G.R. Nos. L-48971, Jan. 22, 1980). 8. Auction sale on foreclosure of
mortgage
Exception: There is no effect of constructive notice when there is fraud involved in Presentation of the owner’s duplicate
the transaction. certificate of title is required to notify; Entry in the day book of ROD is sufficient
mere entry in the day book of the Register notice to all persons
of Deeds (ROD) is insufficient
An innocent purchaser for value of
Chain of Title Rule General Rule: registered land becomes the registered
owner the moment he presents and files a
duly notarized and valid deed of sale and Entry thereof in the day book of the ROD is
A forged deed is null and cannot convey title.
the same is entered in the day book of the sufficient notice to all persons even if the
ROD and at the same time he surrenders or owner’s duplicate certificate of title is not
Exception: presents the owner’s duplicate certificate presented to the ROD.
of title covering the land sold and pays the
Registration of title from a forger to an innocent purchaser for value (§55, Land registration fees.
Registration Act). However, there must be a complete chain of registered titles; all
the transfers starting from the original rightful owner to the innocent holder for 4BLUE 95: An innocent purchaser for
value, including the transfer to the forger, must be duly registered, and the title value refers to someone who ―buys the
must be properly issued to the transferee (Sps. Peralta v. Heirs of Abalon, G.R. No. property of another without notice that
183448, June 30, 2014). some other person has a right to or interest
Although generally a forged or fraudulent deed or document is a nullity and in it, and who pays a full and fair price at
conveys no title, it may become the root of a valid title when the certificate of title the time of the purchase or before
receiving any notice of another person’s
over the land has already been transferred from the name of the owner to that of the
claim.‖ One claiming to be an innocent
forger and the land is sold later to an innocent purchaser for value. A person who
purchaser for value has the burden of
deals with registered property in good faith will acquire good title from a forger proving such status.
and will be absolutely protected by a Torrens title (Sps. Villamil v. Villarosa, G.R.
No. 177187, Apr. 7, 2009).
It is necessary to register the deed or Entry in the day book of the ROD is sufficient
While, it is a familiar doctrine that a forged or fraudulent document may become instrument in the entry book of the ROD notice to all persons of an adverse claim without
the root of a valid title, if title to the property has been transferred from the forger and a memorandum thereof shall also be the same being annotated at the back of the
to an innocent purchaser in good faith, the same does not apply in the case of made in the owner’s duplicate certificate certificate of title
banking institutions or those engaged in real estate for they are expected to and its original
exercise more care and prudence than private individuals in their dealing with At the time of the filing of the petition for Entry of the attachment in the books is
registered lands. In the absence of inquiry, the respondent Bank cannot and should cancellation of encumbrance, the lease sufficient notice to all persons. Hence, the fact
not be regarded as a mortgagee/purchaser in good faith (Erasusta v. CA, G.R. No. contract already lost its efficacy. Thus, that the deed of sale was already annotated is of
149231, July 17, 2006). there is no basis to save its annotation on no moment with regard to third persons. The
defendant’s title. The fact that the preference created by the levy on attachment is
cancellation of the lease contract was not diminished by the subsequent registration of
forged is of no moment, for there was no the deed of sale.
violation of a right.
Reliance On Title
Registration of Trust GR: A person dealing with registered
property need not go beyond, but only has
Implied Trusts to rely on, the title.
Presentation of a sworn statement claiming interest arising from an implied He is charged with notice only of such
trust, with a description of the land, the name of the registered owner, and the burdens and claims which are annotated on
number of the certificate of title the title, for registration is the operative act
that binds the property.
Express Trust XPN:
Presentation of the instrument creating the trust 1. Banks are required to exercise more care
and prudence in dealing with registered
lands for their business is one affected with
Note: In both cases, a memorandum of the particulars of the trust shall be public interest.
entered by the words ―in trust‖ or ―upon condition‖ and by reference by number 2. When the purchaser or mortgagee is a
to the instrument creating the trust (§65, PD1529) financing institution
3. When party concerned has actual
Registration of Appointed Trustee by Court knowledge of facts and circumstances that
1. Presentation of the certified copy of the decree would impel a reasonably cautious man to
2. Surrender and cancellation of the duplicate certificate make inquiry.
3. Issuance and entry of a new certificate 4. When purchaser is in bad faith; e.g. he
had full knowledge of a previous sale.
5. Purchaser of land where the certificate
4BLUE 95: Other Notes on Voluntary Dealings - Builders in Good Faith may register - of title contains a notice of Lis pendens;
6. When a person buys land from one
Aliens may register leases: - They may be granted temporary rights for residential
whose rights over the land is evidenced
purposes - Limit is 25 years, renewable for another 25 years only by a deed of sale and an annotation in
the certificate of title but no TCT.

15
I. VOLUNTARY DEALINGS

Rule: Registration of the instrument is the operative act that transmits or transfers
title. Without registration, the instrument is binding only between the parties. MIRROR DOCTRINE

Exception: Actual knowledge of an unregistered dealing is equivalent to registration, A person dealing with registered land may rely on the correctness of the certificate
insofar as the third person with knowledge is concerned. of title issued. The law does not oblige him to go beyond the certificate to
Under the Torrens system, a sale of property that is not registered under the Torrens determine the condition of the property (Locsin v. Hizon, G.R. No. 204369, Sept.
system is binding only between the buyer and the seller and does not affect innocent 17, 2014)
third persons. The only exception to this is ―knowledge of an unregistered sale is
equivalent to registration.‖ (Evy Construction v. Valiant Roll Forming Sales Corp., G.R. Where there is nothing in the certificate to indicate any cloud or vice in the
No. 207938, Oct. 11, 2017) ownership of the property or any encumbrance thereon, the purchaser is not
required to explore further than what the Torrens Title indicates upon its face to
find hidden defects or claims that may subsequently defeat his right. (Id.)
Process of Registration (Generally):
Every person dealing with registered land may safely rely on the correctness of the
1. Execution of instrument in a form sufficient in law. It must contain the names, certificate of title issued therefore. Even if a decree in a registration proceeding is
nationalities, residence, and postal addresses of the grantees or others acquiring an infected with nullity, still, an innocent purchaser for value relying on a Torrens title
interest under the instrument. (P.D. 1529, §55) issued in pursuance thereof is protected (Cruz v. CA & Suzara, G.R. No. 120122,
Nov. 6, 1997).
2. Presentation of the following to the ROD: (a) Owner’s duplicate certificate (b)
Instrument If land is registered and is covered by a certificate of title, any person may rely on
the correctness of the certificate of title, and he or she is not obliged to go beyond
3. Payment of registration fees and documentary stamp taxes the four (4) corners of the certificate to determine the condition of the property.
This rule does not apply, however, when the party has actual knowledge of facts
4. The ROD makes and signs a memorandum on the certificate of title 42. The and circumstances that would impel a reasonably cautious man to make such
ROD issues a Transfer Certificate of Title (if the instrument involves a transfer of inquiry or when the purchaser has knowledge of a defect or the lack of title in his
the title to the land) vendor or of sufficient facts to induce a reasonably prudent man to inquire into the
status of the title of the property in litigation. (Amoguis v. Ballado, G.R. No.
189626, Aug. 20, 2018)

EXCEPTIONS TO MIRROR DOCTRINE:

MORTAGE & LEASE REGISTRATION The person dealing with registered land must look beyond the certificate of title in the
following instances:

1.When the purchaser or mortgagee is a Bank/financing institution. They are

Registration of Real Estate Mortgage (REM) impressed with public interest and thus require high standards of integrity and
performance. Banks must exercise greater care, prudence, and due diligence in
1. Execution of deed in a form sufficient in law (public instrument) their property dealings. The standard operating practice for banks when acting on a
2. Presentation to the ROD of the following: (a) Deed of mortgage (b) Owner’s duplicate loan application is to conduct an ocular inspection of the property offered for
certificate of title mortgage and to verify the genuineness of the title to determine its real owner.
3. Payment of fees
(Andres v. PNB, G.R. No. 173548, Oct. 15, 2014).
4. ROD’s entry of memorandum upon the original certificate of title and the owner’s
duplicate (date and time of filing, file number assigned, ROD’s signature)
5. ROD’s annotation on the deed (date and time of filing, and reference to volume and 2. Where the Owner still holds a valid and existing certificate of title covering the
page of the registration book in which it was registered) same property. The law protects the lawful holder of a registered title over the
transfer of a vendor bereft of any transmissible right (Tomas v. Tomas, G.R. No.
4BLUE 95 Note: No mortgagee’s or lessee’s duplicate certificate shall be issued upon L-36897, June 25, 1980).
registration of the REM (P.D. 1529, §60).
3. When the purchaser is in Bad faith (Egao v. CA, G.R. No. 79787, June 29,
Effects of Registration of REM 1989).
1. Creates a lien that attaches to the property in favor of the mortgagee 4. Where the land is bought not from the registered owner but from one whose
2. Constructive notice of his interest in the property to the whole world rights have been Merely annotated on the certificate of title (Quiñiano v. CA, G.R.
No. L-23024, May 31, 1971).
Effects of Failure to REM

1. The mortgage is valid between the parties but is not binding against third persons 5. When there are sufficiently strong Indications to impel closer inquiry into the
location, boundaries, and condition of the lot (Francisco v. CA, G.R. No. L-30162,
2. If the personal property mortgaged is delivered, the contract becomes a pledge and not Aug. 31, 1987).
a chattel mortgage
Examples of ―strong indications‖: (a) When the land sold is in possession of a
3. A third person’s actual knowledge of the mortgage has the same effect as registration person other than the seller (b) When there are occupants other than the registered
owner

6. When the certificate of title contains a notice of Lis pendens

7. When the purchaser had full Knowledge of flaws and defects of the title
Registration of Lease
(Bernales v. IAC, G.R. Nos. 71490-91, June 28, 1988).

It is the lessee, not the lessor, who is required to initiate the registration. The process is the 8. When the purchaser buys from an Agent and not from the registered owner
same with the registration of real estate mortgages. Similarly, no new certificate is issued.

4BLUE 95 Note: When there is a prohibition in mortgaged property as regards subsequent

conveyances, etc., leasehold cannot be registered.

Subsequently registered mortgage and a prior unregistered sale

Whether the land is unregistered or registered will determine which one will prevail Mirror Doctrine not applicable to unregistered lands
between a subsequently registered mortgage and a prior unregistered sale

In unregistered land, an earlier instrument (sale or mortgage) prevails over a latter one, 4BLUE 95: Notably, the mirror doctrine is not available when there is no
and the registration of any one of them is immaterial. certificate to begin with. While an ordinary buyer may rely on the certificate of
title issued in the name of the seller, this defense of having purchased the property
With registered land, the registered transaction prevails over the earlier unregistered right. in good faith may be availed of only where registered land is involved and the
Prior registration of a lien creates a preference as the act of registration is the operative act buyer had relied in good faith on the clear title of the registered owner. It does not
that conveys and affects the land. The only exception to this rule is when a party has apply when the land is not yet registered with the Registry of Deeds. (Heirs of
knowledge of a prior existing interest unregistered at the time he acquires a right, his Gregorio Lopez v. DBP., G.R. No. 193551, Nov. 19, 2014)
knowledge of that prior unregistered interest has the effect of registration as to him.
(Macadangdang v. Martinez, G.R. No. 158682, Jan. 31, 2005)

16
II. INVOLUNTARY DEALINGS

Transactions affecting land in which cooperation of registered owner is not needed, Cancellation of Adverse Claim An adverse claim may be canceled:
or those which are done even against his will.
1. After the lapse of 30 days, upon the filing by the party-in-interest of a verified
petition for such purpose
2. Before the lapse of said 30 days, upon the filing by the claimant of a sworn
A.ADVERSE CLAIM petition withdrawing his adverse claim
3. Before the lapse of the 30-day period, when a party-in-interest files a petition in
Notice to third persons that someone is claiming an interest on the property or the proper RTC for the cancellation of the adverse claim and, after notice and
has a better right than the registered owner thereof. The disputed land is hearing, the court finds that the claim is invalid. If the court also finds the claim to
subject to the outcome of the dispute (Sajonas v. CA, G.R No. 102377, July 5, be frivolous, it may fine the claimant the amount of not less than 1,000 pesos nor
1996). more than 5,000 pesos, in its discretion.

Binding Effect of Adverse Claims Grounds for Cancellation of Adverse Claim (P.D. 1529, §64) (MoNoE-UVe) Before
final judgment, the court may order the cancellation:
Annotations of adverse claims operate as a constructive notice only to third
parties—not to the court or the registered owner. These are merely claims of 1. After showing that notice is only for purpose of Molesting an adverse party
interest or claims of the legal nature and incidents of the relationship between the 2. When it is shown that it is not necessary to protect the right of the party who
person whose name appears on the document and the person who caused the caused the registration thereof
annotation. It does not affect the validity of the claim or convert a defective claim 3. Where the Evidence so far presented by the plaintiff does not bear out the main
or document into a valid one. These claims may be proved or disproved during the allegations of the complaint
trial. Thus, annotations are not conclusive upon courts or upon owners who may 4. When the continuances of the trial are Unnecessarily delaying the determination
not have reason to doubt the security of their claim as their properties' title holders. of the case to the prejudice of the other party
(University of Mindanao, Inc. v. Bangko Sentral ng Pilipinas, G.R. Nos. 194964- 5. ROD may also cancel by Verified petition of a party who caused such
65, Jan. 11, 2016). registration

Purposes of Adverse Claim (Arrazola v. Bernas, G.R. No. L-29740, Nov. 10, 4BLUE 95 Note: These grounds are the same as the grounds for cancellation of Notice
1978) of Lis Pendens

(a) Apprises third persons of the controversy over the ownership of the land
(b) Preserves and protects the right of the adverse claimant during the
pendency of the controversy Notes on Adverse Claims
(c) Notice to third persons that any transaction regarding the disputed land is
subject to the outcome of the dispute. The interested party must file with the proper court a petition for the cancellation
of an adverse claim, and a hearing must also first be conducted. The Register of
Note: Actual knowledge is equivalent to the registration of the adverse claim. Deeds cannot on its own automatically cancel the adverse claim for due process
purposes (Diaz-Duarte v. Ong, G.R. No. 130352, Nov. 3, 1998).
Requisites:
The effects of a foreclosure sale retroact to the date of registration of the mortgage.
1. A claimant’s right or interest in the registered land is adverse to the If the adverse claim is registered only after the annotation of the mortgage at the
registered owner; back of the certificate of title, the adverse claim could not affect the rights of the
2. Such right arose subsequent to the date of original registration; mortgagee, even if the foreclosure of the mortgage and the public auction sale
3. No other provision is made in the Decree for the registration of such right occurred after the annotation of the adverse claim (Limpin v. IAC, G.R. No.
or claim (P.D. 1529, §70) 70987, Jan. 30, 1987).

Formal Requisites to Register an Adverse Claim: (WNR) An adverse claim may exist concurrently with a subsequent annotation of a notice
of lis pendens (Ty Sin Tei v. Dy Piao, G.R. No. 11271, May 28, 1958). When an
1. The adverse claimant must state the following in Writing: adverse claim exists concurrently with a notice of lis pendens, the notice of adverse
(a) His alleged right or interest claim may be validly canceled after the registration of such notice, since the notice
(b) How and under whom such alleged right or interest is acquired of lis pendens also serves the purpose of the adverse claim (Villaflor v. Juezan,
(c) The description of the land in which the right or interest is claimed G.R. No. 35205, Apr. 17, 1990).
(d) The certificate of title number

2. Such statement must be signed and sworn to before a Notary public or

authorized officer to administer the oath B.ATTACHMENT
3. The claimant shall state his Residence or place to which all notices may be
served upon him The legal process of seizing another's property in accordance with a writ or judicial
order to secure satisfaction of a judgment yet to be rendered
Note: Noncompliance with formal requisites renders the adverse claim non-
registrable and ineffective. Kinds 1. Preliminary 2. Garnishment 3. Levy on execution

Examples of Registrable Adverse Claims Registration of Attachment/Other Liens

1. Voluntary instruments of sale and lease, when the owner refuses to 1. Copy of writ in order to preserve any lien, right, or attachment upon registered
surrender the duplicate certificate of title for annotation of the voluntary land may be filed with ROD where the land lies, containing the number of
instrument (L.P. Leviste v. Noblejas, G.R. L-28529, Apr. 30, 1979). certificate of title of the land to be affected or description of the land
2. An interest on land based on a lawyer’s contingent fee contract arising after 2. ROD to index attachment in names of both plaintiff and defendant or name of
original registration (Director of Lands v. Ababa, G.R. No. L-26096, Feb. 27, the person for whom property is held or in whose name stands in the records
1979). 3. If a duplicate of the certificate of title is not presented:

Examples of Non-registrable Adverse Claims (a) ROD shall, within 36 hours, send notice to the registered owner by mail
stating that there has been registration and request him to produce a duplicate
(a) A mere money claim (Sanchez v. CA, G.R. No. L-40177, Feb. 12, 1976). so that memorandum may be made
(b) A claim based on hereditary rights of the children of a deceased parent, (b) If the owner neglects or refuses to comply, the ROD shall report the
when there are probate proceedings and one parent is still living (Arrazola v. matter to the court
Bernas, G.R. No. L-29740, Nov. 10, 1978) (c) The court, after notice, shall enter an order to the owner to surrender the
(c) A second adverse claim based on the same ground by the same claimant certificate at the time and place named therein
(d) Claims based on occurrences before the original registration..
(e) Possessor’s claim based on prescription or adverse possession, when the 4. Although notice of attachment is not noted in duplicate, notation in the book of
land is already registered in the name of another (Arrazola v. Bernas, G.R. entry of ROD produces the effect of registration already. Effects of Registration of
No. L-29740, Nov. 10, 1978) Attachment

(a) Creates Real right

(b) Has priority over Execution sale
(c) But between 2 attachments, one that is registered Earlier is preferred
Period of Effectivity of Adverse Claim (d) If it is not registered, Actual knowledge has the same effect as registration

The adverse claim shall be effective for a period of 30 days from the date of When Attachment may be Discharged
registration.
1. Upon giving of a counter-bond;
2. When the attachment was improperly or irregularly issued or enforced; or
3. When attaching party’s bond is insufficient

17
C.NOTICE OF LIS PENDENS D.EXECUTION SALE

“Lis pendens” means “pending suit.” It merely creates a contingency and not To enforce a lien of any description on registered land, any execution or affidavit
a lien. to enforce such lien shall be filed with ROD where the land lies.
Register in registration book & memorandum upon the proper certificate of title as
Purpose of Lis Pendens an adverse claim or as an encumbrance. To determine preferential rights between 2
liens: priority of registration of attachment.
A notice of lis pendens is an announcement to the whole world that a
particular real property is in litigation, serving as a warning that one who
acquires an interest over said property does so at his own risk, or that he
gambles on the result of the litigation over the said property (Spouses Po Lam
v. CA, G.R. No. 116220, Dec. 6, 2000).

The purpose of the notice of lis pendens is to constructively advise or warn

all people who deal with the property that they so deal with it at their own E.TAX SALE
risk, and whatever rights they may acquire in the property in any voluntary
transaction is subject to the results of the action, and may well be inferior and Sale of land for collection of delinquent taxes and penalties due to the
subordinate to those which may be finally determined and laid down therein government.
(Heirs of Marasigan v. IAC, G.R. No. L-69303, July 23, 1987).

When Notice of Lis Pendens is Proper (QEERCOP) Notes on Tax Sales

1. To Quiet title thereto (a) In personam (all persons interested shall be notified so that they may be
2. To Establish a right, equitable estate, or interest in specific real property given an opportunity to be heard)
3. To Enforce a lien, charge, or encumbrance against it (b) Notice to be given to delinquent taxpayer at his last known address
4. To Recover possession of a real estate (c) Publication of notice must also be made in English, Spanish, and local
5. To remove Clouds upon the title thereof dialect, posted in a public and conspicuous place in the place where the
6. Any Other proceedings of any kind in court directly affecting the title to property is situated and at the main entrance of the provincial building
the land or the use of occupation thereof or the building thereon. (d) Sale cannot affect the rights of other lien holders unless given the right to
7. For Partition defend their rights: due process must be strictly observed
(e) A tax lien is superior to an attachment
When Lis Pendens is Not Proper (P2LAR) (f) There is no need to register a tax lien because it is automatically registered
once the tax accrues
1. Preliminary attachment (g) But the sale of registered land to foreclose a tax lien needs to be registered
2. Proceedings for the Probate of wills
3. Levies on execution
4. Proceedings for Administration of the estate of deceased persons and
5. Proceedings in which the only object is the Recovery of a money judgment Procedure of Registration of Tax Sale

Elements to annotate notice of lis pendens 1. Officer’s return shall be submitted to the ROD together with the owner’s
duplicate title
1. Property must be of such character as to be subject to the rule; 2. Register in the registration book
2. The court must have jurisdiction both over the person and the res; and 3. The memorandum shall be entered in the certificate as an adverse claim or
3. The property or res must be sufficiently described in the pleadings. encumbrance
4. After the period of redemption has expired and no redemption was made (2
Effect of Notice of Lis Pendens (P.D. 1529, §76) years from registration of auction sale), the title must be cancelled and a new
title will be issued
No action to recover possession, or to quiet title, or to remove clouds, or for 5. Before the cancellation, notice shall be sent to the registered owner, with
partition, or other judicial proceedings directly affecting title or use or the directive that he surrender title and show cause why it should not be
occupation or buildings thereon, and no judgment, and no proceeding to cancelled
vacate or reverse any judgment, shall have any effect upon registered land as
against persons other than the parties, unless memorandum or notice is filed
or registered (stating institution of action or proceeding and court were Other Parties Required to Register Involuntary Dealings
pending, date of institution, reference to the number of certificate of title, an
adequate description of the land affected and registered owner). 1. Assignee in Involuntary Proceeding for Insolvency (P.D. 1529, §83)

(a) It is the duty of the officer serving the notice to file a copy of such
Effect of Registration notice to ROD where the property of the debtor is located
(b) Assignee elected or appointed by the court shall be entitled to entry
1. Impossibility of alienating the property in dispute during the pendency of of a new certificate of registered land upon presentment of a copy of
the suit assignment with the bankrupt's duplicate certificate of title
2. If alienated, the purchaser is subject to the final outcome of the pending (c) The new certificate shall state that it is entered into by him as
suit assignee or trustee in insolvency proceedings
3. ROD is duty-bound to carry over the notice of lis pendens on all new titles (d) Upon order vacating the insolvency proceedings, any title issued in
to be issued name of the assignee shall be ordered surrendered and the debtor shall
be entitled to entry of new certificate in his name.

Grounds for Cancellation of Lis Pendens (P.D. 1529, §64) (MoNoE-UVe) 2. Government in Eminent Domain (P.D. 1529, §85)

Before final judgment, the court may order the cancellation: (a) The expropriating body is required to file a copy of the judgment in
the eminent domain proceeding within ROD, which states a description
1. After showing that notice is only for purpose of Molesting an adverse party of the property, certificate number, interest expropriated, nature of
2. When it is shown that it is not necessary to protect the right of the party public use
who caused the registration thereof
3. Where the Evidence so far presented by the plaintiff does not bear out the (b) A memorandum shall be made on the certificate or, if fee simple is
main allegations of the complaint taken, a new certificate of title shall be issued
4. When the continuances of the trial are Unnecessarily delaying the
determination of the case to the prejudice of the other party
5. ROD may also cancel by Verified petition of the party who caused such
registration

Notes on Lis Pendens

All findings of fraud should begin the exposition with the presumption of
good faith; The erroneous annotation of a notice of lis pendens does not
negate good faith. The overzealousness of a party in protecting pendent lite
his perceived interest, inchoate or otherwise, in the corporation’s properties
from depletion or dissipation, should not be lightly equated to bad faith (Lu v.
Lu Ym, Sr., G.R. Nos. 153690, 157381 & 170889, Feb. 15, 2011).

18
 NON REGISTRABLE PROPERTIES

Sec. 2, Art. XII, 1987 Constitution. All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by the State.

Sec. 2, Art. XI, 1987 Constitution. With the exception of agricultural lands, all other natural
resources shall NOT be alienated.

The classification of public lands is an exclusive prerogative of the Executive Department of the
Government and NOT of the courts. In the absence of such classification, the land remains as
unclassified land until it is released therefrom and rendered open to disposition.

Patrimonial Property

Refers to property that is open to dispositionby the Government, or otherwise property

pertaining to the national domain, or public lands.

4BLUE 95: The property of provinces, cities, and municipalities is divided into property
for public use and patrimonial property. Property for public use, in the provinces, cities,
and municipalities, consist of the provincial roads, city streets, municipal streets, the
squares, fountains, public waters, promenades, and public works for public service paid
for by said provinces, cities, and municipalities. All other property possessed by any of
them is patrimonial and shall be governed by the Civil Code, without prejudice to the
provisions of special laws. (Art. 424, CC)

DEALING WITH UNREGISTERED LANDS

Need for Registration (P.D. 1529. §113)

No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not
registered under the Torrens system shall be valid, except as between the parties thereto,
unless such instrument shall have been recorded in the manner herein prescribed in the
office of the Register of Deeds for the province or city where the land lies.

System of Registration for Unregistered Lands

Before, the system of registration for unregistered land under the Torrens System (Act
3344) only covered voluntary dealings. Now, it includes involuntary dealings.

Effect: If prospective, it binds 3rd persons after registration but yields to better rights of
3rd person prior to registration (limited effect to 3rd parties)
Reason: No strict investigation involved

Subsequent dealings are also valid if recorded. ROD keeps a daybook and a register, and
an index system is also kept.

Procedure: Presentation of instrument dealing with unregistered land;

1. If found in order, the instrument is registered;
2. If found defective, the registration is refused. The reason for refusal will be
written.

Under Act 3344, registration of instruments affecting unregistered lands is without

prejudice to a third party with a better right (Radiowealth Finance Co. v. Palileo, G.R. No.
83432, May 20, 1991).
If a parcel of land covered by a Torrens Title is sold, but the sale is registered under Act
3344, and not under the Land Registration Act, the sale is not considered registered (Vda.
de Melencion v. CA, G.R. No. 148846, Sept. 25, 2007).

Effect of Registration

Registration of an instrument involving unregistered land in the Registry of Deeds creates

constructive notice and binds a third person who may subsequently deal with the same
property. (Heirs of Deleste v. Land Bank, G.R. No. 169913, June 8, 2011)

The reliance on an unnotarized and unregistered deed of absolute sale of real property
executed in one’s favor is misplaced and unwarranted, for the non-registration of the deed
meant that the sale could not bind third parties. The transaction affecting unregistered
lands covered by an unrecorded contract, if legal, might be valid and binding on the
parties themselves, but not on third parties. In the case of third parties, it was necessary
for the contract to be registered. (Dadizon vs. Court of Appeals, G.R. No. 15911, Sept. 30,
2009)

Innocent purchasers of unregistered lands

An ordinary buyer may rely on the certificate of title issued in the name of the seller. He
or she need not look beyond what appears on the face of the certificate of title. However,
the defense of having purchased the property in good faith may be availed of only where
registered land is involved and the buyer had relied in good faith on the clear title of the
registered owner. It does not apply when the land is not yet registered with the Registry of
Deeds. (Heirs of Gregorio Lopez v. DBP., G.R. No. 193551, Nov. 19, 2014).

Vis-à-vis the Torrens System

A duly registered levy on attachment takes precedence over a prior unregistered sale. This
is not diminished by the subsequent registration of the prior sale. This is consistent with
the fundamental principle of the Torrens system that registration is the operative act that
gives validity to the transfer or creates a lien upon the land. (Suntay v. Keyser Mercantile,
Inc., 2014).

19
Q: Macario bought a titled lot from Ramon, got the title and took possession of the lot. Since Q: In 1979, Nestor applied for and was granted a Free Patent over a parcel of agricultural land
Macario did not have the money to pay the taxes, fees and registration expenses, he was not with an area of 30 hectares, located in General Santos City. He presented the Free Patent to the
able to register the Deed of Absolute Sale. Upon advice, he merely executed an Affidavit of Register of Deeds, and he was issued a corresponding Original Certificate of Title (OCT) No.
Adverse Claim and had it annotated at the back of the title. A few years after, he received a 375, Subsequently, Nestor sold the land to Eddie. The deed of sale was submitted to the
Notice of Levy on Attachment and Writ of Execution in favor of Alex. The notice, writ and Register of Deeds and on the basis thereof, OCT No. 375 was cancelled and Transfer Certificate
certificate of sale were annotated at the back of the title still in Ramon's name. Alex contends of Title (TCT) No. 4576 was issued in the name of Eddie. In 1986, the Director of Lands filed a
that since the Affidavit of Adverse Claim is effective only for 30 days from the date of its complaint for annulment of OCT No, 375 and TCT No. 4576 on the ground that Nestor
registration, then its validity has expired. Macario posits that the annotation of his adverse claim obtained the Free Patent through fraud. Eddie filed a motion to dismiss on the ground that he
is notice to the whole world of his purchase of the lot in question. Who has the superior right was an innocent purchaser for value and in good faith and as such, he has acquired a title to the
over the disputed property - Macario or Alex? Explain. (2016 Bar) property which is valid, unassailable and indefeasible. Decide the motion. (2000 Bar)
A: Macario is preferred since the registration of his adverse claim was made ahead of the notice A: The motion of Nestor to dismiss the complaintforannulmentofO.C.T.No.375and T.C.T. No.
of levy and writ of execution in favor of Alex. Macario’s adverse claim, coupled with the fact 4576 should be denied for the following reasons: 1. Eddie cannot claim protection as an
that he was in possession of the disputed property, are circumstances which should have put innocent purchaser for value nor can he interpose the defense of indefeasibility of his title,
Alex on constructive notice that the property being offered to him had already been sold to because his TCT is rooted on a void title. Under Section 91 of CA No. 141, as amended,
another. (Ching v. Enrile, G.R. No. 156076 [2008]) The contention that the adverse claim is otherwise known as the Public Land Act, statements of material facts in the applications for
effective only for 30 years is puerile. In Sajonas v. Court of Appeals, 258 SCRA 79, (1996), the public land must be under oath. Section 91 of the same act provides that such statements shall
Court held that the adverse claim does not ipso facto lose its validity since an independent be considered as essential conditions and parts of the concession, title, or permit issued any
action is still necessary to render it ineffective. Until then, the adverse claim shall continue as a false statement therein, or omission of facts shall ipso facto produce the cancellation of the
prior lien on the property. concession. The patent issued to Nestor in this case is void ab initio not only because it was
obtained by fraud but also because it covers 30 hectares which is far beyond the maximum of 24
hectares provided by the free patentlaw. 2. The government can seek annulment of the original
and transfer certificates of title and the reversion of the land to the state. Eddie's defense is
Q: Section 70 of Presidential Decree No. 1529, concerning adverse claims on registered land, untenable. The protection afforded by the Torrens System to an innocent purchaser for value
provides a 30-day period of effectivity of an adverse claim, counted from the date of its can be availed of only if the land has been titled thru judicial proceedings where the issue of
registration. Suppose a notice of adverse claim based upon a contract to sell was registered on fraud becomes academic after the lapse of one year from the issuance of the decree of
March 1, 1997 at the instance of the BUYER, but on June 1, 1997, or after the lapse of the 30- registration. In public land grants, the action of the government to annul a title fraudulently
day period, a notice of levy on execution in favor of a JUDGMENT CREDITOR was also obtained does not prescribe such action and will not be barred by the transfer of the title to an
registered to enforce a final judgment for money against the registered owner. innocent purchaser forvalue.
Then, on June 15, 1997 there having been no formal cancellation of his notice of adverse claim,
the BUYER pays to the seller-owner the agreed purchase price in full and registers the Q: Rod, the owner of an FX taxi, found in his vehicle an envelope containing TCT No. 65432
corresponding deed of sale. Because the annotation of the notice of levy is carried over to the over a lot registered in Cesar's name. Posing as Cesar, Rod forged Cesar's signature on a Deed
new title in his name, the BUYER brings an action against the JUDGMENT CREDITOR to of Sale in Rod's favor. Rod registered the said document with the Register of Deeds, and
cancel such annotation, but the latter claims that his lien is superior because it was annotated obtained a new title in his name. After a year, he sold the lot to Don, a buyer in good faith and
after the adverse claim of the BUYER had ipso facto ceased to be effective. Will the suit for value, who alsoregisteredthelotin hisname. 1. Did Rod acquire title to the land?Explain. 2.
prosper? (1998Bar) Discuss the rights of Don, if any, over the property. (1991,2005 Bar)
A: The suit will prosper. While an adverse claim duly annotated at the back of a title under Sec. A: 1. No, Rod did not acquire title to the land. The inscription in the registry, to be effective,
7O of P.D. 1529 is good only for 30 days, cancellation thereof is still necessary to render it must be made in good faith. The defense of indefeasibility of a Torrens Title does not extend to
ineffective, otherwise,the inscription thereof will remain annotated as a lien on the property. a transferee who takes the certificate oftitle with notice of a flaw. A holder in bad faith of a
While the life of adverse claim is 3O days under P.D. 1529, it continuous to be effective until it certificate of title is not entitled to the protection of the law, for the law cannot be used as a
is cancelled by formal petition filed with the Register of Deeds. The cancellation of the notice shield for frauds. (Samonte v. Court of Appeals, G.R. No. 104223, July 12, 2001) In the case at
of levy is justified under Sec. 108 of P.D.1529 considering that the levy on execution cannot be bar, Rod only forged Cesar's signature on the Deed of Sale. It is very apparent that there was
enforced against the buyer whose adverse claim against the registered owner was recorded bad faith on the part of Rod from the very beginning. As such, he is not entitled to the
ahead of the notice of levy onexecution. protection of the Land Registration Act. 2. It is a well-known rule in this jurisdiction that
persons dealing with registered land have the legal right to rely on the face of the Torrens
Certificate of Title and to dispense with the need to inquire further, except when the party
concerned has actual knowledge of facts and circumstances that would impel a reasonably
Q: Mario sold his house and lot to Carmen for P1 million payable in five (5) equal annual cautious man to make such inquiry. (Naawan Community Rural Bank v. Court of Appeals, G.R.
installments. The sale was registered and title was issued in Carmen's name. Carmen failed to No. 128573, January 13, 2003) In the given problem, the property was already registered in the
pay the last three installments and Mario filed an action for collection, damages and attorney’s name of Rod when he bought the same from the latter. Thus, Don could be considered as a
fees against her. Upon filing of the complaint, he caused a notice of lis pendens to be annotated buyer in good faith and for value. However, since Rod did not actually sell any property to him,
on Carmen's title. Is the notice of lis pendens proper or not? Why? (2001 Bar) Don has no right to retain ownership over the property. He has only the right to recover the
A: The notice of lis pendens is not proper for the reason that the case filed by Mario against purchase price plus damages.
Carmen is only for collection, damages, and attorney's fees. Annotation of a lis pendens can
only be done in cases involving recovery of possession of real property, or to quiet title or to Q: In 1950, the Bureau of Lands issued a Homestead patent to A. Three years later, A sold the
remove cloud thereon, or for partition or any other proceeding affecting title to the land or the homestead to B. A died in 1990, and his heirs filed an action to recover the homestead from B
use or occupation thereof. The action filed by Mario does not fall on anyone ofthese. on the ground that its sale by their father to the latter is void under Section 118 of the Public
Land Law. B contends, however, that the heirs of A cannot recover the homestead from him
anymore because their action has prescribed and that furthermore, A was in pari delicto. Decide.
(1999Bar)
Q: Regina has been leasing foreshore land from the Bureau of Fisheries and Aquatic Resources A: The sale of the land by A to B 3 years after issuance of the homestead patent, being in
for the past 15 years. Recently, she learned that Jorge was able to obtain a free patent from the violation of Sec. 118 of the Public Land Act, is void from its inception. The action filed by the
Bureau of Agriculture, covering the same land, on the basis of a certification by the District heirs of B to declare the nullity or inexistence of the contract and to recover the land should be
Forester that the same is already "alienable and disposable". Moreover, Jorge had already given due course. B's defense of prescription is untenable because an action which seeks to
registered the patent with the Register of Deeds of the province, and he was issued an Original declare the nullity or inexistence of A contract does not prescribe. On the other hand, B's
Certificate of Title for the same. Regina filed an action for annulment of Jorge's title on the defense of in pari delicto is equally untenable. While as a rule, parties who are in pari delicto
ground that it was obtained fraudulently. Will the action prosper? (2000Bar) have no recourse against each other on the principle that a transgressor cannot profit from his
A: An action for the annulment of Jorge's Original Certificate of Title will prosper on the own wrongdoing, such rule does not apply to violations of Sec. 118 of the Public Land Act
following grounds: 1. Under Chapter IX of C.A., No. 141, otherwise known as the Public Land because of the underlying public policy in the said Act "to conserve the land which a
Act, foreshore lands are disposable for residential, commercial, industrial, or similar productive homesteader has acquired by gratuitous grant from the government for himself and his family".
purposes, and only by lease when not needed by the government for public service. 2. If the In keeping with this policy, it has been held that one who purchases a homestead within the
land is suited or actually used for fishpond or aquaculture purposes, it comes under the fiveyear prohibitory period can only recover the price which he has paid by filing a claim
Jurisdiction of the Bureau of Fisheries and Aquatic Resources (BFAR) and can only be acquired against the estate of the deceased seller (Labrador v. Delos Santos, G.R. No. 44947, November
by lease. (P.D. 705) 3. Free Patent is a mode of concession under Section 41, Chapter VII of the 26, 1938) under the principle that no one shall enrich himself at the expense of another.
Public Land Act, which is applicable only for agricultural lands. 4. The certificate of the district Applying the pari delicto rule to violation of Section 118 of the Public Land Act, the Court of
forester that the land is already "alienable and disposable" simply means that the land is no Appeals has ruled that "the homesteader suffers the loss of the fruits realized by the vendee who
longer needed for forest purposes, but the Bureau of Lands could no longer dispose of it by free in turn forfeits the improvement that he has introduced into the land". (Obot v. Sandadiuas, 69
patent because it is already covered by a lease contract between BFAR and Regina. That OG, April 35,1966)
contract must be respected. 5. The free patent of Jorge is highly irregular and void ab initio, not
only because the Bureau has no statutory authority to issue a free patent over a foreshore area, Q: Cesar bought a residential condominium unit from High Rise Co. and paid the price in full.
but also because of the false statements made in his sworn application that he has occupied and He moved into the unit, but somehow, he was not given the Condominium Certificate of Title
cultivated the land since July 4, 1945, as required by the free patent law. Under Section 91 of covering the property. Unknown to him, High Rise Co. subsequently mortgaged the entire
the Public Land Act, any patent concession or title obtained thru false representation is void ab condominium building to Metrobank as security for a loan of P500 million. High Rise Co.
initio. In cases of this nature, it is the government that shall institute annulment proceedings failed to pay the loan and the bank foreclosed the mortgage. At the foreclosure sale, the bank
considering that the suit carries with it a prayer for the reversion of the land to the estate. acquired the building, being the highest bidder. When Cesar learned about this, he filed an
However, Regina is a party in interest and the case will prosper because she has a lease contract action to annul the foreclosure sale insofar as his unit was concerned. The bank put up the
for the same land with the government. defense that it relied on the condominium certificates of title presented by High Rise Co., which
were clean. Hence, it was a mortgagee and buyer in good faith. Is this defense tenable or not?
Why? (2001 Bar)
A: Metrobank's defense is untenable. As a rule, an innocent purchaser for value acquires a good
and a clean title to the property. However, it is settled that one who closes his eyes to facts that
should put a reasonable man on guard is not an innocent purchaser for value. In the present
problem the bank is expected, as a matter of standard operating procedure, to have conducted an
ocular inspection, of the promises before granting any loan. Apparently, Metrobank did not
follow this procedure. Otherwise, it should have discovered that the condominium unit in
question was occupied by Cesar and that fact should have led it to make further inquiry. Under
the circumstances, Metrobank cannot be considered a mortgagee and buyer in good faith.

20
Q: In 1950's, the Government acquired a big landed estate in Central Luzon from the registered Q: Josef owns a piece of land in Pampanga. The National Housing Authority (NHA) sought to
owner for subdivision into small farms and redistribution of bona fide occupants, F was a expropriate the property for its socialized housing project. The trial court fixed the just
former lessee of a parcel of land, five hectares in area. After completion of the resurvey and compensation for the property at P50 million. The NHA immediately deposited the same at the
subdivision, F applied to buy the said land in accordance with the guidelines of the authorized depository bank and filed a motion for the issuance of the writ of possession with the
implementing agency. Upon full payment of the price in 1957, the corresponding deed of trial court. Unfortunately, there was delay in the resolution of the motion. Meanwhile, the
absolute sale was executed in his favor and was registered, and in 1961, a new title was issued amount deposited earned interest. When Josef sought the release of the amount deposited NHA
in his name. In 1963, F sold the said land to X; and in 1965 X sold it to Y, new titles were argued that Josef should only be entitled to P50 million. Who owns the interest earned? (2017
successively issued in the names of the said purchasers. In 1977, C filed an action to annul the Bar)
deeds of sale to F, X and Y and their titles, on the ground that he had been in actual physical A: Josef owns the interest earned. Interest, which is a civil fruit, follows the owner of the
possession of the land, and that the sale to F and the subsequent sales should be set aside on the principal. Here, Josef owns the deposited amount since upon deposit of the just compensation, it
ground of fraud. Upon motion of defendants, the trial court dismissed the complaint, upholding automatically belongs to the owner of the property expropriated. Hence, Josef, as the owner of
their defenses of their being innocent purchasers for value, prescription and laches. Plaintiff the just compensation deposited, is also entitled to the interest earned thereon. (Republic v.
appealed. 1. Is the said appeal meritorious? Explain your answer. 2. Suppose the government Holy Trinity Realty Dev’t Corp., G.R. No. 172410, 2008)
agency concerned joined C in filing the said action against the defendants, would that change
the result of the litigation? Explain. (1990 Bar) NOTE: In the case of NPC v. Heirs of Ramoran (G.R. No. 193455, 2016), the Court ruled that
A: 1. No, the appeal is not meritorious. The trial court ruled correctly in granting defendant's the imposable rate of interest is 12% per annum from the time of the taking until June 30, 2013,
motion to dismiss for the following reasons: a) While there is the possibility that F, a former and 6% per annum from July 1, 2013 until full payment.
lessee of the land was aware of the fact that C was the bona fide occupant thereof and for this
reason his transfer certificate of title may be vulnerable, the transfer of the same land and the
issuance of new TCTs to X and Y who are innocent purchasers for value render the latter's titles
indefeasible. A person dealing with registered land may safely rely on the correctness of the Q: Sancho and Pacifico are co-owners of a parcel of land. Sancho sold the property to Bart.
certificate of title and the law will not in any way oblige him to go behind the certificate to Pacifico sued Sancho and Bart for annulment of the sale and reconveyance of the property
determine the condition of the property in search for any hidden defect or inchoate right which based on the fact that the sale included his one-half pro-indiviso share. Pacifico had a notice of
may later invalidate or diminish the right to the land. This is the mirror principle of the Torrens lis pendens annotated on the title covering the property and ordered the cancellation of the
System of land registration. b) The action to annul the sale was instituted in 1977 or more than notice of lis pendens. The notice of lis pendens could not be cancelled immediately because the
(10) years from the date of execution thereof in 1957, hence, it has long prescribed. c) Under title over the property was with a bank to which the property had been mortgaged by Bart.
Sec 45 of Act 496, ―the entry of a certificate of title shall be regarded as an agreement running Pacifico appealed the case. While the appeal was pending and with the notice of lis pendens still
with the land, and binding upon the applicant and all his successors in title that the land shall be uncancelled, Bart sold the property to Carlos, who immediately caused the cancellation of the
and always remain registered land. A title under Act 496 is indefeasible and to preserve that notice of lis pendens, as well as the issuance of a new title in his name. 1. Is Carlos (a) a
character, the title is cleansed anew with every transfer for value. (De Jesus v. City of Manila, purchaser in good faith, or (b) a transferee pendente lite? 2. If your answer is (a), how can the
G.R. No. 9337, December 24, 1914; Laperal v. City of Manila, G.R. No. L-42792, October 23, right of Pacifico as co-owner be protected? Explain. (1995, 2002Bar)
1935; Penullar v. PNB, G.R. No. L-32762, January 27, 1983) 2. Even if the government joins C, A: 1. Carlos is a buyer in bad faith. The notice of lis pendens was still annotated at the back of
this will not alter the outcome of the case so much because of estoppel as an express provision the title at the time he bought the land from Bart. The uncancelled notice of lis pendens operates
in Sec. 45 of Act 496 and Sec. 31 of PD 1529 that a decree of registration and the certificate of as constructive notice of its contents as well as interests, legal or equitable, included therein.All
title issued in pursuance thereof ―shall be conclusive upon and against all persons, including the personsare charged with the knowledge of what it contains. In an earlier case, it was held that a
national government and all branches thereof, whether mentioned by name in the application notice of an adverse claim remains effective and binding notwithstanding the lapse ofthe30days
ornot.‖ from its inscription in the registry. This ruling is even more applicable in a lis pendens. Carlos is
a transferee pendente lite insofar as Sancho’s share in the co-ownership in the land is concerned
Q: The spouses X and Y mortgaged a piece of registered land to A, delivering as well the OCT because the land was transferred to him during the pendency of the appeal.
to the latter, but they continued to possess and cultivate the land, giving 1/2 of each harvest to A 2. Pacifico can protect his right as a co- owner by pursuing his appeal; asking the Court of
in partial payment of their loan to the latter, A, however, without the knowledge of X and Y, Appeals to order the re- annotation of the lis pendens on the title of Carlos; and by invoking his
forged a deed of sale of the aforesaid land in favor of himself, got a TCT in his name, and then right of redemption of Bart’s share under Art. 1620.
sold the land to B, who bought the land relying on A's title, and who thereafter also got a TCT
in his name. It was only then that the spouses X and Y learned that their land had been titled in
B's name. May said spouses file an action for reconveyance of the land in question against b? Q: Juliet offered to sell her house and lot, together with all the furniture and appliances therein
Reason. (1999, 2017 Bar) to Dehlma. Before agreeing to purchase the property, Dehlma went to the Register of Deeds to
A: The action of X and Y against B for reconveyance of the land will not prosper because B has verify Juliet's title. She discovered that while the property was registered in Juliet's name under
acquired a clean title to the property being an innocent purchaser for value. A forged deed is an the Land Registration Act, as amended by the Property Registration Decree, it property, Dehlma
absolute nullity and conveys no title. The fact that the forged deed was registered and a told Juliet to redeem the property from Elaine, and gave her an advance payment to be used for
certificate of title was issued in his name, did not operate to vest upon an ownership over the purposes of releasing the mortgage on the property. When the mortgage was released, Juliet
property of X and Y. The registration of the forged deed will not cure the infirmity. However, executed a Deed of Absolute Sale over the property which was duly registered with the Registry
once the title to the land is registered in the name of the forger and title to the land thereafter of Deeds, and a new TCT was issued in Dehlma's name. Dehlma immediately took possession
falls into the hands of an innocent purchaser for value, the latter acquires a clean title thereto. A over the house and lot and the movables therein. Thereafter, Dehlma went to the Assessor's
buyer of a registered land is not required to explore beyond what the record in the registry Office to get a new tax declaration under her name. She was surprised to find out that the
indicates on its face inquest for any hidden defectorinchoate right which may subsequently property was already declared for tax purposes in the name of XYZ Bank which had foreclosed
defeat his right thereto. This is the "mirror principle‖ of the Torrens system which makes it the mortgage on the property before it was sold to her. XYZ Bank was also the purchaser in the
possible for a forged deed to be the root of a good title. Besides, it appears that spouses X and Y foreclosure sale of the property. At that time, the property was still unregistered but XYZ Bank
are guilty of contributory negligence when they delivered this OCT to the mortgagee without registered the Sheriff's Deed of Conveyance in the day book of the Register of Deeds under Act.
annotating the mortgage thereon. Between them and the innocent purchaser for value, they 3344 and obtained a tax declaration in its name. 1. Was Dehlma a purchaser in good faith? 2.
should bear the loss. Who as between Dehlma and XYZ Bank has a better right to the house and lot? (2008 Bar)
A: 1. Yes, Dehlma is a purchaser in good faith. She learned about the XYZ tax declaration and
Q: Rommel was issued a certificate of title over a parcel of land in Quezon City. One year later foreclosure sale only after the sale to her was registered. She relied on the certificate of title of
Rachelle, the legitimate owner of the land, discovered the fraudulent registration obtained by her predecessor-ininterest. Under the Torrens system, a buyer of registered lands is not required
Rommel. She filed a complaint against Rommel for reconveyance and caused the annotation of by law to inquire further than what the Torrens certificate indicates on its face. If a person
a notice of lis pendens on the certificate of title issued to Rommel. Rommel now invokes the proceeds to buy it relying on the title, that person is considered as buyer in good faith. The
indefeasibility of his title considering that one year has already elapsed from its issuance. He ―priority in time‖ rule could not be invoked by XYZ Bank because the foreclosure sale of the
also seeks the cancellation of the notice of Lis pendens. 1. May the court cancel the notice of lis land in favor of the bank was recorded under Act No. 3344, the law governing transaction
pendens even before final judgment is rendered? Explain. 2. Will Rachelle's suit for affecting unregistered land, and thus, does not bind the land. 2. Between Dehlma and the bank,
reconveyance prosper? Explain. (1995 Bar) the former has a better rightto the house and lot.
A: 1. A Notice of Lis Pendens may be cancelled even before final Judgment upon proper
showing that the notice is for the purpose of molesting or harassing the adverse party or that the
notice of lis pendens is not necessary to protect the right of the party who caused it to be
registered. (Sec. 77, P.D. No. 1529) In this case, it is given that Rachelle is the legitimate owner
of the land in question. It can be said, therefore, that when she filed her notice of lis pendens her
purpose was to protect her interest in the land and not just to molest Rommel. It is necessary to
record the lis pendens to protect her interest because if she did not do it, there is a possibility
that the land will fall into the hands of an innocent purchaser for value and in that event, the
court loses control over the land making any favorable judgment thereon moot and academic.
For these reasons, the notice of lis pendens may not becancelled. 2. Yes, Rachelle's suit will
prosper because all elements for an action for reconveyance are present, namely: a. Rachelle is
claiming dominical rights over the sameland. b. Rommel procured his title to the land by fraud.
c. The action was brought within the statutory period of four (4) years from discovery of the
fraud and not later than ten (10) years from the date of registration of Rommel'stitle. d. Title to
the land has not passed into the hands of an innocent purchaser for value. Rommel could invoke
the indefeasibility of his title if Rachelle had filed a petition to reopen or review the decree of
registration. But Rachelle instead filed an ordinary action in personam for reconveyance. In the
latter action, indefeasibility is not a valid defense because, in filing such action, Rachelle is not
seeking to nullify nor to impugn the indefeasibility of Rommel's title. She is only asking the
court to compel Rommel to reconvey the title to her as the legitimate owner of theland.

Q: In an action brought to collect a sum of money based on a surety agreement, the defense of
laches was raised as the claim was filed more than seven years from the maturity of the
obligation. However, the action was brought within the ten-year prescriptive period provided by
law wherein actions based on written contracts can be instituted. Will the defense prosper?
Reason. (2000 Bar)
A: No, the defense will not prosper. The problem did not give facts from which laches may be
inferred. Mere delay in filing an action, standing alone, does not constitute laches.(Agra v.
PNB, G.R. No. 133317,June 29, 1999)

21
Q: Way back in 1948, Winda’s husband sold in favor of Verde Sports Center Corp. (Verde) a Q: Louie, before leaving the country to train as a chef in a five-star hotel in New York, U.S.A.,
10-hectare property belonging to their conjugal partnership. The sale was made without entrusted to his first-degree cousin Dewey an application for registration, under the Land
Winda’s knowledge, much less consent. In 1950, Winda learned of the sale, when she Registration Act, of a parcel of land located in Bacolod City. A year later, Louie returned to the
discovered the deed of sale among the documents in her husband’s vault after his demise. Soon Philippines and discovered that Dewey registered the land and obtained an Original Certificate
after, she noticed that the construction of the sports complex had started. Upon completion of of Title over the property in his Dewey’s name. Compounding the matter, Dewey sold the land
the construction in 1952, she tried but failed to get free membership privileges inVerde. Winda to Huey, an innocent purchaser for value. Louie promptly filed an action for reconveyance of
now files a suit against Verde for the annulment of the sale on the ground that she did not the parcel of land against Huey.
consent to the sale. In answer, Verde contends that, in accordance with the Spanish Civil Code 1. Is the action pursued by Louie the proper remedy?
which was then in force, the sale in 1948 of the property did not need her concurrence. Verde 2. Assuming that reconveyance is the proper remedy, will the action prosper if the case was
contends that in any case the action has prescribed or is barred by laches. Winda rejoins that her filed beyond one year, but within ten years, from the entry of the decree of registration? (2003
Torrens title covering the property is indefeasible, and imprescriptible. Bar)

1. Define or explain the term―laches. A: 1. An action for reconveyance against Huey is not the proper remedy, because Huey is an
2. Decide the case, stating your reasons for your decision. (2002Bar) innocent purchaser for value. The proper recourse is for Louie to go after Dewey for damages
by reason of the fraudulent registration and subsequent sale of the land. If Dewey is insolvent,
A: Louie may file a claim against the AssuranceFund.(Heirs ofPedroLopez v.De Castro, G.R. No.
1. LACHES means failure or neglect, for an unreasonable and unexplained length of time, to do 112905, February 3, 2000 citing Sps. Eduarte v. CA, G.R. No. 105944, February 9,1996) 2.
what, by exercising due diligence, could or should have been done earlier. It is negligence or Yes, the remedy will prosper because the action prescribes in ten (10) years, not within one (1)
omissionto assert a right within a reasonable time. (De Vera v. CA, G.R. No. 97761, April 14, year when a petition for the reopening of the registration decree may be filed. The action for
1999) reconveyance is distinct from the petition to reopen the decree of registration. (Grey Alba v. De
la Cruz, G.R. No. 5246, September 16, 1910) There is no need to reopen the registration
2. While Art. 1413 of the Spanish Civil Code did not require the consent of the wife for the proceedings, but the property should just be reconveyed to the real owner. The action for
validity of the sale, an alienation by the husband in fraud of the wife is void as held in Uy reconveyance is based on implied or constructive trust, which prescribes in ten (10) years from
Coque v. Navas. (G.R. No. L-20392, November 20, 1923) Assuming that the alienation in 1948 the date of issuance of the original certificate of title. This rule assumes that the defendant is in
was in fraud of Winda and, therefore, makes the sale to Verde void, the action to set aside the possession of the land. Where it is the plaintiffwho is in possession of the land, the action for
sale, nonetheless, is already barred by prescription and laches. More than 52 years have already reconveyance would be in the nature of a suit for quieting for the title which action is
elapsed from her discovery ofthe sale in 1950. imprescriptible. (David v. Malay, G.R. No. 132644, November 19, 1999)

Q: What are the essential requisites or elements for the allowance of the reopening or review of
a decree of registration? (1992 Bar)
A: The essential elements are: (1) that the petitionerhas a real or dominical right;(2)that he has
been deprived thereof through fraud; (3) that the petition is filed within one (1) year from the
Q: In 1965, Renren bought from Robyn a parcel of registered land evidenced by a duly executed issuance of the decree; and (4) that the property has not yet been transferred to an innocent
deed of sale. The owner presented the deed of sale and the owner's certificate of title to the purchaser. (Rublico vs. Orellana, G.R. No. L-26582, November 28, 1969; Libudan vs. Palma
Register of Deeds. The entry was made in the daybook and corresponding fees were paid as Gil, G.R. No. L-21163, May 17,1972)
evidenced by official receipt. However, no transfer of certificate of title was issued to Renren
because the original certificate of title in Robyn's name was temporarily misplaced after fire
partly gutted the Office of the Register of Deeds. Meanwhile, the land had been possessed by Q: Distinguish the Torrens system of land registration from the system of recording of evidence
Robyn's distant cousin, Mikaelo, openly, adversely and continuously in the concept of owner of title. (1994 Bar)
since 1960. It was only in April 1998 that Renren sued Mikaelo to recover possession. Mikaelo A: 1. The TORRENS SYSTEM OF LAND REGISTRATION is a system for the registration of
invoked: a) acquisitive prescription b) laches, asking that he be declared owner of the land. title to the land. Thus, under this system what is entered in theRegistry of Deeds, is a record of
Decide the case by evaluating these defenses. (1998 Bar) the owner's estate or interest in the land, unlike the system under the Spanish Mortgage Law or
A: the system under Sec. 194 of the Revised Administrative Code as amended by Act 3344 where
a) Renren's action to recover possession of the land will prosper. In 1965, after buying the land only the evidence of suchtitle is recorded. In the latter system, what is recorded is the deed of
from Robyn, he submitted the Deed of Sale to the Registry of Deeds for registration together conveyance from hence the owner's title emanated—and not the title itself.
with the owner's duplicate copy of the title, and paid the corresponding registration fees. Under 2. Torrens system of land registration is that which is prescribed in Act 496 (now PD 1529),
Sec. 56 of PD No. 1529, the Deed of Sale to Renren is considered registered from the time the which is either Judicial or quasijudicial. System or recording of evidence of title is merely the
sale was entered in the Day Book (now called the Primary Entry Book). For all legal intents and registration of evidence of acquisitions of land with the Register of Deeds, who annotates the
purposes, Renren is considered the registered owner of the land. After all, it was not his fault same on the existing title, cancels the old one and issues a new title based on the document
that the Registry of Deeds could not issue the corresponding transfer certificate of title. presented for registration.
Mikaelo's defense of prescription cannot be sustained. A Torrens title is imprescriptible. No title
to registered land in derogation of the title of the registered owner shall be acquired by Q: On March 27, 1980, Cornelio filed an application for land registration involving a parcel of
prescription or adverse possession. (Sec. 47, P.D. No. 1529) The right to recover possession of agricultural land that he had bought from Isaac identified as Lot No. 2716 with an area of one
registered land likewise does not prescribe because possession is just a necessary incident of (1) hectare. During the trial, Cornelio claimed that he and his predecessors-in-interest had been
ownership. in open, continuous, uninterrupted, public and adverse possession and occupation of the land for
b) Mikaelo's defense of laches, however, appears to be more sustainable. Renren bought the more than thirty (30) years. He likewise introduced in evidence a certification dated February
land and had the sale registered way back in 1965. From the facts, it appears that it was only in 12, 1981 citing a presidential declaration to the effect that on June 14, 1980, agricultural lands
1998 or after an inexplicable delay of 33 years that he took the first step asserting his right to of the public domain, including the subject matter of the application, were declared alienable
the land. It was not even an action to recover ownership but only possession of the land. By and disposable agricultural land. (1) If you are the judge, will you grant the application for land
ordinary standards, 33 years of neglect or inaction is too long and may be considered registration of Cornelio? (2) Can Cornelio acquire said agricultural land through acquisitive
unreasonable. As often held by the Supreme Court, the principle of imprescriptibly sometimes prescription, whether ordinary or extraordinary? (2014 Bar)
has to yield to the equitable principle of laches which can convert even a registered landowner's
claim into a stale demand. Mikaelo's claim of laches, however, is weak insofar as the element of A: 1. No, I will not grant the application. To be entitled to registration of the parcel of land, the
equity is concerned, there being no showing in the facts how he entered into the ownership and applicant must show that the land being applied for is alienable land. At the time of the filing of
possession of theland. the application, the land has not yet been declared alienable by the state. (Republic v. CA, G.R.
No. 144057, January 17, 2005) 2. Cornelio can acquire the land by acquisitive prescription only
Q: A owned a parcel of unregistered land located on the Tarlac side of the boundary between after it was declared part of alienable land by the state by possession for the required number of
Tarlac and Pangasinan. His brother B owned the adjoining parcel of unregistered land on the years for ordinary prescription, ten years possession in good faith with just title or extraordinary
Pangasinan side. A sold the Tarlac parcel to X in a deed of sale executed as a public instrument prescription by possession for thirty years without need of any other condition. (Art. 1134)
by A and X. After X paid in full the price of the sale, X took possession of the Pangasinan
parcel in the belief that it was the Tarlac parcel covered by the deed of sale executed by A and
X. After twelve (12) years, a controversy arose between B and X on the issue of the ownership
of the Pangasinan parcel, B claims a vested right of ownership over the Pangasinan parcel
because B never sold that parcel to X or to anyone else. On the other hand, X claims a vested
right of ownership over the Pangasinan parcel by acquisitive prescription, because X possessed
this parcel for over ten (10] years under claim of ownership. Decide on these claims, giving
your reasons. (1992 Bar)

A: At this point in time, X cannot claim the right of vested ownership over the Pangasinan
parcel by acquisitive prescription. In addition to the requisites common to ordinary and
extraordinary acquisitive prescription consisting of uninterrupted, peaceful, public, adverse and
actual possession in the concept of owner, ordinary acquisitive prescription for ten (10) years
requires (1) possession in good faithand (2) just title. "Just title" means that the adverse claimant
came into possession of the property through one of the modes recognized by law for the
acquisition of ownership but the grantor was not the owner or could not transmit any right.
(Art.1129) In this case, there is no "just title" and no "mode" that can be invoked by X for the
acquisition of the Pangasinan parcel. There was no constructive delivery of the Pangasinan
parcel because it was not the subject-matter of the deed of sale. Hence, B retains ownership of
the Pangasinan parcel ofland.

22
Q: Manuel was born on 12 March 1940 in a 1000-square meter property where he grew up Q: Bedrock Land & Property Development Corp. is a development company engaged in
helping his father, Michael, cultivate the land. Michael has lived on the property since the land developing and selling subdivisions, condominium units and industrial estates. In order to
was opened for settlement at about the time of the Commonwealth government in 193 5, but for replenish its inventories, it embarked on an aggressive land banking program. It employed
some reason never secured any title to the property other than a tax declaration in his name. He "scouts" who roam all over the Philippines to look for and conduct investigations on prospective
has held the property through the years in the concept of an owner and his stay was uncontested sites for acquisition and development, whether developed, semi-developed or raw land. The
by others. He has also conscientiously and continuously paid the realty taxes on the land. management of Bedrock asks you as the company counsel to prepare a manual containing a
Michael died in 2000 and Manuel - as Michael’s only son and heir -now wants to secure and summary of the pertinent laws and regulations relating to land registration and acquisition of
register title to the land in his own name. He consults you for legal advice as he wants to perfect title to land. The manual should include the following items: 1. What is the governing law? 2.
his title to the land and secure its registration in his name. 1. What are the laws that you need to What properties are not registrable? (2007 Bar)
consider in advising Manuel on how he can perfect his title and register the land in his name? A:
Explain the relevance of these laws to your projected course of action. 2. What do you have to 1. The governing law is the Land Registration Act as amended by Property Registration Decree.
prove to secure Manuel's objectives and what documentation is necessary? (2013 Bar) (Act 496 as amended by PD1529)
2. The following properties are not registrable: a. Properties ofthePublicDominion; b. Properties
A: 1. For purposes of confirmation of imperfect title, I will have to consider the provisions of for public use or public service; c. Inalienable lands of the public domain; d. Military
Commonwealth Act No. 141 as well as the Property Registration Decree or P.D. 1529 in giving installations, civil and quasi-public lands; and e. All lands not classified as alienable and
my advice to Manuel. C.A. No. 141 which amended the second Public Land Act (Act 2874) disposable.
provides that there are two requisites for judicial confirmation of imperfect title namely: a. open
and continuous, exclusive and notorious possession and occupation of the land by himself or Q: Republic Act 1899 authorizes municipalities and chartered cities to reclaim foreshore lands
through his predecessor in interest under bona fide claim of ownership since June 12, 1945; and bordering them and to construct thereon adequate docking and harbor facilities. Pursuant
b. the classification of the land as alienable and disposable land of the public domain. (Secretary thereto, the City of Cavite entered into an agreement with the Fil-Estate Realty Company,
of DENR v. Yap -G.R. NO. 167707, October 8, 2008) The Property Registration Decree or P.D. authorizing the latter to reclaim 300 hectares of land from the sea bordering the city, with 30%
1529 provides who may file an application for registration of title to the land under Section 14 of the land to be reclaimed to be owned by Fil- Estate as compensation for its services. The
thereof which provides that those who by themselves or their predecessors-in-interest have been Solicitor General questioned the validity of the agreement on the ground that it will mean
in open, continuous, exclusive and notorious possession and occupation of alienable and reclaiming land under the sea which is beyond the commerce of man. The City replies that this
disposable lands for the public domain under a bona fide claim of ownership since June 12, is authorized by RA. 1899 because it authorizes the construction of docks and harbors. Who is
1945 or earlier. Since Manuel’s father Michael had been in open, continuous, exclusive and correct? (2000 Bar)
notorious possession of the land since 1935, and that the land was declared alienable in the A: The Solicitor General is correct. The authority of the City of Cavite under RA 1899 to
same year, his possession has ripened into ownership which entitles him or his successor reclaim landis limitedtoforeshorelands.TheActdidnot authorize it to reclaim land from the sea.
Manuel to file an application for judicial confirmation of imperfect title. 2. I have to prove that "The reclamation being unauthorized, the City of Cavite did not acquire ownership over the
the land was already declared alienable at the time that Manuel or his father Michael took reclaimed land. Not being the owner, it could not have conveyed any portion thereof to the
possession of the land and that their possession was open, continuous, exclusive and notorious contractor.
which started prior to or on June 12, 1945 as required by C.A. No. 141. To prove the first
requisite, the original classification of the land as approved by the DENR Secretary (Republic v.
T.A. N. Properties 555 SCRA 4777 (2008) or in lieu thereof, a Certification by the DENR
Regional office attesting to the alienable and disposable character of the land (Republic v.
Serrano G.R. No. 183063, February 24, 2010) must have to be submitted. I also have to file
together with the application for registration all original muniments of title or copies thereof and
a survey plan of the land approved by the Bureau of Lands in accordance with Section 17 of
P.D. 1529. Manuel may also submit the tax declarations and tax payment receipts which have
been ruled to be good indications of possession in the concept of owner. (Republic vs. Candy
Maker, Inc. G.R. No. 163766, June 22, 2006)

Q: In 2015, O, the original registered owner of a 300-square meter property covered by Original
Certificate of Title (OCT) No. 0-1234, appointed F as its caretaker. A year after, while O was
abroad, F surreptitiously broke open O's safe and stole the duplicate copy of the said OCT. F
then forged a Deed of Absolute Sale and made it appear that O sold the property to him.
Consequently, F was able to have OCT No. 0-1234 cancelled and in lieu thereof, a new title,
Transfer Certificate of Title (TCT) No. T-4321, was issued in his name. A few months after, F
offered the property for sale to X. After conducting the required due diligence to verify the title
of F, and finding no occupant in the property during ocular inspection, X signed the contract of
sale, and thereupon, fully paid the purchase price. A few days later, X was able to obtain TCT
No. T-5678 under his name. When O discovered F's fraudulent acts upon his return in 2017, O
immediately filed a complaint for reconveyance against F and X, principally pointing out that F
merely forged his signature in the Deed of Absolute Sale purportedly made in F's favor and
thus, F could not have validly transferred the title thereof to X. Consequently, he sought the
return of the subject property to him. a. Will the prayer of O for the return of the subject
property prosper? Explain. b. Assuming that O could no longer recover the subject property in
view of X's registration thereof in his name, may a claim against the Assurance Fund pursuant
to the provisions of the Property Registration Decree be instituted? Explain. (2019 Bar)

A: a. No, the prayer of O will not prosper, because X purchased the land from an apparent
owner in good faith and for value. Section 53 of P.D. 1529 provides that in all cases of
registration procured by fraud, the owner may pursue all his legal and equitable remedies
against the parties to such fraud without prejudice, however, to the rights of any innocent holder
for value of a certificate of title. Based on jurisprudence it defined an innocent purchaser for
value as one who buys the property of another without notice that some other person has a right
to or interest therein and who then pays a full and fair price for it at the time of the purchase or
before receiving a notice of the claim or interest of some other persons in the property. b. Yes, a
claim against the Assurance Fund may be instituted. Section 95 of P.D. 1529 provides that a
person who, without negligence on his part, sustains loss or damage, or is deprived of land or
any estate or interest therein in consequence of the bringing of the land under the operation of
the Torrens system arising after original registration of land, through fraud or in consequence of
any error, omission, mistake or misdescription in any certificate of title or in any entry or
memorandum in the registration book, and who by the provisions of this Decree is barred or
otherwise precluded under the provision of any law from bringing an action for the recovery of
such land or the estate or interest therein, may bring an action in any court of competent
jurisdiction for the recovery of damages to be paid out of the Assurance Fund.

SUBSEQUENT REGISTRATION (2015 BAR)

Q: Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for registration of a parcel
of land which after due proceedings was granted by the RTC acting registration as land court.
However, before the decree of registration could be issued, the spouses Roman and the spouses
Cruz sold the lot to Juan. In the notarized deed of sale, the sellers expressly undertook to submit
the deed of sale to the land registration court so that the title to the property would be directly
issued in Juan's name.
1. Is such a stipulation valid?
2. Distinguish a direct attack from a collateral attack on a title.
3. If the title in Item XX.A is issued in the names of the original sellers, would a motion filed by
Juan in the same case to correct or amend the title in order to reflect his name as owner
considered be collateral attack? (2015 Bar)

A:
1. Yes, because when one who is not the owner of the property sells or alienates it and later the
seller or grantor acquires title, such title passes by operation of law to the buyer or grantee.(Art.
1434)
2. A direct attack on a title is one where the action filed is precisely for the purpose of pointing
out the defects in the title with a prayer that it be declared void. A collateral attack is one where
the action is not instituted for the purpose of attacking the title but the nullity of the title is
raised as a defense in a differentaction.
3. No, because Juan is not attacking the title but merely invoking his right as transferee. Hence,
it does not involve a collateral attack on thetitle.

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