ownership since time immemorial, citing Carino v.

Insular
Government where the US Supreme Court, through Justice
LAND TITLES AND DEEDS Holmes, held that:
(Registration, Issues and Remedies)
Justice Oswaldo D. Agcaoili “when, as far back as testimony or memory goes, the
Philippine Judicial Academy, Supreme Court land has been held by individuals under a claim of
(Author: Property Registration Decree and Related Laws private ownership, it will be presumed to have been
(Land Titles and Deeds); Environmental Reforms and held in the same way from before the Spanish
Rules of Procedure for conquest, and never to have been public land.”
Environmental Cases; and Reviewer in Property
Registration) REGISTRATION IS A PROCEEDING IN REM

Registration is a proceeding in rem

Being in rem, such proceedings require constructive
seizure of the res (land) as against all persons,
REGALIAN DOCTRINE including the state, through
(a) publication,
(b) (b) posting and
The Regalian doctrine dictates that all lands of the public (c) (c) service of notice.
domain belong to the State. (Leonidas v. Vargas, GR No.
201301, Dec. 14, 2017; Republic v. Bantigue, GR No. The purpose of publication is to (a) confer jurisdiction
162322, March 14, 2012) upon the court over the res, and (b) apprise the whole
world of the pending registration case so that they may
The doctrine has been consistently adopted under the assert their rights or interests in the land applied for.
1935, 1973, and 1987 Constitutions; it espouses that (Director of Lands v. Court of Appeals and Abistado, GR
all lands of the public domain belong to the State, and No. 102858, July 28, 1997; Sec. 23, PD No. 1529)
that, as a consequence thereof, any asserted right of
ownership over land necessarily traces back to the
State. (Republic v. 218418, Nov. 8, 2017; See also: PURPOSE OF REGISTRATION
Agcaoili, Property Registration Decree and Related
Laws) The dominant objectives of land registration are:

Doctrine reflected Art. XII, Sec. 2 of the Constitution:  to establish and certify to the ownership of an absolute
and indefeasible title to realty, and to simplify its
“Sec. 2. All lands of the public domain, waters, transfer;
minerals, coal, petroleum, and other mineral oils, all  to guarantee the integrity of land titles and to protect
forces of potential energy, fisheries, forests or timber, their indefeasibility once the claim of ownership is
wildlife, flora and fauna, and other natural resources established and recognized;
are owned by the State. With the exception of  to quiet title to land;
agricultural lands, all other natural resources shall not  to put a stop forever to any question of the legality of
be alienated.” the title;
Simply stated, “all lands of the public domain as well  to decree land titles that shall be final, irrevocable,
as all natural resources enumerated therein, whether and indisputable;
on public or private land, belong to the State.” (CJ  to relieve the land of the burden of known as well as
Puno) unknown claims;
 To minimize conflicting claims and stabilize land
Exception ownership

An exception to the rule would be any land in

possession of an occupant and of his REGISTRATION NOT A MODE OF ACQUIRING
predecessors in interest since time immemorial, OWNERSHIP BUT ONLY A PROCEDURE TO OBTAIN
for such possession would justify the EVIDENCE OF OWNERSHIP
presumption that the land had never been part of
the public domain or that it had been a private Registration is not a mode of acquiring ownership but is
property even before the Spanish conquest. (Oh merely a procedure to establish evidence of title over
Cho v. Director of Lands, G.R. No. 48321, Aug. realty.
31, 1946; Carino vs. Insular Government, Registration does not vest title.
212 U.S., 449; 53 Law. ed., 594.)
It does not give the holder any better title than what he
actually has. (Solid State Multi-Products Corporation v.
In Cruz v. DENR Secretary (G.R. No. 135385, Dec. 6, Development Bank of the Philippines, GR No. 83383, May
2000), seven (7) Justices said that the Regalian theory 6, 1991).
does not negate native title to lands held in private
 opposed. Notices were given and the case was set for
But the Torrens system does not furnish a shield for fraud hearing on May 27, 1960. On Sept. 18, 1961, the court
issued an order dismissing the application based on a
A certificate of title cannot be used to protect a usurper report from the LRC that a “homestead patent was
from the true owner or be used as a shield for fraud. already issued to Julio by the DL during the pendency of
Registration merely creates a prima facie presumption of the registration proceedings.”
the validity of the registration and must give way to Issue:
evidence to the contrary. (Jarantilla v. Jarantilla, GR No. Was the court divested of its jurisdiction by a subsequent
154586, Dec. 1. 2010; Vagilidad v. Vagilidad, GR No. administrative act consisting in the issuance of a
161136, Nov. 16, 2006, 507 SCRA 94) homestead patent by the DL over the same land subject
of the registration case?

JURISDICTION OVER LAND REGISTRATION CASES Ruling:

AND SUBSEQUENT PETITIONS No. A land registration court which has validly
acquired jurisdiction over a parcel of land for
Regional trial courts have exclusive jurisdiction over land registration of title thereto cannot be divested of said
registration cases and all petitions after original registration. jurisdiction by a subsequent administrative act
(Sec. 2, PD No. 1529) consisting in the issuance by the Director of Lands of
However, first level courts may be assigned by the SC to a homestead patent covering the same parcel of land.
hear and determine cadastral or land registration cases Proceedings for land registration are in rem, whereas
covering: proceedings for acquisition of homestead patent are
(a) Lots where there is no controversy or opposition, or not. A homestead patent, therefore, does not finally
(b) Contested lots the value of which does not exceed dispose of the public or private character of the land
P100,000. (Republic v. Bantigue, G.R. No. 162322, March as far as courts acting upon proceedings in rem are
14, 2012) concerned . (De los Angeles v. Santos, GR No.
Appeal is taken to the Court of Appeals. L-19615, Dec. 24, 1964)

The value of the property is ascertained in three ways:

First, by the affidavit of the claimant;

Second, by agreement of the respective claimants, if there DISTINCTION BETWEEN THE COURT’S GENERAL
are more than one; or, AND LIMITED JURISDICTION NOW ELIMINATED
Third, from the corresponding tax declaration of the real
property. (Sec. 34, BP 129)
Sec. 2 of PD No 1529 provides:
“Courts of First Instance (now Regional Trial
Facts: Courts) shall have exclusive jurisdiction over all
Bantigue Corp. filed with the RTC an application for applications for original registration of titles to
registration over Lot 8060 with an assessed value of lands, including improvements and interest
P14,920. The RTC motu proprio remanded the case to therein and over all petitions filed after original
the MTC since the assessed value of the land was only registration of title, with power to hear and
P14,920. After hearing, the MTC granted the application. determine all questions arising upon such
On appeal, Republic argued that the MTC did not acquire applications or petitions.”
jurisdiction since the selling price of the property per deed
of sale attached to the application was P160,000.

Issue: Sec. 2, PD 1529 has eliminated the distinction between the

Did the MTC properly acquire jurisdiction over the case? court’s general and limited jurisdiction.
Thus, a regional trial court has the authority to hear
Ruling: not only applications for original registration but also
Yes. The value of the land should be determined, not from on all petitions filed after original registration of title.
the selling price, but from the tax declaration which stated The amendment aims to avoid multiplicity of suits and
that the assessed value of the land was only P14,920, or simplify registration proceedings.
below the jurisdictional amount of P100,000 pertaining to The court can now hear and decide not only
first level courts. (Republic v. Bantigue, GR No. 162322, non-controversial cases but even contentious issues
March 14, 2012) which before were beyond its competence. (Lopez v.
Querubin, GR No. 155405, March 18, 2015; Lozada v.
Bracewell, G No. 179155, April 2, 2014; Averia v.
Caguioa, GR No. L-65129, Dec. 29, 1986)

Facts:
In 1959, Leonor filed an application for registration with
the CFI (RTC) of Rizal. The Director of Lands (DL)
However, in Bagayas v. Bagayas, GR No. 187308, Sept. 18, Registration means the entry of instruments or deeds
2013, the Court clarified: in book or public registry. Registration affects and
“(T)he prevailing rule is that proceedings under binds the land and operates as constructive notice to
Section 108 of PD 1529 are summary in nature, the world. (Aznar Brothers Realty Co. v. Aying, GR
contemplating corrections or insertions of mistakes No. 144773, May 16, 2005)
which are only clerical but certainly not controversial Registration of instruments affecting registered land
issues. Relief under said legal provision can only be must be done in the proper registry to affect the land
granted if there is unanimity among the parties, or that and bind third persons. (Aznar Brothers v. Aying, 458
there is no adverse claim or serious objection on the SCRA 496; Guaranteed Homes, Inc. v. Valdez, 577
part of any party in interest. This is now the SCRA 441)
controlling precedent, and the Court should no longer
digress from such ruling.” Constructive notice
“SEC. 52. Constructive notice upon registration. —
Every conveyance, mortgage, lease, lien, attachment,
LAND REGISTRATION AUTHORITY (LRA) order, judgment, instrument or entry affecting
registered land shall, if registered, filed or entered in
Functions of the LRA Administrator: the Office of the Register of Deeds for the province or
Issues decrees of registration city where the land to which it relates lies, be
Resolves cases elevated en consulta constructive notice to all persons from the time of
Exercises supervision and control over all clerks of such registering, filing, or entering.”
court in relation to land registration
Implements orders or decisions of registration courts Property registered under the Torrens system remains the
Verifies and approves subdivision and consolidation property of the person in whose name it is registered,
survey plans notwithstanding the execution of any deed of conveyance,
Extends assistance to the DAR in the implementation unless the corresponding deed is registered.
of the land reform program; Thus, if a sale is not registered, it is binding only
Extends assistance to registration courts in ordinary between the seller and the buyer, but it does not affect
and cadastral registration cases; and innocent third persons.
Acts as central repository of records relative to Registration shall be made in the office of the Register
original registration, including subdivision and of Deeds for the province or city where the land lies.
consolidation plans of titled lands. (Sec. 51, PD 1529; Bulaong v. Gonzalez, GR No.
156318, Sept. 5, 2011)
But the more important functions of the LRA are:
(1) Issues decrees of registration pursuant to final One of the principal features of the Torrens system of
judgments of the courts in land registration registration is that all encumbrances on the land shall be
proceedings and cause the issuance by the Register of shown, or at least intimated upon the certificate of title and
Deeds of the corresponding certificates of title; a person dealing with the owner of the registered land is
(2) Is the central repository of records relative to not bound to go behind the certificate and inquire into
original registration of lands titled under the Torrens transactions, the existence of which is not there intimated.
system, including subdivision and consolidation plans
of titled lands. (Rodriguez v. Court of Appeals, GR The act of registration shall be the operative act to
No. 184589, June 13, 2013) convey or affect the land insofar as third persons are
concerned, and in all cases the registration shall be
LRA: issuance of decree ministerial made in the office of the Register of Deeds for the
It is ministerial only in the sense that they act under province or city where the land lies. (Sec. 51, PD
the orders of the court and the decree must be in 1529)
conformity with the decision of the court. (Gomez v.
Court of Appeals, 168 SCRA 503) The act of registration shall be the operative act to convey
or affect the land insofar as third persons are concerned.
Exception: (Sec. 51, PD 1529)
But the duty ceases to be ministerial where the Thus, the preference given to a duly registered levy on
issuance of decree would result in duplication of titles attachment or execution over a prior unregistered sale
over the same parcel of land, and thereby destroy the is well settled. (Chua v. Gutierrez, GR No. 172316,
integrity, of the Torrens system of registration. Dec. 8, 2010)
(Rodriguez v. CA, supra; Angeles v. Sec. of Justice, A levy on attachment, duly registered, takes
GR No. 142549, March 9, 2010) preference over a prior unregistered sale. This
preference is not diminished even by the subsequent
registration of the prior sale (Uy v. Medina, GR No.
OFFICE OF THE 172541, Aug. 9, 2010)
REGISTER OF DEEDS
But registration does not add to validity of document
There shall be at least one Register of Deeds for each While registration operates as a notice of the
province and city. (Sec. 11, PD 1529) instrument to others, it does not add to its validity nor
 conveys an invalid instrument into a valid one as If the purpose of registration is merely to give notice,
between the parties. (Pascua v. Court of Appeals, 401 then questions regarding the effect or invalidity of
Phil. 350) instruments are expected to be decided after, not before,
Neither does registration amount to a declaration that registration.
the instrument recognizes a valid and subsisting
interest in the land. (Agricultural Credit v. Yusay, 107 It must follow as a necessary consequence that
Phil. 791) registration must first be allowed, and validity or effect
litigated afterwards. (Gurbax Singh v. Reyes, GR No.
L-3970. October 29, 1952)
A levy on attachment, duly registered, takes
preference over a prior unregistered sale. (Vilbar v.
Opinion, GR No. 176043, Jan. 15, 2014) WHEN ISSUE MAY BE ELEVATED BY THE RD
TO THE LRA
But where a party has knowledge of a prior
existing interest, as here, which is unregistered at However, when the RD is in doubt as to the proper step to
the time he acquired a right to the same land, his be taken with respect to any deed or other instrument
knowledge of that prior unregistered interest has presented to him for registration, he shall submit the
the effect of registration as to him. Knowledge of question to the LRA Administrator who shall, after notice
an unregistered sale is equivalent to registration. and hearing, enter an order prescribing the step to be taken
(Ching v. Enrile, GR No. 156076, Sept. 17, on the issue.
2008)
Any party in interest who does not agree with the RD
may also submit the question for resolution to the
Administrator, whose decision on the matter shall be
Between two buyers of the same land, priority is given to: binding upon all Registers of Deeds. This
administrative remedy must be resorted to before
 the first registrant in good faith; recourse to the courts. (Sec. 117, PD 1529; Almirol v.
 then, the first possessor in good faith; and RD, id.)
 finally, the buyer who in good faith presents the oldest
title. (Art. 1544, CC)

This rule, however, does not apply if the property is not INSTANCES WHERE THE REGISTER OF DEEDS
registered under the Torrens system. (Abrigo v. De Vera, MAY DEFER REGISTRATION
432 SCRA 544)
Where there are several copies of the title (as in
co-ownership) but only one is presented.
DUTY OF REGISTER OF DEEDS TO REGISTER
MINISTERIAL  Every copy of the duplicate original must contain
identical entries of the transactions, particularly
When all the requirements for registration of annotation voluntary ones, otherwise the whole Torrens
has been complied with, it is ministerial upon the Register system would cease to be reliable.
of Deeds to register the annotation. The Register of Deeds  The integrity of the Torrens system may be
is not authorized "to make an appraisal of proofs outside of adversely affected if an encumbrance, or outright
the documents sought to be registered." (Limso v. PNB, conveyance, is annotated on only one copy and
GR No. 158622, Jan. 27, 2016) not on the others. (Ligon v. Court of Appeals,
GR No. 107751, June 1, 1995)
The Register of Deeds may not validly refuse to register a
deed of sale presented to him for registration
. Where there is a pending case involving the character of
Whether a document is valid or not, is not for the the land or validity of the conveyance.
Register of Deeds to determine; this function belongs In such case, registration may well await the outcome of
properly to a court of competent jurisdiction. the case; meantime the rights of the interested parties
Indeed, a RD is entirely precluded by Section 117 of PD could be protected by the filing of a notice of lis pendens.
No. 1529 from exercising his personal judgment and (Balbin v. Register of Deeds, GR No. L-20611, May 8,
discretion when confronted with the problem of whether 1969)
to register a deed or instrument on the ground that it is
invalid.” (Almirol v. RD of Agusan, GR No. L-22486, Where required certificates or documents are not submitted,
March 20, 1968) such as –
DAR clearance, copy of latest tax declaration,
certificate of payment of documentary stamp tax and
The law on registration does not require that only valid capital gains tax, BIR certificate authorizing
instruments shall be registered. registration (CAR), tax clearance certificate of real
estate taxes, certificate of payment of transfer tax,
 secretary’s certificate and articles of incorporation (in (b) lands of the public domain, or the public lands as
case of a corporation), HLURB registration papers provided by the Constitution, but with the limitation
and license to sell (in case of a subdivision project), that the lands must only be agricultural.
TIN, etc.
Consequently, lands classified as forest or timber, mineral,
or national parks are not susceptible of alienation or
PRIMARY CLASSIFICATION OF LANDS OF disposition unless they are reclassified as agricultural.
THE PUBLIC DOMAIN

The 1987 Constitution classifies lands of the public domain The classification of public lands is an exclusive
into: prerogative of the executive department, and not the courts.
 Agricultural lands,
 Forest or timberlands, The President has the exclusive prerogative to classify
 Mineral lands, and or reclassify public lands into alienable or disposable,
 National parks. mineral or forest lands. (DENR Secretary v. Yap, GR
 Alienable lands of the public domain shall be No. 167707, Oct. 8, 2008)
limited to agricultural lands.
In the absence of classification, the land remains as
unclassified land until it is released for disposition.
Classification of lands under the 1935, 1973 and (Republic v. Fabio, GR No. 159589, Dec. 23, 2008)
1987Constitutions The DENR Secretary, as the alter ego of the President,
The 1935 Constitution classified lands of the public is the only other official authorized to approve a land
domain into agricultural, forest or timber. classification.
The 1973 Constitution provided the following
divisions: agricultural, industrial or commercial, Thus, until the Executive Department exercises its
residential, resettlement, mineral, timber or forest and prerogative to classify or reclassify lands, or until Congress
grazing lands, and such other classes as may be or the President declares that the State no longer intends
provided by law. the land to be used for public service or for the
The 1987 Constitution reverted to the 1935 development of national wealth, the Regalian Doctrine is
Constitution classification - agricultural, forest or applicable. (Republic v. Nicolas, GR No. 181435, Oct. 2,
timber, with one addition: national parks.(Republic v. 2017)
AFP Retirement and Separation Benefits System, GR
No. 180463, Jan. 16, 2013)
To show that the land is A and D, the application for
original registration must be accompanied by:
SECONDARY CLASSIFICATION OF (1) CENRO or PENRO Certification that the
AGRICULTURAL LANDS land is A and D; and
(2) Certified true copy of the original
The Public Land Act (CA 141) remains the existing classification approved by the DENR Secretary .
general law governing the classification and disposition of (Republic v. Ocol, GR No. 208350, Nov. 14, 2016; La
lands of the public domain. For purpose of administration Tondeña v. Republic, GR No. 194617, Aug. 5, 2015;
and disposition, A and D lands may be further classified Republic v. Bantigue, GR No. 162322, March 14,
according to the use or purpose to which they may be 2012; Republic v. T.A.N. Properties, GR No. 154953,
devoted into: June 26, 2008)
 Agricultural;
 Residential, commercial, industrial, or for similar Absent such classification, land remains unclassified until
purposes released and rendered open to disposition. (DENR
 Educational, charitable, or other similar purposes; and Secretary [Link], GR No. 154953, June 26, 2008):
 Reservations for townsites and for public and
quasi-public uses. (Sec. 9, CA No. 141).

PUBLIC LAND DISTINGUISHED FROM

CATEGORIES OF ALIENABLE AND DISPOSABLE GOVERNMNENT LAND
LANDS
 Public land is equivalent to public domain and
Alienable and disposable (A and D) lands of the State fall includes only such land as may be the subject of
into two categories, to wit: disposition.
 Government land and public land are not
(a) patrimonial lands of the State, or those classified as synonymous – the first includes not only the
lands of private ownership under Article 425 of second but also other lands already reserved or
the Civil Code, without limitation; and devoted to public use or subject to a private right.
 In sum, the government owns real estate which is
part of “public lands” and other real estate which
 is not a part thereof. (Montano v. Insular utilization is subject to the full control and
Government, 12 Phil. 572) supervision of the State. (Republic v. CA and
Dela Rosa, 160 SCRA 228; La Bugal-B’laan v.
Ramos, 445 SCRA 1)
NON-REGISTRABLE PROPERTIES
Possession of mineral land, no matter how long, does not
Lands for public use or public service confer possessory rights. (Atok Big Wedge v. CA, 193
SCRA 71)
Those intended for public use, such as roads,
canals, rivers, torrents, ports and bridges, etc.;
Those which, without being for public use, are
intended for some public service or for the National parks:
development of the national wealth. (Art. 420, Land reserved for a national park cannot be registered.
CC) Where a certificate of title covers a portion of
land within the area reserved for park purposes,
These properties are outside the commerce of men and the title should be annuled with respect to that
therefore not subject to private appropriation. portion. (Palomo v. CA, 266 SCRA 392)
(Martinez v. Court of Appeals, 56 SCRA 647) For instance, any portion of the Tiwi Hot
Spring National Park cannot be disposed of
Rivers, waters under the Public Land Act or Property
Registration Decree.
Rivers and their natural beds, lakes, all categories of
surface waters, atmospheric or subterranean ground Military or naval reservation:
waters, and seawater all belong to the State.
Waters found, or rain water falling, on private lands Land inside a military (or naval) reservation, like the
also belong to the State. (PD 1067, Water Code) Fort Bonifacio Military Reservation, cannot be the
object of registration.
Forests:
Unless it had been withdrawn from the
It is "a mass of lands of the public domain which has reservation, reclassified and declared as
not been the subject of the present system of disposable public land, its status as part of a
classification for the determination of which lands are military reservation remains, even if incidentally
needed for forest purpose and which are not.“ (Sec. it is devoted for a purpose other than as a military
3(a), PD 705; DENR v. Yap, GR No. 167707, Oct. camp or for defense. (Republic v. Southside
8, 2008) Homeowners Association, 502 SCRA 587)

Unless the land is released as A and D, the rules on Foreshore lands:

confirmation of title do not apply. (Amunategui v.
Director of Forestry, G.R. No. L-27873, Nov. 29, A foreshore land is that “strip of land that lies between
1983) the high and low water marks and that is alternately
wet and dry according to the flow of the tide,” or "that
part of the land adjacent to the sea which is alternately
Mangrove swamps: covered and left dry by the ordinary flow of the tides.”
Foreshore lands are inalienable unless declared to be
Mangrove swamps or manglares are forestal and not A and D portions of the public domain. (Republic v.
alienable agricultural land. CA and RREC, GR No. 105276, Nov. 25, 1998)

BFAR has no jurisdiction to dispose of swamplands or Land invaded by the sea is foreshore land and
mangrove lands while such lands are still classified as becomes part of the public domain. (Republic v.
forest lands. CA and Morato, 281 SCRA 639)

Mangrove swamps form part of the public forests and To qualify as foreshore land, it must be shown that the
therefore not subject to disposition until they are first land lies between the high and low water marks and is
classified as alienable agricultural land. (Director of alternately wet and dry according to the flow of the
Forestry v. Villareal, 170 SCRA 598) tide. (Republic v. Leonor, G.R. No. 161424, 23
December 2009)
Mineral lands:
The land's proximity to the waters alone does not
Mineral land means any area where mineral resources automatically make it a foreshore land. The land
are found. remained dry even during high tide, hence, it is
private land. (Almagro v. Kwan, GR No. 175806,Oct.
Mineral lands and resources are owned by the 20, 2010)
State and their exploration, development and
 The reserved land shall thereafter remain until
Puno, J., concurring opinion in Republic v. RREC: otherwise provided by law or proclamation. (Republic,
rep. by Mindanao Medical Center v. CA, 73 SCRA
“The CCP Complex is the only area in the Philippines 146)
that is fully devoted to the growth and propagation of
arts and culture. Indeed, it has indeed emerged as a
dynamic force in the promotion of the country's National parks
artistic and cultural heritage and the development of National Parks of Philippines (Filipino: Pambansang
new and modern art forms. Through the years, it has Liwasan ng Pilipinas) are places of natural or
helped raise the Filipino consciousness to our historical value designated for protection and
nationhood, and in the process, inculcated love for our sustainable utilization by the DENR under the
country.” National Integrated Protected Areas System Act
(1992).
As of 2012, there are 240 protected areas in the
Philippines, of which 35 have been classified as
Lakes: National Parks.

Lakes are neither agricultural nor disposable lands of

the public domain; hence, free patents and certificates
of title covering portions of the lake are a nullity. Reclaimed lands:

But areas beyond its natural bed, or the ground Submerged areas form part of the public domain; only
covered by the waters at their highest ordinary when reclaimed from the sea can these submerged
depth during the dry season, may be registered. areas be classified as agricultural lands.
(Republic v. CA and Del Rio, 131 SCRA 532)
The LLDA has exclusive authority to issue Once reclaimed the government may then
permits for the use of the waters of the Laguna de officially classify these lands as A and D, and
Bay. declare these lands no longer needed for public
service. Only then can these lands be considered
as A and D lands and within the commerce of
Rivers and creeks: men. (Chavez v. PEA, 384 SCRA 152)
Rivers and creeks are parts of the public domain for
public use and not capable of appropriation or
acquisition by prescription. Absent two official acts – (a) a classification that
The ownership of a stream may not be acquired submerged areas are A and D, and (b) a declaration that
under a public land patent and the issuance of the they are not needed for public service - lands reclaimed
corresponding certificate of title does not change from the sea are inalienable.
its public character. (Mateo v. Moreno, 28 The Public Estates Authority (PEA), renamed as
SCRA 796) Philippine Reclamation Authority (PRA), is the
A dried up creek is property of public dominion. agency authorized to undertake reclamation projects.
(Fernando v. Acuña, GR No. 161030, Sept. 14,
2011)
Protected areas:
Protected areas: RA No. 7586 provides for the establishment and
RA No. 7586 provides for the establishment and management of a national integrated protected areas
management of a national integrated protected areas system referred to as the “National Integrated
system referred to as the “National Integrated Protected Areas System (NIPAS) Act of 1992”.
Protected Areas System (NIPAS) Act of 1992”.
Protected areas are necessary to maintain Protected areas are necessary to maintain
essential ecological processes and life-support essential ecological processes and life-support
systems, to preserve genetic diversity, to ensure systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein. sustainable use of resources found therein.
A protected area, like the Bataan Natural Park, is A protected area, like the Bataan Natural Park, is
inalienable. inalienable.

Reservations for public and semi-public purposes:

DISPOSITION OF PROPERTY BY THE STATE
The President may designate by proclamation any
tract of land of the public domain for the use of the The State possesses not only the right to determine (1)
Republic or its branches, e.g., public or semi-public what lands may or may not be the subject of disposition, (2)
uses like highways, hydroelectric sites, railroads, the size thereof and (3) procedure for the acquisition of title
irrigation systems, etc. which shall be inalienable. to land. (Sec. 3-4, Art. XII, Constitution)
 For the purpose, the State has adopted the policy of LAND REGISTRATION:
multiple land use to the end that the country’s natural HISTORICAL FLASHBACK
resources may be rationally explored, developed,
utilized and conserved, and to maintain a rational and (First) Public Land Act (Act No. 926)
orderly balance between socio-economic growth on  Passed pursuant to the Philippine Bill of 1902.
one hand and environmental protection on the other.  Prescribed rules for homesteading, selling and leasing
portions of the public domain.
 Provided for the issuance of patents to native settlers,
for the establishment of townsites, and for
Sec. 4, Art. XII, Constitution, provides: confirmation of Spanish concessions and grants.
“The Congress shall, as soon as possible, determine  Operated on the assumption that the government’s
by law the specific limits of forest lands and national title to public land sprung from the Treaty of Paris
parks, marking clearly their boundaries on the ground. between Spain and the United States.
Thereafter, such forest lands and national parks shall
be conserved and may not be increased nor
diminished, except by law. The Congress shall (Second) Public Land Act (Act No. 2874)
provide, for such period as it may determine, Passed in 1919 under the Jones Law.
measures to prohibit logging in endangered forests It was more comprehensive in scope but limited the
and watershed areas.” (Sec. 4, id.) exploitation of agricultural lands to Filipinos and
Americans and citizens of other countries which gave
Filipinos the same privileges.
Sec. 5, Art. XII, Constitution, provides: After the passage of the 1935 Constitution, Act No.
“The State, subject to the provisions of this 2874 was amended in 1936 by CA No. 141, the
Constitution and national development policies and present Public Land Act which is essentially the same
programs, shall protect the rights of indigenous as Act No. 2874.
cultural communities to their ancestral lands to ensure
their economic, social, and cultural well-being.
The Congress may provide for the applicability of (Present) Public Land Act (CA No. 141)
customary laws governing property rights or relations Approved on November 7, 1936, it applies to all lands
in determining the ownership and extent of ancestral of the public domain that have been officially
domain.” (Sec. 5, id.) delimited and classified.
Provides for the different modes of government grant,
Sec. 3, Art. XII of the Constitution provides: e.g., homestead, sale, free patent (administrative
“Taking into account the requirements of conservation, legalization), and reservations for public and
ecology, and development, and subject to the semi-public purpose.
requirements of agrarian reform, the Congress shall A certificate of title issued pursuant to a public land
determine, by law, the size of lands of the public patent has the same validity and efficacy as a
domain which may be acquired, developed, held, or certificate of title issued through ordinary registration
leased and the conditions therefor.” proceedings.

“Private corporations or associations may not hold Land Registration Act (Act No. 496)
such alienable lands of the public domain except by  Approved on November 6, 1902, but became effective
lease, for a period not exceeding twenty-five years, on January 1, 1903, it established the Torrens system.
renewable for not more than twenty-five years, and  The “Court of Land Registration” had exclusive
not to exceed one thousand hectares in area. jurisdiction over all applications for registration.
 Citizens of the Philippines may lease not more  Registration under the system did not create a title; it
than five hundred hectares, or acquire not more simply confirmed a title already vested.
than twelve hectares thereof by purchase,  Proceedings under the Act were in rem,
homestead, or grant.” (Sec. 3, id.)  Final decrees were regarded as indefeasible and could
not be reopened except upon a petition for review
Area limitations apply only to public lands within one year after entry of decree.
As can be clearly gleaned from its language, Section 3,
Article XII applies only to lands of the public domain. Slide 93
Private lands are, therefore, outside of the prohibitions
and limitations stated therein. Thus, the 12-hectare Cadastral Act (Act No. 2259)
limitation on the acquisition of lands under Section 3,  Enacted on February 11, 1913, it is a compulsory
Article XII of the 1987 Constitution has no registration proceeding initiated by the government to
application to private lands. (Republic v. Rovency “settle and adjudicate” title to lands.
Realty and Development Corporation, GR No. 190817,  The Director of Lands gives notice to all persons of
Jan. 10, 2018) the date of survey for them to inform the surveyors of
the boundaries of their claims.
 Only unregistered lands may be the subject of
survey.
 All conflicting interests shall be adjudicated by the “Although adverse, open, continuous, and notorious
court and in the absence of successful claimants, the possession in the concept of an owner is a conclusion
property is declared public land. of law to be determined by courts, it has more to do
with a person's belief in good faith that he or she has
just title to the property that he or she is occupying. It
is unrelated to the declaration that land is alienable or
Property Registration Decree (PD No. 1529) disposable. A possessor or occupant of property
Approved June 11, 1978, the Decree supersedes and may, therefore, be a possessor in the concept of an
codifies all laws relative to land registration. owner PRIOR to the determination that the property is
It substantially incorporates the substantive and alienable and disposable agricultural land.” (Republic
procedural requirements of Act No. 496 but includes v. Roasa, supra)
judicial confirmation of imperfect titles under its
Section 14(1).
It provides remedies for fraudulent registration,
including an Assurance Fund to answer for damages.
BASIC PRINCIPLES UNDER SEC. 14(1)

Requisites for original registration

REGISTRATION UNDER (a) Declaration that the (agricultural) land is alienable
SECTION 14(1), PD 1529 and disposable at the time of the application for
registration, and
WHO MAY APPLY (b) Open and continuous possession in the concept of
Under Sec. 14(1), PD 1529 an owner since June 12, 1945 or earlier.
“Those who by themselves or their The computation of the period may include the period
predecessors-in-interest have been in open, continuous, of adverse possession prior to the declaration that land
exclusive and notorious possession and occupation of is alienable and disposable. (Republic v. Roasa, GR
alienable and disposable lands of the public domain No. 176022, Feb. 2, 2015)
under a bona fide claim of ownership since June 12,
1945, or earlier.”
The fixed date of June 12, 1945 qualifies possession
and occupation, not land classification, as alienable
and disposable.
Requisites The agricultural land subject of the application
 The land is an agricultural land already classified as needs only to be classified as alienable and
alienable and disposable (A and D) land “at the time disposable as of the time of the application,
the application for registration is filed.” (Malabanan v. provided the applicant's possession and
Republic, GR No. 179987, April 29, 2009 and Sept. 3. occupation of the land dates back to June 12,
2013; Mercado v. Valley Mountain Mines, GR No. 1945, or earlier.” (Republic v. Sogod
141019, Nov. 23, 2011; Victoria v. Republic, GR No. Development Corp., GR No. 175760, Feb. 17,
179673, June 8, 2011) 2016; Malabanan v. Republic, supra)
 The applicant must have been in open, continuous,
exclusive and notorious possession and occupation Proof to show that land is A and D
(OCENPO) of the land, under a bona fide claim of  Applicant must conclusively establish the existence of
ownership. a positive act of the government such as a presidential
 Since June 12, 1945, or earlier (Espiritu v. Republic, proclamation or an executive order, or an
GR No. 219070, June 21, 2017; Republic v. Local administrative action, investigation reports of the
Superior, GR No. 185603, Feb.10,2016) Bureau of Lands investigator or a legislative act or
statute. Specifically, he must submit the following:
 CENRO certification that the land is A and D; and
Rationale of the rule that the land need be classified as A  Certified copy of the original classification approved
and D already at the time the application is filed: by the DENR Secretary. (Gaerlan v. Republic, GR No.
“ If the State, at the time the application is made, has 192717, March 12, 2014)
not yet deemed it proper to release the property for  The rule is that the above-cited proof must be
alienation or disposition, the presumption is that the submitted during the trial. (Republic v. T.A,N.
government is still reserving the right to utilize the Properties, supra)
property; hence, the need to preserve its ownership in
the State irrespective of the length of adverse Exceptions
possession even in good faith.” (Malabanan v.  In Republic v. Serrano, GR No. 183063, Feb. 24,
Republic, supra). 2010, Court held that a DENR Regional
Technical Director's certification, which is
Possession prior to classification of land as A and D is annotated on the subdivision plan submitted in
counted in determining length of possession evidence, constitutes substantial compliance with
the legal requirement.
  In Republic v. Vega, GR No. 177790, Jan. 17,  Declared by competent authority as “no longer
2011, the Court emphasized that the present intended for public use or public service.” (Art. 422,
ruling on substantial compliance applies pro hac Civil Code)
vice, i.e., the exception shall only apply to  Only when such land has become patrimonial can the
applications for registration pending before the prescriptive period for the acquisition of the property
trial court PRIOR to its decision in this case. begin to run. (Malabanan v. Republic, supra)
 Note: In Espiritu v. Republic, GR No. 219070,
June 21, 2017, the Court stressed that he rule on When possession is considered in good faith and with just
strict compliance enunciated in Republic v. title
T.A.N. Properties REMAINS to be the governing The good faith of the possessor consists in the
rule in land registration cases. reasonable belief that the person from whom he
received the thing was the owner thereof, and could
 In Llanes v. Republic, GR No. 177947, Nov. 27, transmit his ownership. (Art. 1127, Civil Code)
2008, the Court accepted the corrected CENRO For purposes of prescription, there is just title when
Certification even though it was submitted by the the adverse claimant came into possession of the
Spouses Llanes only during the appeal in the CA. property through one of the modes recognized by law
 In Republic v. San Mateo, GR No. 203560, Nov. for the acquisition of ownership or other real rights,
10, 2014, the Court allowed the application of but the grantor was not the owner or could not
substantial compliance because there was no transmit any right. (Art. 1129, ibid.)
opportunity for the registrant to comply with the
Court's ruling in T.A.N. Properties, the trial court Prescription distinguished from laches:
and the CA already having decided the case prior  Prescription is concerned with the fact of delay, laches
to the promulgation of T.A.N. Properties. is concerned with the effect of delay.
 Prescription is a matter of time; laches is principally a
Possession is - question of inequity of permitting a claim to be
enforced, this inequity being founded on some change
 Open when it is patent, visible, apparent, in the condition of the property or the relation of the
notorious and not clandestine; parties.
 Continuous when uninterrupted, unbroken and  Prescription is statutory; laches is not. Laches applies
not intermittent or occasional; in equity, whereas prescription applies at law.
 Exclusive when the adverse possessor can show  Prescription is based on a fixed time, laches is not.
exclusive dominion over the land and an (Lacamen v. Laruan, GR No. L-27088, July 31, 1975.
appropriation of it to his own use and benefit;
and
 Notorious when it is so conspicuous that it is Art. 1113 of the CC is the legal foundation for the
generally known and talked of by the public or application of Sec. 14(2), PD No. 1529:
the people in the neighborhood. (Bienvenido v.
Gabriel, GR No. 175763, April 11, 2012) “All things which are within the commerce of men are
susceptible of prescription, unless otherwise
provided.”
“Property of the State or any of its subdivisions not
patrimonial in character shall not be the object of
REGISTRATION UNDER prescription.”
SECTION 14(2), PD 1529
Concept of possession for purposes of prescription
Under Sec. 14(2)  Possession must be that of owner, and it must be
“Those who have acquired ownership of private lands public, peaceful and uninterrupted. Acts of a
by prescription under the provisions of existing laws” possessory character by virtue of a license or
mere tolerance are not sufficient.
Rule on prescription under the Civil Code:  The present possessor may complete the period
Ordinary prescription – 10 years in good faith for prescription by tacking his possession to that
Extraordinary prescription – 30 years of his grantor or predecessor-in-interest.
 It is presumed that the present possessor who was
But land must be patrimonial property for prescription to also the possessor at a previous time has
apply. (Malabanan v. Republic, supra) continued to be in possession during the
intervening time. (Art. 1138, Civil Code)

Land of the public domain becomes private or patrimonial

property when it is - BASIC PRINCIPLES UNDER SEC. 14(2)
 Classified as “alienable and disposable” agricultural
land, and Yu Chang v. Republic, GR No. 171726, Feb. 23, 2011
 "[E]ven if possession of the alienable public land As held in Republic v. Rovency Realty, GR No. 190817,
commenced on a date later than June 12, 1945, and Jan. 10, 2018:
such possession being open, continuous and exclusive, Sec. 14(1) refers to registration of title on the basis of
then the possessor may have the right to register the possession, while Sec. 14(2) entitles the applicant to the
land by virtue of Section 14(2) of the Decree.” registration of his property on the basis of prescription.
The 10- or 30-year period of prescription under Registration under the first mode is extended under
Section 14(2) commences to run only from the time the aegis of the PD No. 1529 and the Public Land Act
the land, separately from being declared alienable and (PLA), while the second mode is made available both
disposable, is declared as patrimonial property of the by PD No. 1529 and the Civil Code. (See also: Canlas
State. v. Republic, GR No. 200894, Nov. 10, 2014)

Republic v. Gielczyk, GR No. 179990, Oct. 23, 2013

 Properties classified as alienable public land may be
converted into private or patrimonial property by (1) Under the Regalian Doctrine, all lands of the public
reason of open, continuous and exclusive possession domain belong to the State and are inalienable. Lands that
of at least 30 years. are not clearly under private ownership are also presumed
 to belong to the State and, therefore, may not be alienated
 Such properties become patrimonial property with a or disposed;
declaration that (1) these are alienable or disposable, (2) The following are excepted from the general rule:
and (2) the property is already patrimonial or no (a) If the mode is judicial confirmation of
longer retained for public use, public service or the imperfect title under Section 48 (b) of the Public
development of national wealth. Land Act, the agricultural land subject of the
application needs only to be classified as
Republic v. East Silverlane, GR No. 186961, Feb. 2012 alienable and disposable as of the time of the
 Sec. 14(2) covers "private property” whereas application, provided the applicant's possession
 Sec. 14(1) covers "alienable and disposable land." and occupation of the land dated back to June 12,
 Under Sec. 14(2), the status of the property as 1945, or earlier.
patrimonial must be first established.
 The period of possession preceding the classification (b) If the mode of acquisition is prescription,
of the property as patrimonial cannot be considered in whether ordinary or extraordinary, proof that the land
determining the completion of the prescriptive period. has been already converted to private ownership prior
Possession for purposes of prescription must be "in to the requisite acquisitive prescriptive period is a
the concept of an owner, public, peaceful and condition sine qua non in observance of the law
uninterrupted". (Article 1113, Civil Code) that property of the State
not patrimonial in character shall not be the object of
Republic v. Sese, GR No. 185092, June 4, 2014 prescription.
 The 30-year period of prescription under Section 14 (2)
of PD 1529 only begins to run from the moment the  Without satisfying the requisite character and period
property has been converted into patrimonial . of possession since June 12, 1945, or earlier, the land
 The period of possession preceding the classification cannot be considered ipso jure converted to private
of the property as patrimonial cannot be considered in property even upon the subsequent declaration of it as
determining the completion of the prescriptive period. alienable and disposable. Prescription never began to
(See also: Tan v. Republic, GR No.193443, April 16, run against the State, such that the land has remained
2012) ineligible for registration under Section 14 (1) of the
PRD.
DIFFERENCES BETWEEN SECS. 14(1) AND 14(2)  Likewise, the land continues to be ineligible for land
Sec. 14(1) registration under Section 14 (2) of the PRD unless
Sec. 14(2) Congress enacts a law or the President issues a
 Registration is based on possession proclamation declaring the land as no longer intended
 Governed by PD 1529 (Property Registration Decree) for public service or for the development of the
and CA 141 (Public Land Act) national wealth.
 Period of possession is without regard to the Civil
Code
 Registration is based on prescription REGISTRATION UNDER
 Governed by PD 1529 (Property Registration Decree) SECTION 14(3), PD 1529
and Civil Code
 30-year period involves extraordinary prescription
under the Civil Code, particularly Art. 1113 in relation
to Art. 1137 Under Sec. 14(3)

“Those who have acquired ownership of private lands

or abandoned river beds by right of accession or
accretion under the existing laws.”
  To compensate him for his burdens arising
Ownership of abandoned river beds by right of accession: from the subjection of his land to
encumbrances or legal easements; and
River beds which are abandoned through the natural  Owner is in the best position to cultivate it.
change in the course of the waters ipso facto belong to (Cortex v. City of Manila, 10 Phil. 567)
the owners whose lands are occupied by the new
course in proportion to the area lost. However, the Requisites for the application Art. 457:
owners of the adjoining lands shall have the right to  That the deposit be gradual and imperceptible;
acquire the same by paying the value thereof. The  That it be made through the effects of the current
reason is that they are in the best position to utilize the of the water; and
old river bed which is adjacent to their property. (Art.  That the land where accretion takes place is
461, Civil Code) adjacent to the banks of rivers.

In the absence of evidence that the change in the course of

Ownership of abandoned river bed the river was sudden or that it occurred through avulsion,
Q. A and B each own land on opposite sides of a river. the presumption is that the change was gradual and caused
The river changed its course, passing though the land of by accretion and erosion.
C. Who owns the abandoned river bed?

A. C, to compensate him for his loss. The increment does not automatically become registered
land just because the lot which receives such accretion is
Q. But suppose that two owners, C and D, lost portions covered by a Torrens title.
of their lands, who owns the river bed?
 The increment must be placed under the operation of
A. C and D, in proportion to the area lost. the Torrens system. (Cureg v. IAC, 177 SCRA 313)
 The owner must register the accretion under the
Torrens system, otherwise the alluvial property may
be subject to acquisition through prescription by third
The owners of the affected lands may not compel the persons. (Grande v. Court of Appeals, 5 SCRA 524)
government to restore the river to its former bed, nor can
they restrain the government from taking steps to revert the A riparian owner does not acquire the additions to his land
river or stream to its former courts. caused by special works designed to bring about
But the owners may themselves undertake the accretion.
reversion of the river to its original course, but upon a
permit issued by the government. (Art. 58, PD 1067, Private persons cannot reclaim land from water bodies
Water Code) belonging to the public domain without permission
The ownership of the abandoned river bed is from government authorities.
transferred ipso facto to the owners whose lands are
occupied by the new course of the river “to And even if such reclamation is authorized, the
compensate for the loss of the land occupied by the reclaimed land does not automatically belong to the
new bed.” party reclaiming it as the land may still be the subject
to the terms of the authority granted.
Requisites for the application of Art. 461:
 The change must be sudden in order that the old river
may be identified; The alluvial deposits must NOT be:
 The change of the course must be more or less
permanent, and not temporary overflooding of  artificial and man-made
another’s land.  the result of the transfer of the dike towards the river
 The change of the river must be a natural one, i.e., and encroaching upon it
caused by natural forces (and not by artificial means)  caused by special works expressly intended or
 There must be a definite abandonment by the designed to bring about accretion
government;  caused by special works expressly intended or
 The river must continue to exist, i.e., it must not designed to bring about accretion
completely disappear.  portions of the bed of the river (Republic v. Court of
Appeals and Tancinco, GR No. L-61647, Oct. 12,
Ownership by right of accretion along river banks 1984)
Under Art. 457, CC, to the owners of land adjoining
the banks of rivers belong the accretion which they As held in City Mayor of Parañaque City v. Ebio, GR No.
gradually receive from the effects of the current of the 178411, June 23, 2010, alluvial deposits along the banks of
waters. Justification: creeks, streams and lakes do not form part of the public
 To offset the owner’s loss for possible domain as the alluvial property but automatically belongs
erosion of his land due to the current of the to the owner of the estate to which it may have been added.
river;
 But the owner of the adjoining property must register (PRA) under EO No. 380, dated October 26, 2004,
the same under the Torrens system; otherwise, the like the Freedom Islands in the offshore areas of
alluvial property may be subject to acquisition Manila Bay.
through prescription by third persons.

Alluvial formation along the seashore is part of the public Reservations for a specific public purpose
domain and, therefore, not open to acquisition by adverse In Republic, rep. by the Mindanao Medical Center v.
possession. Court of Appeals, Lot No. 1176-B-2, a reservation
“Art. 4, Lands added to the shore by accretion for medical site of the Mindanao Medical Center
and alluvial deposits caused by the action of the sea, (MMC), was ordered registered in favor of MMC.
form part of the public domain. When they are no Respondent Alejandro de Jesus appealed, claiming
longer washed by the waters of the sea, and are not that the lot was the subject of a sales award earlier
necessary for purposes of public utility, or for the issued to his father by the Director of Lands which
establishment of special industries, or for the ripened into a vested right.. The Supreme Court
coast-guard service, the Government may declare disagreed and ruled that Proclamation No. 350
them to be the property of the owners of the estate legally effected a land grant to the MMC validly
adjacent thereto and as an increment thereof.” sufficient for registration. Such grant is constitutive of
(Spanish Law of Waters) a “fee simple” title or absolute title in favor of MMC.

Until a formal declaration by the government, through

the executive or legislature, that the alluvial formation is no
longer needed for coast guard service, for public use or for REGISTRATION UNDER SECTION 48(b),
special industries, the same continues to be part of the PUBLIC LAND ACT (CA 141)
public domain not available for private appropriation of Who may apply
ownership. The land is not subject to ordinary prescription “Those who by themselves or through their
as it is outside the sphere of commerce. predecessors in interest have been in open, continuous,
exclusive, and notorious possession and occupation of
alienable and disposable lands of the public domain,
REGISTRATION UNDER under a bona fide claim of acquisition of ownership,
SECTION 14(4), PD 1529 since June 12, 1945, except when prevented by war or
force majeure. These shall be conclusively presumed
to have performed all the conditions essential to a
Under Sec. 14(4) Government grant and shall be entitled to a certificate
“Those who have acquired ownership of land in any of title under the provisions of this chapter.” (Sec.
other manner provided for by law.” 48[b], CA 141)

ILLUSTRATIVE CASES
No material differences between Sec. 14(1) of PD No.
Registration under the Indigenous Peoples Rights Act (RA 1529 and Sec. 48(b) of CA No. 141
No. 8371) While the Public Land Act (PLA) refers to
Under RA No. 8371 (1997), individual members of “agricultural lands of the public domain” and the
cultural communities, with respect to their Property Registration Decree (PRD) refers to
individually-owned ancestral lands who, by “alienable and disposable lands of the public domain,”
themselves or through their predecessors-in-interest, the subject lands are of the same type since under the
have been in continuous possession and occupation of Constitution, alienable lands of the public domain
the same in the concept of owner since time shall be limited to agricultural lands.
immemorial or for a period of not less than thirty (30)
years immediately preceding the approval of the Act
shall have the option to secure title to their ancestral Sec. 14(1), PD 1529
lands under CA No. 141(Public Land Act) or PD No. “Those who by themselves or through their
1529 (Property Registration Decree). predecessors-in-interest have been in open, continuous,
exclusive and notorious possession and occupation of
alienable and disposable lands of the public domain under
a bona fide claim of ownership since June 12, 1945, or
Registration of foreshore and offshore areas through earlier.”
“special patents”
A “special patent’’ is a form of land grant whereby the Sec. 48(b), CA 141
government, by an act of Congress or executive order, “Those who by themselves or through their predecessors in
conveys land in full ownership to the grantee without interest have been in the open, continuous, exclusive, and
regard to its classification. PD No. 1085, issued on notorious possession and occupation of agricultural lands
February 4, 1977, authorized the issuance of special of the public domain, under a bona fide claim of
land patents for lands reclaimed from foreshore or acquisition or ownership, except as against the Government,
submerged areas by the Public Reclamation Authority since June 12, 1945.”
Sec. 48(b), CA 141, as amended by PD 1073, requires However, vested rights acquired under RA No. 1942
possession since June 12, 1945, or prior thereto. (which required a simple possession for 30 years) cannot
But the land must already be classified as A and D be impaired by the subsequent issuance of P.D. No. 1073.
land at the time the application for registration is filed.
(Malabanan vs. CA, GR No. 179987, April 29, 2009) Thus, an applicant who, by himself or his
predecessors-in-interest, has been, prior to the effectivity of
P.D. 1073 on January 25, 1977, been in OCENPO of an
The mode of acquisition recognized by Section 48(b) of the agricultural land of the public domain for at least 30 years,
Public Land Act and made registrable under Section 14(1) or at least since January 24, 1947, may apply for judicial
of the Property Registration Decree is through confirmation of his imperfect or incomplete title under
confirmation of an imperfect or incomplete title. Sec. 48(b) of the Public Land Act. (Republic v. Espinosa,
Both provisions allow confirmation of an imperfect or GR No. 171514, July 18, 2012. See also Republic v. East
incomplete title only if the claimant has been in open, Silverlane, GR No. 186961, Feb. 20, 2012)
continuous, exclusive and notorious possession and
occupation (OCENPO) of alienable and disposable (A
& D) lands of the public domain since June 12, 1945, When the conditions specified in Sec. 48(b) of the PLA are
or earlier. complied with, the possessor is deemed to have acquired,
by operation of law, a right to a grant, without the necessity
DISTINCTION BETWEEN REGISTRATION UNDER of a certificate of title being issued. (Herico v. Dar, 95
THE PRD AND PLA SCRA 437; Republic v. Doldol, supra)
Compliance with all requirements for a government
Under the Property Registration Decree, there grant ipso jure converts land to private property. The
already exists a title which is confirmed by the court land ceases to be of the public domain and is beyond
the authority of the DENR to dispose of it under any
Under the Public Land Act, the presumption is that the of the modes of disposition under the Public Land Act.
land applied for pertains to the State, and that the (Susi v. Razon, 48 Phil. 424)
occupants and possessors only claim an interest in the
same by virtue of their imperfect title or open,
continuous, exclusive and notorious possession and
occupaion. (Limcoma Multi-purpose Cooperative v. Concurring opinion of J. Brion in Chang v. Republic, GR
Republic, GR No. 167652, July 10, 2007) No. 171726, Feb. 23, 2011:
Section 48 (b) of the Public Land Act is the law that
recognizes the substantive right of a possessor and
Is mere possession of land for thirty (30) years sufficient occupant of an alienable and disposable land of the
for registration purposes? public domain, while Section 14 (1) of the Property
The first PLA, or Act 926, required a possession and Registration Decree recognizes this right by
occupation for a period of ten (10) years prior to the authorizing its registration, thus bringing the land
effectivity of Act No. 296 on July 26, 1904. within the coverage of the Torrens System.
RA 1942, dated June 22, 1957, provided for a period
of possession for only thirty (30) years.
But PD 1073, dated Jan. 25, 1977, repealed RA 1942 AN ACT AUTHORIZING ISSUANCE OF FREE
and required that possession and occupation should PATENTS TO RESIDENTIAL LANDS
commence on June 12, 1945 (no longer 30 years). (RA NO. 10023)
(Rep. v. East Silverlane, GR No. 186961, Feb. 20,
2012; Rep. v. Espinosa, GR No. 171514, July 18,
2012) Qualifications
 Any Filipino citizen who is an actual occupant of
Resume - a residential land may apply for a free patent title
On June 22, 1957, RA 1942 amended Sec. 48 (b) of under the following conditions:
the PLA by providing a 30-year prescriptive period  Highly urbanized cities – not to exceed 200 sq.
for judicial confirmation of imperfect title. m.
On January 25, 1977, PD 1073 changed the  Other cities - not exceed 500 sq. m.
requirement for possession and occupation for 30  First class and second class municipalities - not
years to possession and occupation since June 12, exceed 750 sq. m.
1945 or earlier.  Other municipalities - not to exceed 1,000 sq. m.
On June 11, 1978, PD 1529 was enacted requiring  Lands must be zoned as residential areas or
possession and occupation since June 12, 1945. townsites
PD 1073 repealed RA 1942. thus applications under
Sec. 48 (b) of the PLA filed after the promulgation of
PD 1073 should allege and prove possession and Application shall be supported by:
occupation since June 12, 1945 or earlier.
  Survey plan and technical description approved  The ownership given is the indigenous concept
by the DENR of ownership under customary law which traces
 Affidavit of two (2) disinterested persons who its origin to native title.
are residing in the barangay of the city or
municipality where the land is located, to the
effect that the applicant has, either by himself or  Ancestral lands/domains are not deemed part of
through his predecessor-in-interest, actually the lands of the public domain but are private
resided on and continuously possessed and lands belonging to ICCs/IPs who have actually
occupied, under a bona fide claim of acquisition occupied, possessed and utilized their territories
of ownership, the land applied for at least ten (10) under claim of ownership since time immemorial
years.  Native title refers to pre-conquest rights
which, as far back as memory reaches, have
Where to file application been held under claim of private ownership
 All applications shall be filed with the CENRO by ICCs/IPs, have never been public lands
of the DENR. and are thus indisputably presumed to have
 The CENRO shall process the application within been held that way since before the Spanish
120 days to include compliance with the required Conquest. (Cruz v. Sec. of DENR, 347 SCA
notices and other legal requirements 128)
 The PENRO shall have 5 days to approve or
disapprove the patent.  The National Commission on Indigenous Peoples
 The restrictions regarding encumbrances, (NCIP) has the authority to issue certificates of
conveyances, transfers or dispositions imposed in ancestral domain title (CADT) or certificates of
Sections 118, 119, 121, 122 and 123 of Chapter ancestral land title (CALT)
XIII, Title VI of CA No. 141 (Public Land Act)  The recording of CADT and CALT in the Office of
shall not apply to patents issued under the Act. the Register of Deeds does not result in the issuance
of Torrens certificate of title.
What is RA No. 9176 (2002)?  The purpose of registration is simply to apprise the
 Extended the period to file an application for public of the fact of recognition by the NCIP of
judicial confirmation of imperfect or incomplete specific claims to portions of the ancestral domains or
titles to December 31, 2020. ancestral lands.
 Limited the area applied for to 12 hectares and
provided that all pending applications filed
before the effectivity of the amendatory Act shall Modes of acquisition
be treated as having been filed in accordance The rights of ICCs/IPs to their ancestral domains and
with the provisions thereof. ancestral lands may be acquired in two modes:
 By native title over both ancestral lands and
domains; or
 By Torrens title under the Public Land Act (CA
REGISTRATION UNDER THE No. 141) or the Property Registration Decree (PD
INDIGENOUS PEOPLES No. 1529) with respect to ancestral lands only.
RIGHTS ACT (RA 8371)
Constitutional provisions Requisites for registration
 “The State recognizes and promotes the rights of  The applicant is a member of an indigenous cultural
indigenous cultural communities within the group;
framework of national unity and development.” (Sec.  He must have been in possession of an
2 Art. II) individually-owned ancestral land for not less than
 The Congress may provide for the applicability of thirty (30) years;
customary law governing property rights or relations  By operation of law, the land is already classified as A
in determining the ownership and extent of ancestral and D, even if it has a slope of 18% or over, hence,
domain.” (Sec. 5, par. 2, Art. XII) there is no need to submit a separate certification that
the land is A and D. (Sec. 12, RA 8371)
Indigenous concept of ownership
 The IPRA (RA No. 8371, Oct. 29, 1997) The rights of ownership over ancestral lands may be
recognizes the existence of the indigenous transferred subject to the following limitations:
cultural communities or indigenous peoples  Only to members of the same ICCs/IPs;
(ICCs/IPs) as a distinct sector in Philippine  In accord with customary laws and traditions;
Society. and
 It grants these people the ownership and  Subject to the right of redemption for a period of
possession of their ancestral domains and fifteen (15) years if the land was transferred to a
ancestral lands, and defines the extent of these non-member.
lands and domains.
Ancestral domains belong to all generations and therefore
cannot be sold, disposed or destroyed.
 at least 60% of the capital of which is owned by
Filipinos.
DISPOSITION OF  Aliens, whether individuals or corporations, are
FRIAR LANDS disqualified from acquiring lands of the public
(ACT 1120) domain as well as private lands. (Donton v. Stier,
GR No. 216491, Aug. 23, 2017)
DISPOSITION OF FRIAR LANDS
(Example: Banilad Estate, Piedad Estate, Tala Estate, etc.)
Who are citizens of the Philippines?
Friar lands are not public lands but private or patrimonial
property of the government.  Those who are citizens of the Philippines at
 Friar lands were purchased by the government the time of the adoption of the 1987
for sale to actual occupants under Act 120 (Friar Constitution;
Lands Act)  Those whose fathers or mothers are citizens
 The Lands Management Bureau (LMB) shall of the Philippines;
first issue a sales certificate to the occupant who  Those born before January 17, 1972, of
shall pay the purchase price in installments. Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
The purchaser becomes the owner upon the issuance of the  Those who are naturalized in accordance
certificate of sale, subject to cancellation in case the price with law. (Art. IV, Constitution)
agreed upon is not paid in full
Upon full payment, the government shall then issue a
final deed of conveyance to the purchaser Constitutional provisions
No lease or sale shall be valid until approved by the  Save in cases of hereditary succession, no private
DENR Secretary (Manotok v. Barque, GR No. lands shall be transferred or conveyed except to
162335, Aug. 24, 2010) individuals, corporations, or associations
qualified to acquire or hold lands of the public
domain. (Sec. 7, Art. XII)
Sale of friar lands is different from sale of public lands:  Notwithstanding the provisions of Section 7 of
 In sale of public lands, the land is opened for this Article, a natural-born citizen of the
bidding; the successful bidder is given right of Philippines who has lost his Philippine
entry and to cultivate and improve the land. citizenship, may be a transferee of private lands
 Upon cultivation of 1/5 of the land, the applicant subject to limitations provided by law. (Sec. 8,
is given a sales patent. Ibid)
 In the case of friar lands, the purchaser becomes
the owner upon issuance of the certificate of sale Area limitations
in his favor.
 Any natural born citizen who has lost his
Philippine citizenship and who has the legal
capacity to enter into a contract may be a
transferee of a private land up to a maximum
WHO MAY APPLY: CITIZENSHIP REQUIREMENT area of:
 For investment purposes
On the basis of their capacity “to acquire or holds lands of
the public domain,” the following may acquire title to  5,000 square meters - urban land
private lands:  3 hectares - rural land. (RA No. 7042, as
amended by RA No. 8179)
 Filipino citizens  For residential purposes:
 Filipino corporations and associations, 60% of whose  1,000 square meters – urban land
capital are owned by Filipinos (Ang v. Sy So, GR  1 hectare – rural land (BP Blg. 185)
No.182252, Aug. 3, 2016)
 Aliens by hereditary succession (Sec. 7, Art. XII).
 A natural-born citizen of the Philippines who has lost Citizenship Retention and Re-acquisition Act of 2003
his Philippine citizenship, may be a transferee of “ x x x natural-born citizens of the Philippines
private land subject to limitations provided by law. who have lost their Philippine citizenship by
(Sec. 8, Id.) reason of their naturalization as citizens of a
foreign country are hereby deemed to have
Aliens disqualified from acquiring lands of the public re-acquired Philippine citizenship upon taking
domain as well as private lands the following oath of allegiance to the Republic:
 The right to acquire lands of the public domain is "I _________________, solemnly swear (or
reserved only to Filipino citizens or corporations affirm) that I will support and defend the
Constitution of the Republic of the
 Philippines and obey the laws and legal Constitution. She registered it in the name of her 3-year old
orders promulgated by the duly constituted ward, Jose. Sio subsequently acquired another lot,
authorities of the Philippines, and I hereby likewise registered under Jose’s name. Sio kept the titles
declare that I recognize and accept the herself.
supreme authority of the Philippines and
will maintain true faith and allegiance Unknown to her, Jose was able to obtain a second owner’s
thereto; and that I impose this obligation duplicate of both titles and, thereafter, he filed an
upon myself voluntarily without mental ejectment suit against Sio for non-payment of rentals.
reservation or purpose of evasion." (Sec. 3, Meantime, Sio filed with the RTC a case for "Transfer of
RA 9225) Trusteeship from the Defendant Jose Norberto Ang to the
New Trustee, Tony Ang, with Damages,” but this was
dismissed by the court.
Sec. 3 further provides:
The CA granted Sy So’s appeal. Jose filed a Rule 45
 Natural-born citizens of the Philippines who, petition for review.
after the effectivity of this Act, become citizens
of a foreign country shall retain their Philippine Issue: Whether or not Sio is entitled to the ownership of
citizenship upon taking the aforesaid oath. properties in question.
 Sec. 5 provides:
Those who retain or re-acquire Philippine Ruling: Under the 1935 Constitution (and also under the
citizenship under this Act shall enjoy full civil 1987 Constitution), aliens, like Sio, are disqualified from
and political rights and be subject to all attendant acquiring lands of the public domain. Not even an implied
liabilities and responsibilities under existing laws trust can be permitted on equity considerations. In sales of
of the Philippines. real estate to aliens, both vendor and the vendee are
deemed in pari delicto.

Facts: Pedro, a Filipino, bought land from Jose who at The Court directed the OSG to initiate proceedings for the
the time of the sale had already complied with the reversion of the subject property to the State.
requirements for registration. Pedro later became a
naturalized Canadian citizen.
Q. Can a Filipino vendor recover land sold to an alien?
Issue: What is the effect of Pedro’s Canadian
citizenship on his right to own land in th4e A. Yes. When an agreement is not illegal per se but is
Philippines? merely prohibited and the prohibition is designed for
the protection of the plaintiff, he may recover the land,
Answer: It will not impair his vested right to the land the public policy being to preserve and maintain the
which he could have validly registered when he was land in the hands of Filipino citizens. (Phil. Banking
yet a Filipino citizen. He is also qualified under the Corp. v. Lui She, 21 SCRA 52; Borromeo v. Descallar,
terms of Sec. 8, Art. XII, Constitution. (Republic v. 580 SCA 175; United Church v. Sebastian, 159 SCRA
CA and Lapiña, GR No. 108998, Aug. 24, 1994) 446)
The capacity to own land is determined at the time of Note: In Rellosa v. Gaw Chee Hun, 93 Phil. 827, the
its acquisition and not registration. Filipino vendor was in pari delicto with the alien
vendee, hence, recovery was not allowed.

May the RD validly refuse to register a deed of donation

of a residential land executed by a Filipino in favor of an Other illustrative cases on acquisition by aliens
unregistered organization, the “Ung Sui Si Temple,”
operating through three trustees all of Chinese nationality? Where the land was now in the hands of a naturalized
Filipino, there is no more public policy to be served
Yes. The SC, in Register of Deeds v. Ung Sui Si by allowing recovery. (Barsobia v. Cuenco , 199 Phil.
temple, GR No. L-6776, May 21, 1995, held that in 26),
view of the absolute terms of Sec. 5, Title XIII of the Where land is sold to a Chinese who later sold it to a
1935 Constitution (now Sec. 8, Art. XII, 1987 Filipino, the sale can no longer be impugned. (Herrera
Constitution) that, “save in cases of hereditary v. Guan, 1 SCRA 406).
succession, no private agricultural land shall be
transferred except to individuals, corporations or Chuck, an American, and Cory, a Filipino, acquired
associations qualified to acquire or hold lands of the land which was registered in the latter’s name. Cory
public domain,” the Constitution makes no exception sold the land to Mario without Chuck’s consent. Valid?
to religious groups. Yes. Chuck never acquired any right to the land, he
being an alien. (Cheesman v. IAC, 193 SCRA 93)

Facts: Respondent Sio, a Chinese, bought a 682.5 square

meter land in 1944, during the effectivity of the 1935
 Facts:
Alfred (petitioner), an Australian citizen, was The prohibition, however, is not limited to the sale of lands
married to Teresita, a Filipino. Lina (respondent), to foreigners. It also covers leases of lands amounting to
also a Filipina, was married to Klaus, a German. the transfer of all or substantially all the rights of dominion.
Alfred and Lina met and cohabited in a Thus, if an alien is given not only a lease of, but also an
common-law relationship, during which Alfred option to buy, a piece of land by virtue of which the
acquired real properties. Since Alfred was Filipino owner cannot sell or otherwise dispose of his
disqualified from owning lands in the Philippines, property, this to last for 50 years, then it becomes clear that
Lina was named in the deeds of sale as vendee. the arrangement is a virtual transfer of ownership whereby
When their relationship turned sour, Alfred sued the owner divests himself in stages not only of the right to
Lina for the recovery of the properties registered in enjoy the land but also of the right to dispose of it — rights
the name of the latter, claiming that he (Alfred) which constitute ownership.
was the real owner.

Private corporations not qualified to acquire lands of the

Issue: public domain
Will the action prosper? “Private corporations or associations may not hold
(such) alienable lands of the public domain except by
Ruling: lease, for a period not exceeding 25 years, renewable
The Court refused to declare Alfred (Australian) as for not more than 25 years, and not to exceed 1,000
the owner because of the constitutional prohibition. hectares in area.” (Sec. 3, Art. XII, Constitution)
The Court added that being a party to an illegal Reason: to encourage economic family-sized farms by
contract, he could not come to court and ask to have transferring ownership of only a limited area of alienable
his illegal objective carried out. One who loses his lands of the public domain to a qualified individual.
money or property by knowingly engaging in an Available lands are decreasing due to increasing
illegal contract may not maintain an action for his population.
losses. (Frenzel v. Catito, GR No. GR No. 143958.
July 11, 2003)
Exception to the rule
Facts:  In Director of Lands v. Intermediate Appellate
Felix Ting Ho, a Chinese citizen, acquired a parcel Court and Acme Plywood & Veneer Co., Inc.,
of land with the improvements thereon. Upon his GR No. 73002, Dec. 29, 1986, the Court held
death, his heirs (the petitioners therein) claimed the that “where at the time the corporation acquired
properties as part of the estate of their deceased the land, its predecessor-in-interest had been in
father, and sought the partition of said properties possession and occupation thereof in the manner
among themselves. and for the period prescribed by law as to entitle
him to registration in his name, then the
Issue: proscription against corporations acquiring
Is partition proper? alienable lands of the public domain except
through lease does not apply for the land was no
Ruling: longer public land but private property.”
The Court excluded the land and improvements
thereon from the estate of Felix Ting Ho, precisely AFP Retirementt and Separation Benefits System v.
because he never became the owner thereof in light Republic, GR No. 180086, July 2, 2014
of the above-mentioned constitutional prohibition.  The type of corporation that petitioner is has
(Sec. 7, Art. XII, 1987 Constitution) (Ting Ho. V. nothing to do with the grant of its application for
Teng Gui, GR No. G.R. No. 130115, July 16, 2008) original registration. x x x The prohibition in
Section 3, Article XII of the Constitution applies
OTHER BASIC PRINCIPLES only to private corporations. Petitioner is a
government corporation organized under PD No.
Fullido v. Grilli, GR No. 215014, Feb. 29, 2016 361, as amended by PD No. 1656.
 Under Section 1 of Article XIII of the 1935
Constitution, natural resources shall not be In Republic v. Iglesia ni Cristo, 591 SCRA 438, the Court
alienated, except with respect to public held:
agricultural lands and in such cases, the  A private corporation may validly file an
alienation is limited to Filipino citizens. The application for registration over a parcel of
prohibition on the transfer of lands to aliens was land it had acquired from a person who had
adopted in the present 1987 Constitution, under already complied with the statutory period
Sections 2, 3 and 7 of Article XII thereof. of possession. The possession of INC has
Agricultural lands, whether public or private, been established not only from 1952 and
include residential, commercial and industrial 1959 when it purchased the respective
lands. halves of the subject lot, but is also tacked
 to the possession of its
predecessors-in-interest who had been in FORM AND CONTENTS OF APPLICATION
possession thereof before June 12, 1945.
 “Form and contents. - The application shall be in
Corporation sole qualified to acquire real property writing, signed by the applicant or his authorized
representative, and under oath. If there is more than
Church properties acquired by the incumbent head of one applicant, the application shall be signed and
a corporation sole pass, by operation of law, upon his sworn to by each.
death not to his personal heirs but to his successor in
office. It is created not only to administer the  The application shall contain a description of the land,
temporalities of the church or religious society where and state the civil status of the applicant, and the
he belongs, but also to hold and transmit the same to names of all occupants and adjoining owners, if
his successor in said office.(Roman Catholic known.” (Sec. 15, PD No. 1529)
Apostolic Administrator v. Land Registration
Commission, GR No. L-8451, Dec. 20, 1957)

WHAT AND WHERE

In Republic v. IAC and Roman Catholic Bishop of Lucena, TO FILE
GR No. 75042, Nov. 29, 1988, the Court held:
 “The application shall be filed with the RTC of the
“There is no doubt that a corporation sole by the province or city where the land lies, with a copy
nature of its incorporation is vested with the right furnished the Director of Lands. (Sec. 17, ibid.)
to purchase and hold real estate and personal  The applicant may file a single application for two or
property. It need not therefore be treated as an more parcels of land in the same province
ordinary private corporation because whether or  “Amendments which consist in a substantial change in
not it be so treated as such, the Constitutional the boundaries or an increase (not decrease) in area
provision involved will, nevertheless, be not shall be subject to publication and notice as in an
applicable. The lands subject of this petition were original application.” (Sec. 19, ibid.; Benin v. Tuason,
already private property at the time the GR No. L-26127, June 28, 1974)
application for confirmation of title was filed in
1979.”

The Corporation Law also contains the following DEALINGS WITH LAND
provision: PENDING REGISTRATION

“SEC. 159. - Any corporation sole may purchase and

hold real estate and personal property for its church, Pending issuance of the decree, the land may be the subject
charitable, benevolent, or educational purposes, and of dealings (sale, lease, mortgage) in whole or in part, and
may receive bequests or gifts for such purposes. Such the interested party shall submit to the court for
corporation may mortgage or sell real property held consideration the pertinent documents and subdivision plan
by it upon obtaining an order for that purpose from the in case only portions of the land are affected. The
Court of First Instance of the province in which the application need not be amended. (Sec. 22, PD 1529;
property is situated; x x x ” (Roman Catholic Mendoza v. CA, supra)
Apostolic Administrator v. Land Registration
Commission, supra.)
Section 22 of PD No. 1529 expressly allows the disposition
of lands subject matter of a registration proceeding and the
VESTED RIGHT subsequent registration thereof in the name of the person to
whom the land was conveyed.
What is a vested right?  But the pertinent instruments of conveyance must be
It is a right or interest in property that has been fixed presented to the court and that prior notice is given to
and established, and is no longer open to doubt or the parties in the land registration case.
controversy. (Lucero v. City of Pasig, 508 SCRA 23;  Thereafter, the court shall either order the land
Ayog v. Cusi, GR No. L-46729, Nov. 19, 1982) registered subject to the conveyance or encumbrance,
or order that the decree of registration be issued in the
An open, continuous, adverse and public possession name of the person to whom the property was
of property from time immemorial by a private conveyed. (Mendoza v. Court of Appeals, id.)
individual confers effective title on said possessor,
whereby the land ceases to be public and becomes
private property. (Susi v. Razon, 48 Phil. 424) Facts:
Pending registration, applicant sold the land applied
for. The court issued the decree of registration in the
name of the vendee. Later, however, alleging failure
 of the vendee to pay the purchase price of the land, Gazette and once in a newspaper of general
applicant filed a motion for reconsideration. The court circulation in the Philippines: Provided, however,
set aside the decree holding that it had no That the publication in the Official Gazette shall be
jurisdiction to order registration to the vendee who sufficient to confer jurisdiction upon the court. Said
was neither the applicant nor oppositor in the notice shall be addressed to all persons appearing to
registration case. have an interest in the land involved including the
Issue: adjoining owners so far as known, and ‘to all whom it
Is the trial court correct? Why? may concern.’” (Sec. 23, ibid.)

Ruling:
No. Section 22 of the PRD expressly authorizes the
sale (“dealt with”) of the land during the pendency
of the case and its registration in the name of the Constructive seizure of the land effected through:
buyer. The application need not be amended by (a) publication of the notice of initial hearing in the
substituting the "buyer" for the applicant. Neither does OG and in a newspaper of general circulation, and
the law require that the "buyer" be a party to the case. (b) posting, and
It is only required that: (1) the corresponding (c) mailing thereof to affected parties. (Sec. 23, PD
instrument be presented to the court with a motion No. 1529)
that the same be considered in relation with the But lack of personal notice does not vitiate the
application; and (2) prior notice be given to the proceedings. (Roxas v. Enriquez, 212 SCRA 625)
parties to the case. (Mendoza v. Court of Appeals,
supra)

Procedure where conveyance involves only a portion of Q. The law says that “the notice of initial hearing shall be
land: published once in the OG and once in a newspaper of the
general circulation in the Philippines; provided, however,
No TCT shall be issued by the RD until a plan of the that the publication in the Official Gazette shall be
land showing the portions into which it has been sufficient to confer jurisdiction upon the court.” If the
subdivided, together with the technical description, notice was already published in the OG, is there still a need
shall have been verified and approved by the LRA or to publish the same in a newspaper?
LMB.
Meanwhile, the deed may only be annotated by the A. Yes. Publication in a newspaper is still required to
RD by way of memorandum on the grantor’s accord with the due process requirement. (Roxas v. Court
certificate of title. (Sec. 58 in relation to Sec. 50, PD of Appeals, 270 SCRA 309)
No. 1529).

Q. The RTC failed to issue the order setting the date and
hour of the initial hearing within five (5) days from the
filing of the application for registration, as provided in the
PUBLICATION, MAILING PRD, did that affect the court's jurisdiction?
AND NOTICE
A. No. Observance of the five-day period was merely
Setting the date and hour of initial hearing directory, and failure to issue the order within that period
“The Court shall within 5 days from filing of the the did not deprive the RTC of its jurisdiction. To rule that
application, issue an order setting the date and hour of compliance with the five-day period is mandatory would
the initial hearing which shall not be earlier than 45 make jurisdiction over the subject matter dependent upon
days nor later than 90 days from the date of the order. the trial court. (Republic v. Bantigue, GR No. GR No.
The public shall be given notice of the initial hearing 162322, March 14, 2012; Republic v. Manna, GR No.
of the application for land registration by means of (a) 146527, Jan. 31, 2005)
publication; (2) mailing; and (c) posting.” (Sec. 23, Slide 217
PD 529)
Purpose: Q. FATCO filed an application for registration which was
(a) to confer jurisdiction upon the court, and set for initial hearing on February 28. However, on motion
(b) to apprise the whole world of the case so that they of FATCO’s counsel, the hearing was reset for April 19?
may oppose the application, if minded. (Fieldman v. Was there need for the re-publication of the notice of initial
Republic, GR No. 147359, March 28 2008) hearing?

A. No more since the Republic and all interested parties

were already fully apprised of the pendency of the
Publication of the notice of initial hearing application. When the hearing was reset to April 19, the
“Upon receipt of the order of the court setting the time interested parties, the Republic included, may be deemed to
for initial hearing, the LRA shall cause a notice of have been given notice thereof. Clearly, the avowed
initial hearing to be published once in the Official
purpose of Section 23 had already been accomplished.
(FATCO v. Republic, GR No. 147459, Match 28, 2008) OPPOSITION

Who may properly oppose an application for registration?

Q. The court set the initial hearing on September 3, 1999
and the hearing was in fact held on that date. While the Any person claiming an interest, whether named in
notice of initial hearing was printed in the issue of the the notice or not, may appear and file an opposition on
Official Gazette, dated August 2, 1999, and officially or before the date of initial hearing, or within such
released on August 10, 1999, it was published in The further time as may be allowed by the court. The
Freeman Banat News, a daily newspaper printed in Cebu opposition shall state all the objections to the
City and circulated in the province and cities of Cebu and application and shall set forth the interest claimed by
in the rest of Visayas and Mindanao, only on December 19, the party filing the same and apply for the remedy
1999, more than three (3) months after the initial hearing. desired, and shall be signed and sworn to by him or by
Was there a valid publication? some other duly authorized person. (Sec 25, PD 1529;
Director of Lands v. Santiago, GR No. L-41278, April
15, 1988)
A. No. The publication of the notice, way after the date of
the initial hearing, is worthless and ineffective. Whoever
read the notice as it was published in The Freeman Banat Any person claiming an interest or right of dominion
News and had a claim to the subject lots was deprived of may appear and oppose the application for
due process for it was already too late for him to appear registration.
before the court on the day of the initial hearing to oppose Where no opposition is made, all the allegations in the
the application for registration, and to present his claim and application for registration shall be held as confessed,
evidence in support of such claim. (Republic v. Herbieto, and the claimant shall be deemed to have forever lost
GR No. 156117, May 26, 2005) his right to the land.

Q. Where additional area is included in the original But the absence of opposition does not justify the
application for registration, is a new publication court into awarding the land to the applicant; he must
necessary? still submit well-nigh incontrovertible proof that he is
A. Yes. Publication is one of the essential bases of the entitled to registration. (Director of Lands v. Agustin,
jurisdiction of the court in land registration and cadastral 42 Phil. 227)
cases. Where no publication has ever been made except the
initial publication, and this did not include the additional
area, the registration court had no jurisdiction over said Q. Is a person who has a pending application for a parcel of
area and its adjudication to the applicant is a nullity. land with the Lands Management Bureau (LMB) qualify
(Philippine Manufacturing Co. v. Imperial, GR No. 24908, for the registration of the same land under the Torrens
March 31, 1926) system of registration?
Slide 221
A. No since the applicant, by the filing of his sales
Role of the Solicitor General in registration cases application, manifestly acknowledges the character of the
Under the Administrative Code of 1987, the Solicitor land as a public land under the administration of the LMB.
General shall "[r]epresent the Government in all Therefore, his possession was not that of an owner, as
land registration and related proceedings." required by law. (Director of Lands v. Santiago, supra.)
Pursuant to the Regalian doctrine, all lands of the
public domain and all other natural resources are
owned by the State.
It is the role of the Solicitor General to defend the Q. Does the absence of any opposition by the government
interests of the government and to assure that lands of justify the outright registration of the land in favor of the
the public domain are adjudicated only to qualified applicant?
applicants or oppositors.
A. No. Notwithstanding the absence of opposition from the
Role of the Solicitor General government, the applicant is not relieved of the burden of
 As a rule only court notices and processes actually proving the imperfect right or title sought to be confirmed.
served upon the SG is binding on his office. He must show, even though there is no opposition, to the
 Deputized officers are under the direction and control satisfaction of the court, that he is the absolute owner, in
of the SG himself. (NPC v. NLRC, GR No. 90933, fee simple. (Director of Lands v. Agustin, GR No. 16179,
May 29, 1997). Oct. 6, 1921)
 The government may appeal an adverse decision
despite its not filing any opposition. (Republic v. Order of default
Tiotioen, GR No. 167215, Oct. 8, 2008; Republic v. “If no person appears and answers within the time
CA and Arquillo, 182 SCRA 290) allowed, the court shall, upon motion of the applicant,
order a default to be recorded and require the
applicant to present evidence. By the description in
 the notice ‘To All Whom It May Concern,’ all the parties or their privies, in all later suits and on all
world are made parties defendant and shall be points and matters determined in the previous
concluded by the default order. Where an appearance suit.
has been entered and an answer filed, a default order  The principle bars a subsequent suit involving
shall be entered against persons who did not appear the same parties, subject matter, and cause of
and answer. (Sec. 26, PD 1529) action. The rationale for the rule is that "public
policy requires that controversies must be settled
with finality at a given point in time.“ (Topacio v.
Q. May a party declared in default have the right to appeal Banco Filipino, GR No. 157644, Nov. 17, 2010)
from the judgment by default?
Elements of res judicata:
A. Yes. A defendant party declared in default retains the (a) former judgment must be final;
right to appeal from the judgment by default on the ground (b) the court which rendered it had jurisdiction over
that the plaintiff failed to prove the material allegations of the subject matter;
the complaint, or that the decision is contrary to law, even (c) the judgment must be on the merits;
without need of the prior filing of a motion to set aside the (d) there must be between the first and the second
order of default. (Martinez v. Republic, GR No.160895, actions, identity of parties, subject matter and causes
Oct. 30, 2006) of action.

Q. What is the consequence of the government not filing The doctrine does not require absolute but merely
any opposition to the application for registration? substantial identity of the parties.
The defense of res judicata may be waived if not set up in a
A. Where the Director of Lands did not oppose the motion to dismiss.
application and was, by order of the court, declared in
default, the order should not prejudice the government
since the Republic is usually not estopped by the mistake
or error of its officials or agents. (Republic v. Aquino, HEARING
205 Phil. 141)
Slide 231  The court shall decide the case within ninety (90)
days from its submission. The court may refer
Q. Who has the burden of proof in land registration cases? the case or part thereof to a referee who shall
submit his report to the court within 15 days after
A. The burden of proof in land registration cases is its termination. (Sec. 27, PD 1529)
incumbent on the applicant who must show that he is the  Applications for registration shall be heard by the
real and absolute owner in fee simple of the land applied regional trial court or, in proper cases, by the first
for. Unless the applicant succeeds in showing by clear and level courts.
convincing evidence that the property involved was  The applicant must show, by “well-nigh
acquired by him or his ancestors by any of the means incontro- vertible proof,” and even in the absence
provided for the proper acquisition of public lands, the rule of opposition, that he is the absolute owner of the
is that the property must be held to be a part of the public land.
domain. (Martinez v. Republic, supra)
Slide 232
Q. Is a motion to dismiss proper in a registration case?
Q. Is a motion to dismiss based on res judicata proper in A. Yes, based, for instance, on res judicata. The PRD does
registration proceedings? not provide for a pleading similar or corresponding to a
motion to dismiss. However, Section 34 provides that the
A. Yes. In Valisno v. Plan (GR No. L-55152, Aug. 19, Rules of Court which are not inconsistent with the
1986), the Court, applying the principle of res judicata, provisions of the Decree shall be applicable to land
sustained the applicant’s motion to dismiss the opposition registration and cadastral cases by analogy or in a
to his application for registration it appearing that the land suppletory character and whenever practicable and
sought to be registered had been previously litigated convenient. (Valisno v. Plan, GR No. L-55152, Aug. 19,
between the applicant and the oppositor in a civil case for 1986).
recovery of possession, resulting in a favorable judgment
to the applicant. Sec. 34, PD 1529, provides that the Rules
of Court shall be applicable to registration and cadastral
cases by analogy or in a suppletory character. (See also EVIDENCE OF OWNERSHIP
Rule 132)
The burden of overcoming the presumption of State
Principle of res judicata ownership of lands of the public domain lies on the person
 Under the rule of res judicata, a final judgment or applying for registration.
decree on the merits by a court of competent
jurisdiction is conclusive of the rights of the
 The government, in opposing the purported nature of “possession and occupation” of the land applied for.
the land, need not adduce evidence to prove Explain.
otherwise.
To overcome the presumption of State ownership of A. Possession is broader than occupation because it
public dominion lands, the applicant must present includes constructive possession. When, therefore, the law
incontrovertible evidence that the land subject of the adds the word occupation, it seeks to delimit the all
application is alienable or disposable. (Republic v. encompassing effect of constructive possession. Taken
Alaminos Ice Plant, GR No. 189723, July 11, 2018) together with the words open, continuous, exclusive and
notorious, the word occupation serves to highlight the fact
that for an applicant to qualify, his possession must not be
To prove the classification of the land as A and D, the a mere fiction. (Republic v. Enciso, GR No. 160145, Nov.
application for original registration must be accompanied 11, 2005)
by:
(1) CENRO or PENRO Certification that land is A and
D; and
(2) Copy of the original classification approved by the Are tax declarations and tax receipts proof of ownership?
DENR Secretary and certified as a true copy by the legal  Tax declarations and tax receipts are not
custodian thereof. (Republic v. Bantigue, GR No. conclusive evidence of ownership but they are a
162322, March 14, 2012; Republic v. Dela Paz, GR No. good indicia of possession in the concept of
171631, Nov. 5, 2010; Republic v. T.A.N, 555 SCRA owner. (Llanes v. Republic, 572 SCA 258) A tax
477) declaration merely prove payment of taxes.
 But when coupled with actual possession,
(Note: In Gaerlan v. Republic, GR No. 192717, March 12, payment of taxes is evidence of great weight and
2014, the Court held that the CENRO/PENRO certification can be the basis of a claim of ownership through
is not sufficient evidence of the facts stated therein). prescription. (Republic v. Alconaba, 427 SCRA
611)
 Taxes must be paid annually.

Policy clarification by DENR Memorandum No. 564, Q. The applicant paid all taxes for the period 1946 to 1976
dated Nov. 15, 2012 only in 1976, a few months prior to the filing of the
The DENR clarified that “the issuance of the application for registration. How does this affect the
certification and the certified copy of the approved LC legitimacy of applicant’s claim over the property?
Map to prove that the area applied for is indeed
classified as A and D is within the competence and A. The payment of taxes on a lump sum basis just before
jurisdiction of the CENRO.” the filing of the application for registration may adversely
affect the validity of the applicant’s claim to the land as
(Note: A separate administrative order was issued said payment, made belatedly and in lump sum, taints the
“delegating to the CENRO the authority to issue the sincerity of his claim of ownership and indicates that it was
certification and the certified true copy of the approved resorted only to lend some semblance of legitimacy to such
land classification map and the particular issuance or order claim. Taxes are supposed to be paid annually. (Republic v.
which was used as basis for such classification.”) CA and Infante-Tayag, GR No. L-61462, July 31, 1984)
Slide 247

DENR level of authority on land classification Identity of the land

Secretary: Land classification and release of lands of  Land must be surveyed to establish its identity,
the public domain as alienable and disposable (A and location and area. Only the LMB Director may
D) approve survey plans for original registration purposes.
Secretary: Sub-classification of forest lands according (PD 239, July 9, 1973)
to use  There is now no need to present the tracing cloth plan
of the land. A certified blue print or white print copy
 PENRO: Issuance of certificate of of the plan suffices for registration purposes. (Director
classification whether timber land or A and of Lands v. CA and Iglesia ni Cristo, 158 SCRA 586)
D – above 50.0 has.
 CENRO: Issuance of certificate of
classification whether timber land or A and
D – below 50.0 has. Rule in determining area in case of conflict

 What defines a piece of titled property is not the

numerical data indicated as the area of the land,
but the boundaries or "metes and bounds" of the
Q. Both Section 48(b) of the Public Land Act and Section property specified in its technical description as
14(1) of the Property Registration Decree require enclosing it and showing its limits. (Rep. v. CA
 and Santos, GR No. 116111, Jan. 21, 1969, 301 the area. (Dichoso v. Court of Appeals, GR No. 55613,
SCRA 366). Dec. 10, 1990)
 What defines a piece of land is not the area, Slide 253
calculated with more or less certainty mentioned
in the description, but the boundaries therein laid Possession and occupation as proof of ownership
down, as enclosing the land and indicating its  Possession must be under a claim of
limits. (Balantakbo v. CA, GR No. 108515, Oct. ownership.
16, 1995)  Acts of a possessory character by one who holds
the property by mere tolerance of the owner is
not in the concept of owner, and do not start the
period of prescription.
Importance of a survey plan  Actual possession consists of acts of dominion of
 One of the distinguishing marks of the Torrens such a nature as a party would naturally exercise
system is the absolute certainty of the identity of over his own property.
a registered land.  Occupation delimits the all-encompassing effect
 Consequently, the primary purpose of the of constructive possession.
requirement that the land must be first surveyed
is to fix the exact or definite identity of the land.
 The survey plots the location, the area and the
boundaries of the property. (De Guzman v. Court Rule of preference in case of conflict of possession
of Appeals, GR No, 185757, March2, 2016)  The present possessor shall be preferred;
 If there two possessors, the one longer in
possession;
Only the Lands Management Bureau (LMB) may now  If the dates of the possession are the same, the
verify and approve survey plans for original registration one who presents a title; and
purposes pursuant to PD No. 239, dated July 9, 1973.  If both possessors have titles, the court shall
determine the rightful possessor and owner of the
The Land Registration Authority (LRA) has no land. (Art. 538, CC)
authority to approve original survey plans nor to
check the correctness thereof. A survey plan which Mere possession will not defeat the title of a holder of
is not approved by the Director of Lands (or Regional registered land. (Eduarte v. CA, 253 SCRA 391)
Technical Director) is “not of much value” for
registration purposes. (Republic v. Vera, GR No.
L-35778, Jan. 27, 1983) What overt acts may prove possession in the concept of
owner?
 Introducing valuable improvements on the land
Q. Is the submission of the tracing cloth plan mandatory? like fruit-bearing trees;
 Fencing the area
A. In the early case of Director of Lands v. Reyes, GR  Constructing a residential house thereon; and
No.L-27594, Nov. 28, 1975, the Court declared that the  Declaring the land for taxation purposes.
submission of the tracing cloth plan is a statutory  In a practical and scientific way of planting, a
requirement of mandatory character. one-hectare land can be planted to 144 coconut
But later decisions of the Court state that the trees.
original tracing cloth plan may be substituted with either
the white print or blue print copy of the plan, duly certified It takes only 10 years for mango trees , and 5 years for
as correct or the correctness of which has not been coconuts trees, to begin bearing fruit. Republic v. CA and
overcome by convincing evidence. (Director of Lands v. Chavez, 167 SCRA 150)
IAC and Espartinez, GR No. GR No. 70825, March 11,
1991; Republic v. CA and Chavez, GR No. L-62680, Nov. Q. Both Section 48(b) of the Public Land Act and Section
9, 1988) 14(1) of the Property Registration Decree require
“possession and occupation” of the land applied for.
Explain.
Q. In case of conflict between areas and boundaries, which
prevails? A. Possession is broader than occupation because it
includes constructive possession. When, therefore, the law
A. In case of conflict between areas and boundaries, the adds the word occupation, it seeks to delimit the all
latter prevails. What really defines a piece of ground is not encompassing effect of constructive possession. Taken
the area, calculated with more or less certainty, mentioned together with the words open, continuous, exclusive and
in its description, but the boundaries therein laid down, as notorious, the word occupation serves to highlight the fact
enclosing the land and indicating its limits. In a contract of that for an applicant to qualify, his possession must not be
sale of land in a mass, the specific boundaries stated in the a mere fiction. (Republic v. Enciso, GR No. 160145, Nov.
contract must control over any statement with respect to 11, 2005)
Are tax declarations and tax receipts proof of ownership?  when the findings of fact are premised on the
 Tax declarations and tax receipts are not supposed absence of evidence and contradicted by
conclusive evidence of ownership but they are a the evidence on record; and
good indicia of possession in the concept of  when the CA manifestly overlooked certain relevant
owner. (Llanes v. Republic, 572 SCA 258) A tax facts not disputed by the parties, which if properly
declaration merely prove payment of taxes. considered, would justify a different conclusion.
 But when coupled with actual possession, (Tyson’s Super Concrete v. CA, 461 SCRA 69)
payment of taxes is evidence of great weight and
can be the basis of a claim of ownership through
prescription. (Republic v. Alconaba, 427 SCRA JUDGMENT
611) \What are the kinds of judgment?
 Taxes must be paid annually. (1) A judgment in rem is binding upon the whole
world, such as a judgment in a land registration case
or probate of a will;
Q. The applicant paid all taxes for the period 1946 to 1976 (2) A judgment in personam is binding upon the
only in 1976, a few months prior to the filing of the parties and their successors-in-interest but not upon
application for registration. How does this affect the strangers, and
legitimacy of applicant’s claim over the property? (3) A judgment directing a party to deliver possession
of a property to another is in personam; it is binding
A. The payment of taxes on a lump sum basis just before only against the parties and their successors-in-interest
the filing of the application for registration may adversely by title subsequent to the commencement of the
affect the validity of the applicant’s claim to the land as action.
said payment, made belatedly and in lump sum, taints the
sincerity of his claim of ownership and indicates that it was An action for declaration of nullity of title and recovery of
resorted only to lend some semblance of legitimacy to such ownership of real property, or reconveyance, is a real
claim. Taxes are supposed to be paid annually. (Republic v. action but it is an action in pe rsonam, for it binds a
CA and Infante-Tayag, GR No. L-61462, July 31, 1984) particular individual only.(Muñoz v. Yabut, GR No.
Slide 259 142676, June 6, 2011)

Are Spanish titles efficacious proof of ownership? Judgment confirming title

 Pursuant to PD No. 892, dated Feb. 16, 1976,
Spanish titles may no longer be used as evidence “All conflicting claims of ownership and interest in
of land ownership the land subject of the application shall be determined
 The proliferation of dubious Spanish titles have by the court. If the court, after considering the
raised conflicting claims of ownership and evidence and the reports of the Commissioner of Land
tended to destabilize the Torrens system of Registration and the Director of Lands, finds that the
registration. applicant or the oppositor has sufficient title proper
 Case study: Intestate Estate of Don Mariano San for registration, judgment shall be rendered
Pedro y Esteban v. Court of Appeals, 265 SCRA confirming the title of the applicant, or the oppositor,
733; Dumanlag v. Blanco, A.C. No. 8825, Aug. 3, to the land or portions thereof.” (Sec. 29, PD 1529)
2016; Paraguya v. Crucillo, GR No. 200265,
Dec/ 2. 2013) The judgment confirms the title of the applicant or the
oppositor. Partial judgment is proper where a
subdivision plan is submitted. (Sec. 28)
The Supreme Court is not a trier of facts; exceptions:
 when the findings are grounded entirely on Judgment becomes final after fifteen (15) days from
speculation, surmises or conjectures; receipt of notice of the judgment.
 when the inference made is manifestly mistaken,
absurd or impossible; Court retains jurisdiction until after the entry of the
 when there is grave abuse of discretion; final decree of registration. (Gomez v CA, 168 SCRA
 when the judgment is based on a misapprehension of 503)
facts; Principle of res judicata is applicable to registration
 when the findings of facts are conflicting; proceedings. (Aring v. Original, a6 SCRA 1021)
 when in making its findings the CA went beyond the
issues of the case, or its findings are contrary to the
admissions of both the appellant and the appellee;
\ Motion for execution of judgment not required
 when the findings are contrary to the trialcourt;
 when the findings are conclusions without citation of Upon finality of judgment in land registration cases,
specific evidence on which they are based; the winning party does not file a motion for execution
 when the facts set forth in the petition as well as in as in ordinary civil actions. Instead, he files a petition
the petitioner’s main and reply briefs are not disputed with the court for the issuance of an order directing
by the respondent; the LRA to issue a decree of registration, a copy of
 which is then sent to the Register of Deeds for No period within which decree may be issued
inscription in the registration book, and issuance of  The fact that no decree has as yet been issued
the original certificate of title. cannot divest the applicant of his title to and
ownership of the land in question. There is
The LRA merely issues an order for the issuance of a nothing in the law that limits the period within
decree of registration and the corresponding certificate which the court may issue a decree. The reason is
of title in the name of such applicant. (Top that the judgment is merely declaratory in
Management Programs Corp. v. Fajardo, GR character and does not need to be enforced
No.150462, June 15, 2011) against the adverse party. (Del Rosario v.
Limcaoco, GR No. 177392, Nov. 26, 2012)
 From another perspective, the judgment does not
No period within which decree may be issued have to be executed by motion or enforced by
action within the purview of Rule 39 of the 1997
The fact that no decree has as yet been issued cannot Rules of Civil Procedure. (Republic v. Nillas, GR
divest the applicant of his title to and ownership of the No. 159595, Jan. 23, 2007)
land in question. There is nothing in the law that
limits the period within which the court may issue a
decree. The reason is that the judgment is merely
declaratory in character and does not need to be WRIT OF POSSESSION
enforced against the adverse party. (Del Rosario v.
Limcaoco, GR No. 177392, Nov. 26, 2012) In what instances may a writ of posession be issued?

From another perspective, the judgment does not have (a) land registration proceeding which is in rem;
to be executed by motion or enforced by action within (b) extrajudicial foreclosure of realty;
the purview of Rule 39 of the 1997 Rules of Civil (c) judicial foreclosure of mortgage which is a
Procedure. (Republic v. Nillas, GR No. 159595, Jan. quasi in rem; and
23, 2007) (d) execution sales.

A judgment in rem is binding upon the whole world, such A writ of possession may be issued not only against the
as a judgment in a land registration case or probate of a person defeated in the land registration case but also
will; and a judgment in personam is binding upon the against anyone unlawfully occupying the land during the
parties and their successors-in-interest but not upon pendency of the proceedings up to the issuance of the final
strangers. decree. (Vencilao v. Vano, 182 SCRA 491

 A judgment directing a party to deliver possession of

a property to another is in personam. Can the Sheriff unilaterally remove or demolish the
improvements?
 An action for declaration of nullity of title and
recovery of ownership of real property, or The sheriff cannot remove or demolish the
re-conveyance, is a real action but it is an action in improvements except upon special order of the
personam, for it only binds the parties impleaded court. (Tumibay v. Soro, GR 152016, April 12,
although it concerns the right to a tangible 2010)
thing.(Muñoz v. Yabut, GR No. 142676, June 6,
2011) The writ will not issue against persons taking
possession after issuance of the final decree.

Execution pending appeal not required The remedy is to file a separate action for forcible
Execution pending appeal is not applicable in a land entry or detainer, or a reivindicatory action. (Bernas v.
registration proceeding and the certificate of title Nueva,127 SCA 399)
thereby issued is null and void.

A Torrens title issued on the basis of a judgment that In De la Rosa v. Valdez, GR No. 159101, July 27, 2011,
is not final is a nullity, as it is violative of the explicit the Court ruled:
provisions of the Land Registration Act which
requires that a decree shall be issued only after the There are ample justifications for the grant by the
decision adjudicating the title becomes final and RTC of a writ that places the subject property in the
executory, and it is on the basis of said decree that the possession of the spouses Valdez and spouses Malvar
Register of Deeds concerned issues the corresponding for the duration of the trial of Civil Case No. 00-6015.
certificate of title. (Top Management v. Fajardo, Sales Patent No. 38713, covering the subject property,
supra) had already been issued to Juan Valdez which makes
him, at the very least, the equitable owner of the said
property. There is already a request for the registration
 of Sales Patent No. 38713 pending before the Registry ownership or possession, or in any manner disturbs
of Deeds of Marikina City the possession of the person adjudged to be entitled
thereto, only then may the loser be charged with and
The spouses Valdez acknowledge the transfer of the punished for contempt . (Vencilao v. Vano, 182
subject property to the spouses Malvar. The spouses SCRA 491).
Dela Rosa's title is based on TCT No. 451423-A in
Cristeta dela Rosa's name, which is not registered with
the Registry of Deeds of Marikina City or Antipolo Q. Does failure of the government to file opposition
City. TCT No. 451423-A is also traced back to Titulo deprive it of right to appeal?
de Propriedad No. 4136, which, in the Intestate Estate
of the late Don Mariano San Pedro y Esteban v. Court A. No. In Republic v. Tiotioen, GR No. 167215, Oct. 8,
of Appeals, 23 was already declared null and void, 2008, the Court held:
and from which no rights could be derived. “ x x x the belated filing of an appeal by the State, or even
its failure to file an opposition, in a land registration case
In Tumibay v. Soro, supra, the Court held: because of the mistake or error on the part of its officials or
agents does not deprive the government of its right to
“A judgment for the delivery or restitution of property appeal from a judgment of the court.”
is essentially an order to place the prevailing party in Slide 281
possession of the property. If the defendant refuses to
surrender possession of the property to the prevailing
party, the sheriff or other proper officer should oust DECREE OF REGISTRATION
him. No express order to this effect needs to be stated
in the decision; nor is a categorical statement needed  A decree of registration is an order issued under the
in the decision that in such event the sheriff or other signature of the Administrator, LRA, in the name of
proper officer shall have the authority to remove the the court, stating that the land described therein is
improvements on the property if the defendant fails to registered in the name of the applicant or oppositor or
do so within a reasonable period of time. claimant as the case may be..
 Upon issuance of the decree, the Administrator sends
The removal of the improvements on the land under a certified copy thereof, under seal of his office, to the
these circumstances is deemed read into the decision, RD of the province or city where the land lies, and the
subject only to the issuance of a special order by the RD transcribes the decree in a book, called the
court for the removal of the improvements.” “Registration Book," in which a leaf, or leaves, in
consecutive order shall be devoted exclusively to each
When is a separate action, not writ of possession, title. The entry made by the Register of Deeds in said
necessary? book constitutes the original certificate of title and is
signed by him and sealed with the seal of his office.
When parties against whom a writ of possession is
sought entered into possession apparently after the
issuance of the final decree, the writ of possession will The decree of registration shall bind the land and quiet title
not issue. thereto, subject to exceptions or liens as may be provided
by law. (Sec. 31, PD No. 1529)
A person who took possession of the land after final
judgment in registration proceedings cannot be It shall be conclusive against all persons, including the
summarily ousted through a writ of possession government and its branches. (Ibid.)
secured by a mere motion and that regardless of any
title or lack of title of persons to hold possession of Land becomes registered land only upon the
the land in question, they cannot be ousted without transcription of the decree in the book of the Register of
giving them their day in court in proper independent Deeds, and not on the date of the issuance of the decree.
proceedings. (Bernas v. Nuevo, 127 SCRA 399) (Manotok v. CLT Realty, GR No. 123346, March 31,
2009)

Is failure to vacate a ground for contempt proceedings? Q. What is the effect and importance of a decree of
registration?
Under Section 3 (d), Rule 19, Rules of Court, the writ
of execution must require the sheriff to deliver the A. A decree of registration bars all claims and rights which
possession of the property to the party entitled thereto. arose or may have existed prior to the decree of registration.
The sheriff must dispossess or eject the losing party By the issuance of the decree, the land is bound and title
from the premises and deliver the possession thereof thereto quieted, subject only to exceptions stated in Section
to the winning party. 44 of PD No. 1529.

If subsequent to such dispossession or ejectment the The Torrens title becomes indefeasible and incontrovertible
losing party enters or attempts to enter into or upon one year from the issuance of the final decree and is
the real property, for the purpose of exercising acts of generally conclusive evidence of the ownership of the land
referred to therein. (Calalang v. Register of Deeds, GR No. “The original certificate of title shall be a true copy of the
76265, March 11, 1994) decree of registration. It shall state the names of the
registered owners and their status. If the property is
conjugal the title shall be issued in the names of both
spouses.”
A registration court has no jurisdiction to decree again land Slide 290
already decreed in a prior case. (Laburada v. LRA, 287
SCRA 333) Contents of a certificate of title
An application for registration of a titled land
constitutes a collateral attack on the existing title. (SM  Every certificate of title shall set forth the full names
Prime Holdings v. Madayag, 578 SCRA 552) of the registered owners and their status. If the
property belongs to the conjugal partnership, it shall
Title is deemed issued upon transcription of the decree. be issued in the names of both spouses.
(Manotok Realty v. CLT, 540 SCRA 304)  All property of the marriage is presumed to belong to
the conjugal partnership, unless it be proved that it
pertains exclusively to the husband or to the wife. (Art.
MAYSILO ESTATE CASE – “LAND OF CAVEAT 160, CC)
EMPTOR”  When the property is registered in the name of a
spouse only and there is no showing as to when the
R. When is a certificate of title deemed registered – the property was acquired, this indicates that the property
date of the issuance of the decree of registration on April belongs exclusively to said spouse. (PNB v, Vitug,
19, 1917, or the date the decree was transcribed in the 153 SCRA 435)
Office of the RD on May 3, 1917?
S.
A. The original certificate of title is deemed issued on the A certificate of title may be an original certificate of title,
DATE THE DECREE OF REGISTRATION IS which constitutes a true copy of the decree of registration,
TRANSCRIBED since what stands as the certificate is or a transfer certificate of title, issued subsequent to
the transcript of the decree of registration made by the original registration.
RD in the registry. (Manotok v. CLT Realty, 540 SCRA
304)  The title serves as evidence of an indefeasible
Slide 287 and incontrovertible title one year after the
issuance of the decree of registration by the LRA.
(Del Prado v. Caballero, GR No. 148225, March
3, 2010)
CERTIFICATE OF TITLE  A person dealing with registered land need not
go beyond, but only has to rely on, the title of his
Issuance of decree and certificate of title predecessor. (Guaranteed Homes v. Valdez, 577
SCRA 441)
“Within 15 days from entry of the judgment, the
court shall direct the LRA Administrator to issue the DISTINCTION BETWEEN “TITLE” AND
decree of registration and prepare the original and “CERTIFICATE OF TITLE”
duplicate certificate of title based thereon. The
original certificate of title, signed by him, shall be a
true copy of the decree, and shall be sent, together Title may be defined as that which constitutes a just cause
with the owner’s duplicate, to the Register of Deeds of of exclusive possession, or which is the foundation of
the city or province where the land lies.” (Sec. 39, PD ownership of property.
1529)
The certificate is an indefeasible evidence of Certificate of title, on the other hand, is a mere evidence of
ownership of the person whose name appears therein. ownership; it is not the title to the land itself. (Castillo v.
(Panganiban v. Dayrit, 464 SCRA 370). Escutin, GR No. 171056, March 13, 2009, 581 SCRA 258)

Entry of original certificate of title The Torrens system requires the government to issue a
certificate of title stating that the person named in the title
“Upon receipt by the RD of the original and duplicate is the owner of the property described therein, subject to
copies of the title, the same shall be entered in the day liens and encumbrances annotated on the title or reserved
book and shall be numbered, dated, signed and sealed. Said by law.
certificate of title shall take effect upon the entry thereof.
The RD shall then send notice by mail to the registered The title is indefeasible and imprescriptible and all
owner that his owner’s copy is ready for delivery to him claims to the parcel of land are quieted upon issuance
upon payment of legal fees.” (Sec. 40) of the certificate. (Decaleng v. Phil. Episcopal Church,
GR No. 171209, June 27, 2012)
 Purpose: to give the registered owner an absolutely clean
title, not subject to hidden defects or inchoate claims, as
well as restrictions except those appearing in the certificate
or imposed by the law.
The placing a parcel of land under the mantle of the
Torrens system does not mean that ownership thereof can
no longer be disputed. The decree does not relieve the land or the registered
owner from any rights incident to:
Ownership is different from a certificate of title, the
latter only serving as the best proof of ownership over  The relation of husband and wife, landlord and
a piece of land. tenant;
 From liability to attachment or levy on
Mere issuance of the certificate of title in the name of execution;
any person does not foreclose the possibility that the  From liability to any lien of any description
real property may be under co-ownership with persons established by law on the land and buildings
not named in the certificate, or that the registrant may thereon; or
only be a trustee, or that other parties may have  Change the laws of descent, rights of partition, or
acquired interest over the property subsequent to the right to take the same by eminent domain; or
issuance of the certificate of title. (Lacbayan v. Samoy,  Relieve such land from liability to any assignee
GR No. 165427, March 21, 2011) in insolvency or bankruptcy; or
 Change or affect other rights or liabilities created
A certificate of title issued pursuant to administrative by law (Sec. 46, PD 1529)
proceedings is as indefeasible as any title issued through
judicial proceedings –
 provided the land is a disposable public land, and
becomes incontrovertible one year after the VOLUNTARY DEALINGS
issuance of the patent. (Republic v. Carle, 105 WITH REGISTERED LAND
Phil. 1227)
 A certificate of title based on an emancipation
patent under PD No. 27 also enjoys the same Any registered owner may convey, mortgage, lease or
protection as a certificate issued judicially or otherwise deal with the land. (Sec. 51. PD No. 1529).
administratively. (Lonoy v. Sec. of Agrarian
Reform, R No. 175049, Nov. 27, 2008) Every conveyance or disposition of registered land, if
registered, is constructive notice to all persons from the
Rule: title earlier in date prevails time of registration. (Sec. 52, PD 1529; Guaranteed Homes
On the assumption that there was regularity in the v. Valdez, 577 SCA 441)
registration leading to the eventual issuance of subject
transfer certificates of title, the better approach is to But knowledge of an unregistered sale is equivalent to
trace the original certificates from which the registration. (Fernandez v. CA, 189 SCRA 780)
certificates of title in dispute were derived. Should
there be only one common original certificate of
title, . . ., the transfer certificate issued on an earlier Contracts are obligatory in whatever form provided the
date along the line must prevail, absent any anomaly essential requisites of consent, object and cause of the
or irregularity tainting the process of registration. obligation is established
(Top Management Programs Corp. v. Fajardo, GR
No.150462, June 15, 2011) Donation of real property must be in a public
instrument to be valid. For a mortgage to be
STATUTORY LIENS AFFECTING REGISTERED validly constituted, the document must be
LAND recorded.

Every registered owner holds title free from encumbrances Agreements mentioned in the Statute of Frauds,
except: to be enforceable, must be in writing and
subscribed by the party charged.
a) liens or rights not required by law to be
registered Sale of real estate is valid regardless of form but
b) unpaid real estate taxes is effective against third persons only from date
c) public highway of registration.
d) limitation on the use of property under
agrarian reform and public land laws Between two transactions concerning the same land, the
e) liability to attachment or levy on execution registered transaction prevails over the earlier unregistered
f) taking under eminent domain proceedings. right
(Sec. 44, PD No. 1529)
 Thus, where a purchaser files an adverse claim to Dacion en pago is the delivery and transmission of
registered land only after the same was already ownership of a thing by the debtor to the creditor as an
mortgaged to the bank, upon the claim that he bought accepted equivalent of the performance of t he obligation.
the land “long before” the mortgage, the right of the Registration in the public registry is notice to the
bank to the property is superior to that of the whole world.
purchaser. (Unchuan v. CA, 161 SCA 710) Knowledge of an unregistered sale is equivalent to
registration. (Fernandez v. CA, 189 SCRA 780)
If two certificates of title purport to include the same Between two transactions concerning the same land,
land, whether wholly or partly, the better approach is the registered transaction prevails over the earlier
to trace the original certificates from which the unregistered right. (Fudot v. Cattleya, 533 SCRA 350)
certificates of titles were derived. (Bangis v. Adolfo,
GR No. 190875, June 13, 2012)

Registration of instrument affecting registered land is

ministerial on the part of the RD VOLUNTARY AND INVOLUNTARY REGISTRATION

The law on registration does not require that only Voluntary and involuntary registration distinguished
valid instruments shall be registered. (Autocorp v.  Voluntary registration – the purchaser becomes
Court of Appeals, GR 175553, Sept. 8, 2004) the registered owner upon the (a) filing and entry
of the deed sale in the day book, (b) surrender
Questions regarding the effect or invalidity of of the owner’s duplicate certificate of title to the
instruments are expected to be decided after, not RD and (c) payment of registration fees.
before, registration.  Involuntary registration – registration is complete
Thus, registration must first be allowed, and the upon filing and entry of the order (e.g., of
matter of validity or effect litigated afterwards. attachment, levy upon execution, notice or lis
pendens, etc.) in the day book of the RD,
But if the RD is in doubt as to the proper action to without need of presenting the owner’s duplicate.
take, he shall elevate the matter en consulta to the
LRA for resolution. (Sec. 117, PD 1529)
In voluntary registration, such as a sale, mortgage, lease
and the like,
Rule in case of sale of conjugal property
 if the owner's duplicate certificate be not surrendered
Under Art. 124 of the Family Code, the sale of and presented, or
conjugal property requires the consent of both  if no payment of registration fees be made within
husband and wife. fifteen (15) days, entry in the day book of the deed of
sale does not operate to convey and affect the land
The absence of consent of one renders the sale null sold.
and void, including the portion pertaining to the
spouse who contracted the sale. (Guiang v. Court of In involuntary registration, such as an attachment, levy
Appeals, 353 Phil. 578) upon execution, lis pendens and the like, entry thereof in
the day book is a sufficient notice to all persons of such
Under Art. 173 of the Civil Code, the disposition of adverse claim. (Bulaong v. Gonzales, GR No. 156318, Sept.
conjugal property without the wife’s consent is not 5, 2011)
void but merely voidable, and the wife may within 10
years ask the court for the annulment of the contract.

Art. 161 of the Civil Code provides that the conjugal JURISDICTION INVOLVING
partnership shall be liable for debts and obligations “TITLE TO, OR POSSESSION OF, REAL PROPERTY”
contracted by the wife for the benefit of the conjugal
partnership. (Alfredo v. Borras, 404 SCRA 145) Regional Trial Courts shall have exclusive original
jurisdiction:
In a contract of sale, title to the property passes to the
vendee upon delivery of the thing sold; in a contract to In all civil actions which involve the title to, or
sell, ownership is, by agreement, reserved in the possession of, real property, or any interest therein,
vendor and is not to pass to the vendee until full where the assessed value of the property involved
payment of the purchase price. exceeds Twenty thousand pesos (P20,000,00) or for
Sale of real property in a public instrument is civil actions in Metro Manila, where such value
equivalent to the delivery thereof if the contrary does exceeds Fifty thousand pesos (P50,000.00) except
not appear. actions for forcible entry into and unlawful detainer of
lands or buildings, original jurisdiction over which is
conferred upon the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial
 Courts. (Sec. 19(2), BP 129, amended by RA No. “Property Registration Decree and Related
7691) Laws”, held that:
courts may reopen the proceedings where a
Metropolitan Trial Courts, Municipal Trial Courts, and petition for review is filed within one year
Municipal Circuit Trial Courts shall exercise: from the issuance of the decree of
registration, based on actual or extrinsic
Exclusive original jurisdiction in all civil actions fraud, and the property has not yet passed to
which involve title to, or possession of, real property, a innocent purchaser for value.
or any interest therein where the assessed value of the
property or interest therein does not exceed Twenty Requisites:
thousand pesos (P20,000.00) or, in civil actions in (a) petitioner must have an interest in land;
Metro Manila, where such assessed value does not (b) petition is based on actual or extrinsic fraud;
exceed Fifty thousand pesos (P50,000.00) exclusive of (c) petition is filed within one year fro the
interest, damages of whatever kind, attorney's fees, issuance of the decree of registration; and
litigation expenses and costs. (Ibid) (d) property has not yet passed to innocent
purchaser for value. (Walstrom v. Mapa, 314 Phil.
527)
Example

Actions for cancellation of title and reversion belong

to the class of cases that "involve the title to, or Sec. 32, PD No. 1529. Review of Decree provides:
possession of, real property, or any interest therein"
and where the assessed value of the property exceeds “The decree of registration shall not be reopened or
P20,000.00, fall under the jurisdiction of the RTC. revised by reason of absence, minority, or other
(Republic v. Roman Catholic Archbishop, GR No. disability of any person adversely affected thereby,
192975, Nov. 12, 2012; Santos v. CA, 214 SCRA nor by any proceeding in any court for reversing
162) judgments, subject, however, to the right of zany
person, including the government and the branches
thereof, deprived of land or of any estate or interest
therein by such adjudication of confirmation of title
obtained by actual fraud, to file in the proper Regional
REMEDIES Trial Court a petition for reopening and review of the
decree of registration not later than one year from and
after the date of the entry of such decree of
REVIEW OF DECREE registration, but in no case shall such petition be
entertained by the court where an innocent purchaser
The remedies are: for value has acquired the land or an interest therein,
whose rights may be prejudiced. Whenever the phrase
(1) Petition for review of decree under Section 32; ‘innocent purchaser for value’ or an equivalent phrase
(2) Action for reconveyance under Sections 53 and 96; occurs in this Decree, it shall be deemed to include an
(3) Action for damages under Section 32; and innocent lessee, mortgagee, or other encumbrancer
(4) Claim for compensation against the Assurance Fund for value. Upon the expiration of said period of one
under Section 95. year, the decree of registration and the certificate of
title shall become incontrovertible. Any person
aggrieved by such decree of registration in any case
may pursue his remedy by action for damages against
Other remedies include: the applicant or any other persons responsible for the
fraud.”
(1) Action for cancellation and reversion instituted by the
government, through the Solicitor General, under Section
101 of the Public Land Act (CA No. 141);
(2) Annulment of judgment under Rule 47 of the Rules of Q. Distinguish between extrinsic and intrinsic fraud
Court; and
(3) Criminal prosecution under the Revised Penal Code. A. Extrinsic fraud is the fraudulent act of the successful
party committed outside the trial of a case against the
defeated party which prevented the latter from fairly
presenting his case.
PETITION FOR REVIEW OF A DECREE Intrinsic fraud refers to acts of a party in a litigation during
the trial, such as the use of forged instruments or perjured
Explain – what is the remedy of a petition for review? testimony, which did not affect the presentation of the case,
but did prevent a fair and just determination of the case.
In Eland Philippines v. Garcia, GR No. 173289, (Palanca v. American Food Manufacturing, 24 SCRA 819)
Feb. 17, 2010, the Court, citing Agcaoili,
 issuance of the decree. (Mun. of Hagonoy v. Secretary, 73
Illustrative instances of fraud: Palanca v. American, supra: SCRA 507)

“Where the unsuccessful party had been prevented

from exhibiting fully his case, by fraud or deception If property is acquired through mistake or fraud, the person
practiced on him by his opponent, as by keeping him obtaining it is, by force of law, considered a trustee of an
away from court; a false promise of a compromise; or implied trust for the benefit of the person from whom the
where the defendant never had knowledge of the suit, property comes.
being kept in ignorance by the acts of the plaintiff; or
where an attorney fraudulently or without authority An action for reconveyance based on implied trust
assumes to represent a party and connives at his defeat; prescribes in 10 years as it is an obligation created by
or where the attorney regularly employed corruptly law, to be counted from the date of issuance of the
sells out his client's interest to the other side - these, Torrens title over the property.
and similar cases, x x x are reasons for which a new
suit may be sustained to set aside and annul the former This rule, however, applies only when the plaintiff or
judgment or decree, and open the case for a new and the person enforcing the trust is not in possession of
fair hearing.” the property. (PNB v. Jumanoy, GR No. 169901, Aug.
3, 2011)

ACTION FOR RECONVEYANCE Q. May an action for reconveyance be filed even before the
issuance of the decree of registration?
What is an action for reconveyance?
A. Yes. In Municipality of Hagonoy v. Secretary of
It is a legal and equitable remedy granted to the Agriculture and Natural Resources, GR No.L-27595, Oct.
rightful landowner, whose land was wrongfully or 26, 1976, the Court explained: “The petition for reopening
erroneously registered in the name of another, to of the decree which may be filed within one (1) year from
compel the registered owner to transfer or reconvey the issuance of the said decree is not the exclusive remedy
the land to him. of, and does not bar any other remedy to which the
The action respects the decree of registration as aggrieved party may be entitled.
incontrovertible but seeks the transfer of property,
wrongfully or erroneously registered in another
person’s name, to its rightful owner or a person who Prescription of action for reconveyance
has a better right. (Alde v. Bernal, GR No. 169336,
March 18, 2010; Ybañez v. IAC, 194 SCRA 793;  Action based on fraud – 4 years
Gonzales v. IAC, 157SCRA 587)  Action based on implied trust – 10 years
 Action based on void contract – imprescriptible
 Action to quiet title where plaintiff is in possession –
An action for reconveyance is an action in personam imprescriptible
But laches may bar recovery. (Lucas v. Gamponia, 100
It is filed as an ordinary action in the ordinary Phil. 277)
courts and not with the land registration court. A
notice of lis pendens may be annotated on the
certificate of title immediately upon the
institution of the action in court. (Muñoz v.
Yabut, GR No. 142676, June 6, 2011).

Article 434 of the Civil Code provides that to Elements of laches

successfully maintain an action to recover the  Conduct of defendant giving rise to a situation of
ownership of a real property, the person who which complaint is made and for which the
claims a better right to it must prove two (2) complainant seeks a remedy;
things: first, the identity of the land claimed; and  Delay in asserting complainant’s rights despite
second, his title thereto. opportunity to do so;
 Lack of knowledge or notice on the part of
Requisites: defendant that complainant would assert his right; and
 The action is brought by the party in interest after  Injury or prejudice to defendant if relief is accorded
one year from issuance of decree; complainant, or the suit is not held to be barred.
 The registration was procured through actual fraud;
 The property has not yet passed to innocent purchaser
for value. Illustrative cases of laches
 Petitioner’s action to recover title and possession of
A party may file an action for reconveyance of the property the disputed lot was made only after 12 years from the
of which he has been illegally deprived even before the
 registration of the sale to defendant. (De la An action for reconveyance has sometimes been treated as
Calzada-Cierras v. CA, 212 SCRA 390) an action to quiet title. Requisites:
 The claimed owner of a lot failed to appear during the
cadastral proceedings, and brought action to question  Plaintiff has a legal or equitable title or interest in the
the judgment only 10 years later. (Gonzales v. property
Director of Lands, 52 Phil. 895)  The deed, claim, encumbrance or proceeding claimed
 Plaintiff did not present his claim against the estate of to be casting a cloud on his title must be shown to be
the deceased wife but did so only four years later invalid or inoperative despite its prima facie
against the widower. (Yaptico v. Yulo, 57 Phil. 818) appearance of validity. (Philville Development and
Housing Corporation v. Bonifacio, GR No. 167391,
June 8, 2011)
An action for reconveyance under a constructive implied
trust in accordance with Article 1456 does not prescribe Quieting of title, illustration:
unless the land is registered or the instrument affecting the
same is inscribed in the registry. Jose who is an agent, in representation of Pedro, sells
the latter’s house to Mario. The deed of sale is
Thus, where the land is unregistered, it is from the executed in a public instrument and there is no
date of actual notice of the fraudulent sale that indication that the authority of the agent is not in
prescription began to toll. (Cabacungan v. Laigo, GR writing. The deed of sale appears to be valid and
No. 175073, Aug. 15, 2011) effective on its face.
As the authority of Jose to sell is not in writing, the
Q. Cite the provision on quieting of title. sale is void (Art. 1874, CC). Pedro can file a suit
against the buyer Mario to quiet his title. (Pineda,
A. “Art. 476. Whenever there is a cloud on title to real Property)
property or any interest therein, by reason of any
instrument, record, claim, encumbrance or proceeding Q. For an action to quiet title to prosper, what
which is apparently valid or effective but is, in truth and in indispensable requisites must concur?
fact, invalid, ineffective, voidable, or unenforceable, and
may be prejudicial to said title, an action may be brought to A. (1) The plaintiff or complainant has a legal or an
remove such cloud or to quiet the title. An action may also equitable title to or interest in the real property subject of
be brought to prevent a cloud from being cast upon title to the action; and
real property or any interest therein.” (2) The deed, claim, encumbrance or proceeding
claimed to be casting cloud on his title must be shown to be
Q. What is a cloud on title? in fact invalid or inoperative despite its prima facie
appearance of validity or legal efficacy. (Aquino v.
A. A "cloud on title" is an outstanding instrument, record, Quiazon, GR No. 201248, March 11,2015; Diaz v. Virata,
claim, encumbrance or proceeding which is actually invalid GR No. 162037, Aug. 7, 2006)
or inoperative, but which may nevertheless impair or affect Slide 343
injuriously the title to property. The matter complained of
must have a prima facie appearance of validity or legal
efficacy. The cloud on title is a semblance of title which ACTION FOR
appears in some legal form but which is in fact unfounded. DAMAGES
The invalidity or inoperativeness of the instrument is not
apparent on the face of such instrument, and it has to be After one year from the issuance of the decree, the sole
proved by extrinsic evidence. (Aquino v. Quiazon, GR No. remedy of the aggrieved party is not to set aside the decree
201248, March 11, 2015) but, respecting it as incontrovertible and no longer open to
review, to bring an ordinary action in the ordinary court for
Q. What kind of proceeding is an action to quiet title? reconveyance. But if the property has passed into the hands
of an innocent purchaser for value, the remedy is an action
A. It is characterized as a proceeding quasi in rem. In an for damages. (Gonzales v. IAC, 157 SCRA 587)
action quasi in rem, an individual is named a defendant and
the purpose of the proceeding is to subject his interests to Action for damages must be brought within 10 years from
the obligation or loan burdening the property. Actions issuance of the questioned certificate of title. (Art.1144,
quasi in rem deal with the status, ownership or liability of a CC)
particular property but which are intended to operate on
these questions only as between the particular parties to the Q. When may an action for damages arising from
proceedings and not to ascertain or cut off the rights or fraudulent registration lie?
interests of all possible claimants. The judgment therein is
binding only upon the parties who joined in the action. A. When an action for reconveyance is no longer feasible
(Phil-Ville Development and Housing Corporation v. because the property has already passed to the hands of an
Bonifacio, GR No. 167391, June 8, 2011). innocent purchaser for value, the aggrieved party can
file an action for damages against the persons responsible
for depriving him of his right or interest in the property.
(Gonzales v. Intermediate Appellate Court, GR No. title thereto remains valid and binding against the
L-69622, Jan. 29, 1988, 157 SCRA 587; Sanjorjo v. whole world. (Tolentino v. Laurel, GR No. 181368,
Quijano, GR No. 140457, Jan. 19, 2005, 449 SCRA 15) Feb.22, 2012)

Q. Petitioner filed a complaint for damages against the State not bound by prescription
registrant, claiming that he is the true owner of the property
registered in the name of the latter. However, petitioner did Under Sec. 91 of the Public Land Act (CA No. 141),
not file any opposition to the application for registration. the LMB Director has continuing authority to conduct
Will the action prosper? investigation to determine whether or not public land
has been fraudulently awarded or titled to the end that
A. No. A person who has not challenged an application for the corresponding certificate of title be cancelled and
registration of land even if the appeal afterwards interposed the land reverted to the mass public domain. (Piñero v.
is based on the right of dominion over the same land, Director of Lands, 57 SCRA 386)
cannot allege damage or error against the judgment
ordering the registration inasmuch as he did not allege or The indefeasibility of a title is not a bar to an
pretend to have any right to such land. (Esconde v. investigation by the State as to how such title has been
Barlongay, GR No. L-67583, July 31, 1987) acquired. (Cavile v. Litania-Hong, 581 SCRA 408)
Slide 347

ACTION FOR REVERSION

Q. Is reversion the proper remedy where private land had
been subsequently registered?
Reversion is an action filed by the government, through the
Office of the Solicitor General, to restore public land A. No. An action for cancellation, not reversion, is proper
fraudulently awarded and disposed of to private individuals where private land had been subsequently titled, and the
or corporations to the mass of the public domain. (Yujuico party plaintiff in that case is not the government but the
v. Republic, GR No. 168661, Oct. 26, 2007, citing Agcaoili, prior rightful owner of the property. (Angeles v. Republic,
“Property Registration Decree”) GR No. 166281, Oct. 27, 2006)

Q. Plaintiff Republic filed a complaint to declare the free

Grounds for reversion patent and title issued to Isagani null and void and to order
An action for reversion may be instituted by the the reversion of the land to the mass of public domain on
government, through the Solicitor General, in all cases the ground that the land is a forest land. The court
where lands of the public domain and the dismissed the complaint, holding that OCT No P-2508 had
improvements thereon and all lands are held in become indefeasible in view of the lapse of the one-year
violation of the Constitution (Sec. 35, Chapter XII, period prescribed under (Sec. 32, Property Registration
Title III, EO No. 292), or in cases of fraudulent or Decree). Plaintiff appealed. Decide.
unlawful inclusion of land in patents or certificates of
title. (Republic v. Guerrero, GR No. 133168, March A. The appeal is meritorious. The defense of indefeasibility
28, 2006) of a certificate of title issued pursuant to a free patent does
not lie against the State in an action for reversion where the
Reversion suits are utilized to annul titles or patents land is a part of a public forest or of a forest reservation. A
administratively issued by the Lands Management Bureau patent is void if the officer who issued the patent had no
(LMB). authority to do so. Registration should not be a shield of
Actions for cancellation of title and reversion belong fraud. Prescription cannot be invoked against the State.
to the class of cases that "involve the title to, or (Republic v. Animas, GR No. L-37682, March 29, 1974)
possession of, real property, or any interest therein" Slide 356
and where the assessed value of the property exceeds
P20,000.00 Batas Pambansa Blg. 129, Sec. 19 (2), fall
under the jurisdiction of the RTC. (Republic v. Roman CANCELLATION OF
Catholic Archbishop, GR No. 192975, Nov. 12, TITLE
2012Santos v. CA, 214 SCRA 162) It is an action initiated by a private party usually in a case
where two titles are issued for the same lot.
All actions for the reversion to the government of lands of
the public domain or improvements thereon shall be Where two titles are issued for the same lot, the earlier in
instituted by the Solicitor General or the officer acting in date prevails. (Pajomayo v. Manipon, 39 SCRA 676)
his stead, in the proper courts, in the name of the Republic
of the Philippines. (Sec. 101, PLA) Land does not revert to the State but is declared as lawfully
belonging to the party whose title is superior over the
Unless and until the land is reverted to the State by other.
virtue of a judgment of a court of law in a direct
proceeding for reversion, the Torrens certificate of
 But the State is vested with personality to file this If based on lack of jurisdiction, petitioner
action to protect public interest and safeguard the need not allege that the ordinary remedies of
Assurance Fund new trial or appeal are no longer available
through no fault of his.
Q. Differentiate an action for reversion from an ordinary If ground is lack of jurisdiction, another
action for cancellation of title. remedy is certiorari under Rule 65 where
the CA and SC have concurrent
A. In contrast to an action for reversion which is filed by jurisdiction.
the government, through the Solicitor General, an ordinary
action for cancellation is initiated by a private property
usually in a case where there are two titles issued to In a case for annulment of title, the complaint must allege
different persons for the same lot. The land does not that the purchaser was aware of the defect in the title so
“revert” to the mass of the public domain, as in an action that the cause of action against him will be sufficient.
for reversion, but is declared as lawfully belonging to the Failure to do so is fatal since the court cannot render a
party whose certificate of title is held superior over the valid judgment against the purchaser who is presumed
other. (Pajomayo v. Manipon, GR No. L-33676, June 30, to be in good faith in acquiring the said property.
1971) Failure to prove, much less impute, bad faith on said
Slide 359 purchaser would make it impossible for the court to
render a valid judgment thereon due to the
Q. Differentiate an action for reversion from an escheat indefeasibility and conclusiveness of his title.
proceeding. (Cabigas v. Limbaco, GR No. 175291, July 27, 2011)

\A. An action for reversion is slightly different from

escheat proceeding, but in its effects they are the same. Fraud and misrepresentation, as grounds for cancellation of
They only differ in procedure. Escheat proceedings may be patent and annulment of title, should never be presumed,
instituted as a consequence of a violation of the but must be proved by clear and convincing evidence, mere
Constitution which prohibits transfers of private preponderance of evidence not being adequate. Fraud is a
agricultural lands to aliens, whereas an action for reversion question of fact which must be proved.
is expressly authorized by the Public Land Act. (Rellosa v. In Sampaco v. Lantud, GR No. 163551, July 18, 2011,
Gaw Chee Hun, GR No. L-1411, Sept. 29, 1953) the signatory of the certification, Datu Samra Andam,
A/Adm. Assistant II, Natural Resources District No.
XII-3, Marawi City, was not presented in court to
testify on the due issuance of the certification, and to
testify on the details of his certification, particularly
ANNULMENT OF JUDGMENT the reason why the said office had no records of the
data contained in OCT No. P-658 or to testify on the
This is an extraordinary remedy filed with the Court of fact of fraud, if any.
Appeals under Rule 47 of the Rules of Court, where the
ordinary remedies of new trial, appeal, petition for relief or Castigador v. Nicolas, GR No. 184023, March 4, 2013:
other appropriate remedies are no longer available through allegations of actual fraud -
no fault of the petitioner.  "the auction sale of the land is null and void for lack
of actual and personal notice to herein petitioner";
Judgments or orders of quasi-judicial bodies, e.g., NLRC  “the RTC did not comply with the procedure
or DARAB, are not covered by petitions for annulment. prescribed in Section 71, PD No. 1529 requiring
notice by the Register of Deeds to the registered
Reversion suits were originally filed with the RTC to annul owner as to the issuance of a certificate of sale”;
titles or patents administratively issued by the LMB  “petitioner was not afforded due process when she
But with the effectivity of BP Blg. 129 which gave the was not notified of the proceedings instituted by
Intermediate Appellate Court (IAC) jurisdiction over respondent for the cancellation of her title.”
actions for annulment judgments of RTCs, the Rules  Fraud is extrinsic where it prevents a party from
of Court promulgated on July 1, 1997 incorporated having a trial or from presenting his entire case to the
Rule 47 on annulment of judgments or final orders of court, or where it operates upon matters pertaining not
the RTCs. (Yujuico v. Republic, 537 SCRA 513) to the judgment itself but to the manner in which it is
procured.

Grounds for annulment:

Lack of jurisdiction, illustrative case
a) action is based on extrinsic fraud, filed within four
years from discovery; Camitan v. Fidelity Investment (551 SCRA 540) –
(b) lack of jurisdiction over the person of the where the owner’s duplicate has not been lost but is in
defendant/respondent or over the subject matter of the fact existing, the reconstituted title is null and void
action. since the court never acquired jurisdiction over the
petition for reconstitution.
  Loss or damage was through the omission or mistake
If the petition is based on extrinsic fraud, the remedy of the court personnel, or the Register of Deeds or
is subject to a condition precedent, i.e., that the other employees of the Registry in the performance of
ordinary remedies of new trial, appeal, petition fort their duties.
relief are no longer available through no fault of
petitioner.
As to any person deprived of any land or interest in the
“Grave abuse of discretion” is not a proper ground for land:
petition for annulment of judgment. (Antonino v. RD,  No negligence on his part;
GR No. 185663, June 20, 2012)  He was deprived of land or interest therein by the
The judgment of the CA shall set aside the questioned registration by any other person as owner of such land;
judgment, which is void for lack of jurisdiction, or by mistake, omission or misdescription in any
without prejudice to the original action being refiled owner’s duplicate certificate, or in any memorandum
in the proper court. in the register, or by any cancellation; and
 He is barred from bringing an action for the recovery
However, where the judgment or final order is of such land or interest therein.
set aside on the ground of extrinsic fraud, the CA 
may, on motion, order the trial court to try the
case as if a timely motion for new trial had been Defendants in an action against the AF
granted therein. (Sec. 7, Rule 47)
The Register of Deeds and National Treasurer -when
the action is for recovery for loss or damage of for
RECOVERY OF DAMAGES FROM THE ASSURANCE deprivation of land or interest therein through fraud,
FUND negligence, omission, mistake or misfeasance of the
court personnel, the RD or employees of the registry;
Claim against the Assurance Fund
“A person who, without negligence on his part, The Register of Deeds, the National Treasurer and
sustains loss or damage, or is deprived of land or any other persons – for loss or damage or deprivation of
estate or interest therein in consequence of the land or interest therein through fraud, negligence,
bringing of the land under the operation of the Torrens mistake or misfeasance of persons other than court
system of arising after original registration of land, personnel, the RD or employees of the registry.
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 The plaintiff must be the registered owner, or as to holders
registration book, and who by the provisions of this of transfer certificates of title, that they are innocent
Decree is barred or otherwise precluded under the purchasers in good faith and for value.
provision of any law from bringing an action for the
recovery of such land or the estate or interest therein, Action does not lie where the damage or deprivation
may bring an action in any court of competent of any right or interest in the land was caused by a
jurisdiction for the recovery of damages to be paid out breach of trust, express or implied.
of the Assurance Fund.” (Sec. 95, PD 1529)
The person who claims damages should not have been
negligent in acquiring the property or in obtaining
Public policy dictates that those unjustly deprived of their registration thereof in his name (as where he is aware
rights over real property by reason of the operation of our of a notice of lis pendens affecting the property)
registration laws be afforded remedies.

Thus, the aggrieved party may file a suit for

reconveyance of property or a personal action for Illustrative cases
recovery of damages against the party who registered  National Treasurer v. Perez (131 SCRA 264) –
his property through fraud, or in case of his where respondent could not be awarded damages
insolvency, an action against the Treasurer of the since the donation to him was not executed with
Philippines for recovery of damages from the the formalities of a will and therefore could not
Assurance Fund. (People v. Cainglet, GR No. have transferred to him ownership of the
L-21493, April 29, 1966; RD v. Anglo, GR No. property.
171804, Aug. 5, 2015)  Treasurer of the Philippines v. CA (153 SCRA
3590) – where respondents acquired no land or
any interest in the land as a result of the invalid
Requisites for recovery sale to them by the impostor Lawaan Lopez who
had no title or interest to transfer.
As to any person who sustains loss or damage:
 No negligence on his part, and  La Urbana v. Bernardo (62 Phil. 790) – where,
having knowledge of the pending litigation and
 notice of lis pendens affecting the land, it
nevertheless proceeded to take the risk of But a transferee who acquires the property covered by a
purchasing property in litigation. reissued owner's copy of the certificate of title (1) without
 Fraginal v. Parañal (516 SCA 530) – where taking the ordinary precautions of honest persons in doing
property sold to petitioner was a prime land business and examining the records of the proper Registry
which has been the subject of successive of Deeds, or (2) who fails to pay the full market value of
transfers with “unusual haste” which should have the property is not considered an innocent purchaser for
triggered petitioner’s curiosity. value.

CRIMINAL PROSECUTION But under the rule of caveat emptor (buyer beware), one
who buys without checking the vendor’s title takes all the
The State may criminally prosecute for perjury the party risks and losses consequent to such failure. (Dacasin v. CA,
who obtains registration through fraud, such as by stating 80 SCRA 89)
false assertions in the application for registration, sworn
answer, or application for public land patent. A mortgage is invalid even in the hands of an
innocent mortgagee where the title covers
Sec. 91 of the PLA provides that “the statements made non-registrable land. (LBP v. Republic,543
in the application shall b considered as essential SCRA 453)
conditions and parts of any concession, title, or permit
issued on the basis of such application, and any false
statement therein or omission of facts x x x shall ipso
facto produce the cancellation of the concession, title, Nemo dat quod non habet
or permit granted.”
No one can give what one does not have.

One can sell only what one owns or is authorized to

sell, and the buyer can acquire no more than what the
INNOCENT PURCHASER FOR VALUE seller can transfer legally.
Prior est temporae, prior est in jura

What is an innocent purchaser for value? He who is first in right is preferred in right.
An innocent purchaser for value is one who buys the
property of another without notice that some other Thus, when the thing sold is an immovable, the one
person has a right to or interest in it, and who pays a who acquires it and first records it in the Registry of
full and fair price at the time of the purchase or before Property, both made in good faith, shall be deemed
receiving any notice of another person’s claim. the owner.
(Rosales v. Burgos, 577 SCA 264)
A certificate of title is not conclusive where it is the
No petition for review shall be entertained by the product of faulty or fraudulent registration. (Widows and
court where an innocent purchaser for value has Orphans Association, Inc. v. Court of Appeals, 201 SCRA
acquired the land or an interest therein. (Sec. 32, PD 165), or where the inclusion of land in the certificate of
1529) prior date is a mistake. (Legarda v. Saleeby, 31 Phil. 590)

But the rule that where two certificates purport to

include the same land, the earlier in date prevails, is
Every person dealing with registered land has a right to valid only absent any anomaly or irregularity tainting
rely on the correctness of the title and is not obliged to go the process of registration. (Mathay v. Court of
beyond the certificate to determine the condition of the Appeals, 295 SCRA 556)
property. (Unchuan v. CA, 161 SCRA 710)
In a series of transfers, it is enough that the buyer
examines the latest certificate of title and need not
scrutinize each and every title that preceded it. PRINCIPLE OF GOOD FAITH EQUALLY APPLIES TO
(Tajonera v. CA, 103 SCRA 467) INNOCENT LESSEE OR MORTGAGEE FOR VALUE

Under Sec. 32, PD No. 1529, rule of good faith equally

applies to mortgagees or other encumbrancers for value
In Cusi v. Domingo, GR No. 195825, Feb. 27, 2013, the
Court held: Thus, where the Torrens title was issued through
regular registration proceedings, a subsequent order
The registered owner of realty cannot be deprived of her for the cancellation nullification of the title is not a
property through fraud, unless a transferee acquires the ground for nullifying the mortgage rights of the bank.
property as an innocent purchaser for value. (St. Dominic v. IAC, 151 SCRA 577)
 protected, even if the mortgagor obtained his title
The right or lien of an innocent mortgagee must be through fraud. The remedy of the persons prejudiced
respected even if the mortgagor obtained his title is to bring an action for damages against those who
through fraud. (Blanco v. Esquierdo, 110 Phil. 494) caused the fraud, and if the latter are insolvent, an
action against the Treasurer of the Philippines may be
The phrase “innocent purchaser for value” in Sec. 32 of the filed for recovery of damages against the Assurance
Property Registration Decree includes an innocent lessee, Fund.“ (Citing Blanco v. Esquierdo, 110 Phil. 494)
mortgagee, or other encumbrancer for value. (Unchuan v.
Court of Appeals, GR No. 78775, May 31, 1988, 161 SCA
710)
Q. When Pacete procured OCT No. V-16654 in 1961, the
Good faith, or the lack of it, is a question of intention. disputed lot was already in possession of Asotigue, whose
In ascertaining intention, courts are necessarily predecessor-in-interest, Sumagad, had been occupying it
controlled by the evidence as to the conduct and since 1958. Is reconveyance to Asotigue proper?
outward acts by which alone the inward motive may,
with safety, be determined. (LBP v. Poblete, GR No. A. Yes. The registration of the lot in favor Pacete, who
196577, Feb. 25, 2013) neither possessed nor occupied the lot, is wrongful. And
since Pacete had not yet transferred the lot to an innocent
What is the doctrine of “mortgagee in good faith”? purchaser for value, reconveyance to Asotigue, the prior
possessor, is proper. Reconveyance is available not only to
In LBP v. Poblete, GR No. 196577, Feb. 25, 2013, the the legal owner of a property but also to the person with a
Court explained the doctrine of “mortgagee in good better right. (Pacete v. Asotigue, GR No. 188575, Dec. 10,
faith" as one based on the rule that buyers or 2012)
mortgagees dealing with property covered by a
Torrens certificate of title are not required to go
beyond what appears on the face of the title. Although Art. 2085, CC, requires that the mortgagor must
Thus, despite the fact that the mortgagor is not the be the owner of the mortgaged property, the subsequent
owner of the mortgaged property, his title being declaration that the title is null and void is not a ground for
fraudulent, the mortgage contract and any foreclosure nullifying the mortgage right of the mortgagee. (Rural
sale arising therefrom are given effect by reason of Bank of Sariaya v. Yacon, 175 SCRA 62)
public policy.
The right or lien of an innocent mortgagee must be
Where the certificate of title is in the name of the respected, even if the mortgagor obtained his title
mortgagor when the land is mortgaged, the mortgagee has thereto through fraud.
the right to rely on what appears on the certificate of title. The remedy of the person prejudiced is against those
(Gonzales v. IAC, GR No. 69622, Jan. 29, 1988) who caused the fraud, or if insolvent, an action for
recovery of damages against the AF. (Blanco v.
The right or lien of an innocent mortgagee for value Esquierdo, 110 Phil. 494)
upon the land mortgaged must be respected and
protected, even if the mortgagor obtained his title
thereto thru fraud. (Blanco v. Esquierdo, GR No. In LBP v. Poblete, supra, the Court held that LBP is not a
L-15182,Dec. 29, 1960). mortgagee in good faith because it processed Maniego’s
application upon presentation of OCT No. P-12026,
PNB v. CA and Chu Kim Kit, GR No. L-43972, July 24, which was still in the name of Poblete. It also ignored the
1990 fact that a certain Kapantay had previously used Poblete's
title as collateral in its loan account with LBP.
"The certificate of title was in the name of the
mortgagor when the land was mortgaged to the PNB. “When the person applying for the loan is other than
Such being the case, petitioner PNB had the right to the registered owner of the real property being
rely on what appeared on the certificate of title, and in mortgaged, [such fact] should have already induced
the absence of anything to excite suspicion, it was the Bank to make inquiries into and confirm [the]
under no obligation to look beyond the certificate and authority to mortgage . . . . A person who deliberately
investigate the title of the mortgagor appearing on the ignores a significant fact that could create suspicion in
face of the certificate." (Citing Gonzales vs. an otherwise reasonable person is not an innocent
Intermediate Appellate Court, 157 SCRA 587; Phil. purchaser for value.” (Citing Bank of Commerce v.
Coop. Bank vs. Carangdang, 139 SCRA 570; Penullar San Pablo, GR No. 167848, 27 April 2007)
vs. PNB, 120 SCRA 171)

DOCTRINE OF GOOD FAITH GENERALLY NOT

"The right or lien of an innocent mortgagee for value APPLCABLE
upon the land mortgaged must be respected and TO BANKS
 490; Philippine Trust Company v. Court of
But doctrine of “mortgagee in good faith” is generally not Appeals, GR No. 150318, Nov. 2010)
applicable to banks  This principle equally applies to realty
corporations because of the nature of their
It has been consistently held that the rule does not business. (Sunshine Finance v. IAC, GR No.
apply to banks, which are required to observe a higher 74070, Oct. 28, 1991)
standard of diligence. A bank whose business is
impressed with public interest is expected to exercise
more care and prudence in its dealings than a private Imbued with public interest, banks “are expected to be
individual, even in cases involving registered lands. A more cautious than ordinary individuals.”
bank cannot assume that, simply because the title
offered as security is on its face free of any Thus, before approving a loan, the standard practice
encumbrances or lien, it is relieved of the for banks and other financial institutions is to conduct
responsibility of taking further steps to verify the title an ocular inspection of the property offered to be
and inspect the properties to be mortgaged. (LBP v. mortgaged and verify the genuineness of the title to
Poblete, supra) determine the real owner or owners thereof.

Failure to do so makes them mortgagees in bad faith.

The general rule that a mortgagee need not look beyond the (Alano v. Planter’s Development Bank, GR No.
title does not apply to banks and other financial institutions 171628, June 13, 2011)
as greater care and due diligence is required of them.

 Imbued with public interest, they "are expected A deed of sale which was absolutely simulated is null and
to be more cautious than ordinary void and does not convey any right that could ripen into
individuals.“ (Alano v. Planter’s Development valid title; there being no valid mortgage, there could be no
Bank, GR No. 171628, June 13, 2011) valid foreclosure, and the bank cannot be considered as a
 The ascertainment of the status or condition of a mortgagee in good faith.
property offered to it as security for a loan must
be a standard and indispensable part of its But where title was issued through regular
operations. (Duque-Rosario v. Banco Filipino proceedings and was given as security for a bank loan,
Savings and Mortgage Bank, GR No. 140528, the subsequent declaration of the title as null and void
Dec. 7, 2011) is not a ground for nullifying the mortgage rights of
the bank. (St. Dominic Corp. V. IAC, 151 SCRA 577;
Blanco v. Esquierdo, 110 Phil. 494)

Acts showing the bank’s lack of diligence

Where the bank did not investigate the property to

ascertain its actual occupants. (It is the standard A FORGED DEED IS A NULLITY
practice of banks, before approving a loan, to send
representatives to the premises of the land to  Generally, a forged deed is a nullity and conveys no
investigate its real owners) title, even if accompanied by the owner’s duplicate
certificate of title. (Joaquin v. Madrid, 106 Phil. 1060)
Where the bank’s representative concentrated only  The registered owner does not lose his title, and
on the appraisal of the property and failed to inquire neither does the assignee or mortgagee acquire any
as to who were the then occupants of the property. right to the property. (Bernales v. Sambaan, 610
SCRA 90)
Where the bank acted with haste in granting the  The innocent purchaser for value protected by law is
mortgage loan and did not ascertain the ownership of one who purchases a titled land by a virtue of a deed
the land being mortgaged, as well as the authority of executed by the registered owner himself, not by a
the supposed agent executing the mortgage. (LBP v. forged deed.
Poblete, supra)

Banks required to exercise greater care Sec. 53 of PD No. 1529 provides that the subsequent
 But unlike private individuals, banks (and other registration of title procured by the presentation of a forged
persons engaged in lending money) are expected deed or other instrument is null and void.
to exercise greater care and prudence in their
dealings for their business is imbued with public Thus, the subsequent issuance of TCT No. 195812
interest. (PNB v. Jumanoy, GR No. 169901, Aug. gave the petitioner no better right than the tainted
3, 2011; Metrobank v. SLGT Holdings, 533 registration which was the basis for the issuance of the
SCRA 516; Cruz v. Bancom Finance, 379 SCRA same title. (Leoveras v. Valdez, GR No. 169985, June
15, 2011)
 owner to the name of the forger or the name indicated
by the forger, and while it remained that way, the land
was subsequently sold to an innocent purchaser for
value. (Solivel v. Francisco, 170 SCRA 218)

For then the vendee had the right to rely upon

A forged deed is a nullity and conveys no title. what appeared in the certificate. (Guaranteed Homes v.
Valdez, 577 SCRA 441)
When the instrument presented for registration is
forged, even if accompanied by the owner's
duplicate certificate of title, the registered owner A void title may become the root of a valid title if the
does not thereby lose his title, and neither does derivative title was obtained in good faith and for value.
the mortgagee acquire any right or title to the
property. It is essential that the mortgagor be the Following the principle of indefeasibility of a
absolute owner of the property to be mortgaged; Torrens title, every person dealing with
otherwise, the mortgage is void. (LBP v. Poblete, registered lands may safely rely on the
GR No. 196577, Feb.25, 2013) correctness of the certificate of title of the
vendor/transferor, and he is not required to go
Where the deed of sale states that the purchase beyond the certificate and inquire into the
price has been paid but in fact has never been circumstances culminating in the vendor's
paid, the deed of sale is void ab initio for lack of acquisition of the property. The rightsof innocent
consideration. Hence, the corresponding title third persons who relied on the correctness of the
issued to the vendee pursuant to the same deed is certificate of title and acquired rights over the
likewise void. (Id.) property covered thereby cannot be disregarded
and the courts cannot order the cancellation of
such certificate for that would impair or erode
public confidence in the Torrens system of land
Cusi v. Domingo, GR No. 195825, Feb. 27, 2013 registration.” (Muñoz v. Yabut, GR No. 142676,
June 6, 2011. See also: Republic v. Agunoy, 492
An impostor succeeded in tricking a court of law into Phil. 118 (2005), citing cases)
granting his petition for the issuance of a duplicate
owner's copy of the supposedly lost TCT. The
impostor then had the TCT cancelled by presenting a GENERAL INCIDENTS OF REGISTERED LAND
purported deed of sale between him and the registered
owners, both of whom had already been dead for “Every registered owner receiving a certificate of title in
some time, and another TCT was then issued in the pursuance of a decree of registration, and every subsequent
impostor's own name. This issuance in the impostor's purchaser of registered land taking a certificate of title for
own name was followed by the issuance of yet value and in good faith, shall hold the same free from all
another TCT in favor of a third party, supposedly the encumbrances except those noted in said certificate.” (Sec.
buyer of the impostor. In turn, the impostor's 44, PD 1529)
transferee (already the registered owner in his own
name) mortgaged the the property to Spouses Miguel The phrase “innocent purchaser for value” includes an
and Adela Lazaro, who then caused the annotation of innocent lessee, mortgagee, or other encumbrancer for
the mortgage on the TCT. All the while, the original value. (Unchuan v. CA, 161 SCRA 710)
duplicate owner's copy of the TCT remained in the
hands of an heir of the deceased registered owners
with his co-heirs' knowledge and consent.
Statutory liens
The Lazaros, as the mortgagees, claimed good Every registered owner and every subsequent
faith, and urged the Court to find in their favor. But purchaser for value and in good faith shall hold the
the Court held instead that since the the title of the same free from all encumbrances except those noted
property mortgaged to the Lazaros was a second in the certificate and any of the following:
owner's duplicate TCT, which is, in effect a
reconstituted title, this circumstance should have liens, claims or rights under the Constitution and
alerted them to make the necessary investigation, but laws; unpaid real estate taxes; any public
they did not. highway or private way established by law; any
disposition of the property or limitation on the
use thereof by virtue of PD 27 or any law on
But a forged deed may become the root of a valid title agrarian reform. (Sec. 44, PD 1529)

A forged deed may become the root of a valid Meaning of lien, encumbrance
title in a bona fide purchaser if the certificate has  “Lien” is a charge on property usually for the payment
already been transferred from the name of the true of some debt or obligation. It signifies a legal claim or
 charge on property, either real or personal, as a
collateral or security for the payment of some debt or
obligation. But a registered owner may be barred from recovering
 “Encumbrance” is a burden upon land depreciative of possession by virtue of laches.
its value, such as a lien, easement, or servitude, which,
though adverse to the interest of the landowner, does  In Panganiban v. Gamponia (100 Phil. 277),
not conflict with his conveyance of the land in fee, petitioners, for 45 years, did nothing to assert their
e.g., a mortgage, judgment lien, lease, security interest, right of ownership and were barred from recovering
easement or right of way, accrued and unpaid taxes. possession of the property.
 In Agne v. Director of Lands (181 SCRA 7090), the
registered owner’s right to recover possession was lost
Illustrative cases by inaction for almost 30 years.
Alienable public lands donated, granted or held by a  In Golloy v. CA (173 SCRA 26), while the lot was
branch or subdivision of the government cannot be registered in the name of respondent, petitioners
alienated unless authorized by Congress. (Chavez v. acquired title thereto by possession for 50 years.
PEA, 384 SCRA 152)

Section 44 which subjects the certificate of title to

public servitudes which may be subsisting, does not
apply, say, in the case of a road constructed
subsequent to the acquisition of the land. (Dirgran v.
Auditor General, 16 SCRA 762)
Q. What is laches?
Secs. 118 and 122 of the Public Land Act provide
limitations on the right of the homestead or free A. Laches has been defined as the failure or neglect, for an
patentee to alienate the land subject of the patent. unreasonable and unexplained length of time, to do that
which by exercising due diligence could or should have
been done earlier; it is negligence or omission to assert a
REGISTERED LAND right within a reasonable time, warranting a presumption
NOT SUBJECT TO that the party entitled to assert it either has abandoned it or
SPRESCRIPTION declined to assert it. Laches is not concerned merely with
lapse of time, unlike prescription. While the latter deals
with the fact of delay, laches deals with the effect of
unreasonable delay. (Cotoner-Zacarias v. Revilla, GR No.
 “No title to registered land in derogation of the title of 190901, Nov. 12, 2014)
the registered owner shall be acquired by prescription
or adverse possession.” (Sec. 47, PD 1529)
 Title to land, once registered, is imprescriptible. It Illustrative cases of laches
may not be lost by adverse, open and notorious
possession. Prescription is unavailing not only against In Panganiban v. Dayrit, GR No. 151235, July 28, 2005,
the registered owner but also against his hereditary the Court held that even a registered owner of property
successors. may be barred from recovering possession of property by
 The right to recover possession of registered property virtue of laches. In this case, petitioners, for forty-five
is equally imprescriptible since possession is a mere (45) years, did nothing to assert their right of ownership
consequence of ownership. (Republic v. Mendoza, and possession over the subject property.
GR No. 185091, Aug. 8, 2010)
In Lola v. Court of Appeals, GR No. GR No. L-46573,
A decree of registration is conclusive upon all persons, Nov. 13, 1986,  the Court held that petitioners acquired
including the government and all its branches, whether or title to the land by virtue of the equitable principles of
not mentioned by name in the application for registration laches due to respondent’s failure to assert her claim of
or its notice. ownership for 32 years.

Indeed, title to the land, once registered, is

imprescriptible. Adverse possession of real property REGISTERED LAND
for the requisite period confers title as effectually as NOT SUBJECT TO
any paper title, but such a title cannot be acquired COLLATERAL ATTACK
against a title registered under the provisions of the
Property Registration Decree. The statute of
limitations is merely a bar to a right of action and does A certificate of title cannot be altered, modified or
not operate as a transfer of title at all. (La Corporacion cancelled except in a direct proceeding filed with the RTC
de Padres v. Crisostomo, GR No. 10031, Dec. 6, (Sec. 48, PD 1529; Manotok v. Barque, 582 SCRA 583)
1915)
Direct attack: when the object of the action is to annul or The only remedy is an action before the RTC for the
set aside the judgment, or enjoin its enforcement. cancellation of the existing title, whether by the competing
claimant or by the OSG on behalf of the Republic. (Ibid)
Collateral attack: in an action to obtain a different relief, an
attack on the judgment is nevertheless made as an incident
thereto.  Author’s note: In the Court’ resolution dated Aug. 24,
2010, it held: “The petition for reconstitution of title
A direct attack on title is proper in a counterclaim (Leyson filed by the Barques is likewise DENIED. TCT No.
v. Bontuyan, 452 SCRA 94). RT-22481 (372302) in the name of Severino Manotok
IV, et al., TCT No. 210177 in the name of Homer L.
Barque and Deed of Conveyance No. V-200022
Q. Petitioner Gan Tan, a Chinese, bought land from the issued to Felicitas B. Manahan, are all hereby declared
Cebu Heights Co. and obtained TCT No. 49978 in his NULL and VOID. The Register of Deeds of Caloocan
name. Having lost his title, he filed a petition for City and/or Quezon City are hereby ordered to
reconstitution under RA No. 26. The court denied the since CANCEL the said titles. The Court hereby
petitioner is an alien. Is the denial of the petition for DECLARES that Lot 823 of the Piedad Estate,
reconstitution proper? Quezon City, legally belongs to the NATIONAL
GOVERNMENT OF THE REPUBLIC OF THE
A. A Torrens title cannot be collaterally attacked. The issue PHILIPPINES, without prejudice to the institution of
as to whether an alien is or is not qualified to acquire land REVERSION proceedings by the State through the
covered by Torrens title under our Constitution can only be OSG.”
raised in an action expressly instituted for that purpose.
(Director of Lands v. Gan Tan, GR No. L-2664, May 30,
1951; Legarda vs. Saleeby, GR No. 8936, Oct. 2, 1915) Section 48 of Presidential Decree No. 1529, also
Slide 427 known as the Property Registration Decree, provides that
"[a] certificate of title shall not be subject to collateral
Q. Respondents filed a petition with the LRA for the attack [. . . and] cannot be altered, modified, or cancelled
administrative reconstitution of the TCT No. 210177 in the except in a direct proceeding in accordance with law".
name of Homer Barque. Severino Manotok opposed Clearly, the cancellation of the Manotok title cannot arise
alleging that the lot covered by the Barque title is part of incidentally from the administrative proceeding for
the land covered by his reconstituted TCT No. RT-22481 reconstitution of the Barque title even if the evidence from
[372302]. However, the LRA found the Manotoc title to that proceeding revealed the Manotok title as fake. Nor
have been fraudulently reconstituted, hence, it ordered the could it have emerged incidentally in the appellate review
reconstitution of TCT No. 210177 in the name of Barque, of the LRA's administrative proceeding.
but only after the cancellation by the proper court of the
Manotoc title. On appeal, the CA directed the cancellation
of the Manotok title and the reconstitution of the Barque Q. How do you characterize an application for registration
title. Was the CA empowered to annul the Manotok title of an already titled land?
through the petitions raised before it by the Barques and
the Manotoks? A. The application constitutes a collateral attack on the
existing title. The title may be challenged only in a
A. No. Section 48 of PD provides that "[a] certificate of proceeding for that purpose, not in an application for
title shall not be subject to collateral attack [[. . . and] registration of a land already registered in the name of
cannot be altered, modified, or cancelled except in a direct another person. After one year from its registration, the
proceeding in accordance with law.” The administrative title is incontrovertible and is no longer open to review.
reconstitution of Torrens titles is intended for (Wee v. Mardo, GR No. 202414, June 4, 2014)
non-controversial cases. Neither the Court of Appeals nor
the LRA has jurisdiction to cancel titles. (Manotok v.
Barque, GR No. 162335, Dec. 18, 2008)
ADVERSE CLAIM

Reconstitution proceedings are not the venue for An adverse claim is a type of involuntary dealing
confirmation or adjudication of title. The Court of Appeals designed to protect the interest of a person over a piece of
does not have original jurisdiction to annul Torrens titles or real property by apprising third persons that there is a
to otherwise adjudicate questions over ownership of controversy over the ownership of the land.
property.
It seeks to preserve and protect the right of the adverse
If it appears from the records that the subject property is claimant during the pendency of the controversy,
already covered by an existing Torrens title in the name of where registration of such interest or right is not
another person, there is nothing further the LRA can do but otherwise provided for by the Property Registration
to dismiss the petition. Decree. An adverse claim serves as a notice to third
persons that any transaction regarding the disputed
 land is subject to the outcome of the dispute. (Logarta An adverse claim is designed to protect the right or interest
v. Mangahis, GR No. 213568, July 5, 2016) of a person over a piece of real property and serves as a
notice to third persons that someone is claiming an interest
Q. May a perfected contract of sale be registered as an in the land or a better right thereto than the registered
adverse claim? owner. (Martinez v. Garcia, GR No. 166536, Feb. 4, 2010)

A. No. Before a notice of adverse claim is registered, it An adverse claim based on prescription and
there must be no other provision for the registration of the adverse possession cannot be registered
claimant's right in the property. The proper procedure then because, under Sec. 47, no title to registered land
is to register the vendee's right as prescribed by Sections 51 shall be acquired by prescription or adverse
(“the act of registration shall be the operative act to convey possession. (Estella v. Register of Deeds, 106
or affect the land insofar as third persons are concerned”) Phil. 911)
and 52 of PD 1529, and not under Section 70 which is
ineffective in protecting the vendee's right since it does
not have the effect of a conveyance. (Logarta v. Mangahis,
supra) A sale of land may not be annotated as an adverse claim
because the law prescribes the remedy of registration of the
sale and the issuance to the vendee of a transfer certificate
Q. Is a deed of conditional sale registrable as an adverse of title. (RD v. Nicandro, 111 Phil. 989; Sec. 57, PD 1529)
claim?
The hereditary rights or a person registered
A. No. In a deed of conditional sale, ownership is fraudulently in her sister’s name is registrable as an
transferred after the full payment of the installments of the adverse claim. (Gabriel v. Register of Deeds, 9 SCRA
purchase price and the execution of an absolute deed of 136)
sale. It is a dealing affecting less than the ownership of
property. The rule is tat before a notice of adverse claim is
registered, it must be shown that there is no other provision A notice of levy and subsequent sale of property cannot
for the registration of the claimant's alleged right. And prevail over an existing adverse claim earlier inscribed on
pursuant to Section 54 of PD 1529, all interests in the certificate of title covering it. (Martinez v. Garcia, 611
registered land less than ownership shall be registered by SCRA 537)
filing with the Register of Deeds the instrument which
creates such interest. (Sec. 54, PD 1529; Logarta v. The Register of Deeds cannot unilaterally cancel the
Mangahis, supra) adverse claim. There must be a hearing for the
Q. Does the registration of a notice of levy produce purpose. This is in line with the provision “that after
constructive notice that would bind third persons despite cancellation, no second adverse claim shall be
the failure of the RD to annotate the same in the certificates registered by the same claimant. (Sanjonas v. CA, 258
of title? SCRA 79)

A. [Link] notice of levy is registered precisely to bind the That the foreclosure of mortgage was effected after
property and to serve as caution to third persons who the annotation of the adverse claim is of no moment
might potentially deal with the property. Entry alone since the foreclosure retroacts to the date of
produces the effect of registration, whether the transaction registration of the mortgage. (Limpin v. IAC, 166
is a voluntary or involuntary one, so long as the registrant SCRA 87)
had complied with all that was required of him and nothing
more remained to be done but a duty incumbent solely on Adverse claim is proper where there is no other provision
the Register of Deeds. (Saberon v. Ventanilla, GR No. of law for the registration of claimant’s alleged right or
192669, April 21, 2014) interest in the property.
Slide 438
 A notice of levy cannot prevail over an existing
A person who claims an interest in registered land adverse adverse claim inscribed in the certificate of title.
to the registered owner may make a statement under oath  A claim which arose prior to the date of the original
setting forth his alleged right or interest and how acquired, registration cannot be entered as adverse claim.
the number of the certificate of title, name of the registered  Where the claim is based on a perfected contract of
owner and a description of the land. sale by the owner of the land, the procedure is to
register the contract so that a new transfer certificate
The statement shall be registered as an adverse claim of title is issued to the vendee-claimant. (Sec. 57, PD
and shall be effective for 30 days. No. 1529)
The annotation may be cancelled upon the filing a of a
verified petition by the party in interest. (Sec. 70, PD A mortgage is valid as between the parties even if
1529) unregistered, but registration of a mortgage is
indispensable to bind third parties.
 Prior registration of an adverse claim or notice of lis the possessor may be, to the fulfillment of the
pendens creates a preference as against a mortgage obligation for whose security it was constituted.
registered later. The subsequent registration of a prior  It is inseparable from the property mortgaged as
mortgage does not diminish this preference, which it is a right in rem — a lien on the property
retroacts to the date of the notice of adverse claim or whoever its owner may be. Thus, all subsequent
lis pendens. (Cruz v. Bancom Finance Corporation, purchasers must respect the mortgage whether
GR No. 147788, March 19, 2002) the transfer to them be with or without the
consent of the mortgagee, for such mortgage
until discharged follows the property. (Ligon v.
An adverse claim is effective for thirty days; but it is not CA, supra)
ipso facto cancelled after said period - a separate petition is
necessary. (Sajonas v. Court of Appeals, GR No. 102377,
July 5, 1996) SURRENDER OF WITHHELD CETIFICATE
The RD cannot unilaterally cancel the adverse claim. There
must be a hearing for the purpose. (Diaz-Duarte v. Ong, Sec. 107, PD 1529
298 SCRA 388) “Sec. 107. Surrender of withheld duplicate certificates.
- Where it is necessary to issue a new certificate
The adverse claim may be cancelled if it is pursuant to any involuntary instrument which divests
frivolous or vexatious, in which case damages the title of the registered owner or where a voluntary
may be adjudged against the adverse claimant. instrument cannot be registered because of the refusal
of the holder to surrender the owner’s duplicate
certificate, the party in interest may file a petition the
SURRENDER OF CERTIFICATE IN INVOLUNTARY court to compel surrender of the same to the Register
DEALINGS of Deeds. The court, after hearing, may order the
registered owner or any person withholding the
Court may compel surrender of withheld certificate duplicate certificate to surrender the same, and direct
the entry of a new certificate or memorandum upon
If an attachment or other lien in the nature of an such surrender. If the person withholding the
involuntary dealing is registered and the duplicate certificate is not amenable to the process of the court,
certificate is not presented, the Register of Deeds shall, or if for any reason the outstanding owner’s duplicate
within 36 hours, request the registered owner to certificate cannot be delivered, the court may order
produce his duplicate certificate. If he refuses to the annulment of the same as well the issuance of a
comply within a reasonable time, the RD shall report new certificate of title in lieu thereof. Such new
the matter to the court which shall, after notice, issue certificate and all duplicates thereof shall contain a
an order for the owner to produce his certificate at the memorandum of the annulment of the outstanding
time and place stated and may enforce the order by duplicate.”
suitable process. (Sec. 71, PD 1529)
Q. In implementing the involuntary transfer of title of real
property levied and sold on execution, is it enough for the
In an action for specific performance with damages based executing party to file a motion with the court which
on a contract of sale, a motion may be filed by the rendered judgment, or does he need to file a separate action
purchaser for the issuance of an order to compel the holder with the Regional Trial Court?
of the duplicate certificate of title to surrender the same to
the RD. Ligon v. CA, GR No. 107751, June 1, 1995 A. The proper course of action is to file a petition in court,
rather than merely move, for the issuance of new titles.
Even while Sec. 107 of PD 1529 speaks of a petition which This is to afford due process to the registered landowner.
can be filed by one who wants to compel another to (Reyes v. Tang Soat Ing, GR No. 185620, Dec. 14, 2011;
surrender the certificates of title to the RD, this does not Padilla v. Philippine Producers’ Cooperative Marketing
preclude a party to a pending case to include as incident Association, GR No. 141256, Sept. 18, 1995)
therein the relief stated under Sec. 107, especially if the
subject certificates of title to be surrendered are intimately
connected with the subject matter of the principal action.
This principle is based on expediency.
NOTICE OF
LIS PENDENS
Mortgage lien follows the property mortgaged
 Any lien annotated on the previous certificates of Lis pendens, which literally means pending suit, refers to
title which subsists should be incorporated in or the jurisdiction, power or control which a court acquires
carried over to the new transfer certificates of over property involved in a suit, pending the continuance
title. This is true even in the case of a real estate of the action, and until final judgment.
mortgage because pursuant to Art. 2126 of the
Civil Code it directly and immediately subjects Lis pendens is intended:
the property upon which it is imposed, whoever
 (1) to keep the properties in litigation within the 67381, which RAM, predecessor-in-interest of
power of the court until the litigation is terminated petitioner, instituted against Zeñarosa was for
and to prevent the defeat of the judgment or decree collection of sum of money with damages — a
by subsequent alienation; and purely personal action.
(2) to announce to the whole world that a particular  Hence, the subsequent levy on execution on
property is in litigation and serves as a warning that one October 14, 2004 arising from the final money
who acquires an interest over said property does so at his judgment in favor of petitioner cannot prevail
own risk, or that he gambles on the result of the litigation over the earlier annotated attachment made by
over said property. (Mr Holdings, Ltd. v. Bajar, GR No. Lorenzo on September 30, 2002 and its
153478, Oct. 10, 2012) subsequent notice of levy on execution and sale
of the property to respondents on January 30,
2004, who then took possession. (Gagoomal v.
A notice of lis pendens is governed by Sec. 14, Rule 13, Villacorta, GR No. Jan. 18, 2012)
1997 Rules of Civil Procedure
“SEC. 14. Notice of lis pendens. — In an action Purpose:
affecting the title or the right of possession of real  to protect the rights of the party causing registration,
property, the plaintiff and the defendant, when and
affirmative relief is claimed in his answer, may record  to advise third persons that they deal with the property
in the office of the registry of deeds of the province in subject to the result of the case
which the property is situated a notice of the pendency
of the action. Said notice shall contain the names of A notice of lis pendens neither affects the merits of the
the parties and the object of the action or defense, and case nor creates a right or lien.
a description of the property in that province affected
thereby. Only from the time of filing such notice for Cancellation is proper when filed to molest adverse party
record shall a purchaser, or encumbrancer of the or is not necessary to protect the rights of the person
property affected thereby, be deemed to have causing registration.
constructive notice of the pendency of the action, and
only of its pendency against the parties designated by
their real names.
Lis pendens is proper in the following cases:
The notice of lis pendens hereinabove mentioned may  Action to recover possession of property;
be cancelled only upon order of the court, after proper  Action to quiet title thereto;
showing that the notice is for the purpose of molesting  Action to remove clouds thereon;
the adverse party, or that it is not necessary to protect  Action for partition; and
the rights of the party who caused it to be recorded."  Any other proceedings in court directly affecting the
title to the land or the use or occupation thereof or the
buildings thereon.
A notice of lis pendens is availed of mainly in real actions.  The notice need not be annotated on the owner’s
These actions are: duplicate certificate of title because the notice is an
(a) an action to recover possession of real estate; involuntary transaction. Entry in the day book is
(b) an action for partition; and sufficient. (Yu v. CA, 251 SCRA 509)
(c) any other court proceedings that directly affect the
title to the land or the building thereon or the use or
the occupation thereof. Pacete v. Asotigue, GR No. 188585, Dec. 10, 2012

Additionally, the annotation of lis pendens also As a remedy, an action for reconveyance is filed as an
applies to suits seeking to establish a right to, or an ordinary action in the ordinary courts of justice and
equitable estate or interest in, a specific real property, or to not with the land registration court. Reconveyance is
enforce a lien, a charge or an encumbrance against it. always available as long as the property has not
passed to an innocent third person for value.
But it does not apply to actions involving title to or
any right or interest in, personal property, such as the A notice of lis pendens may thus be annotated on the
subject membership shares in a private non-stock certificate of title immediately upon the institution of
corporation. (Mr Holdings v. Bajar, supra) the action in court. The notice of lis pendens will
avoid transfer to an innocent third person for value
and preserve the claim of the real owner.
Lis pendens is not proper in an action for sum of money
In case of subsequent sales or transfers, the RD must carry
 “A notice of lis pendens annotated on the over the notice of lis pendens on all titles to be issued.
cancelled TCT No. 170213 and carried over to
Tan's TCT No. 10206 conferred upon RAM no Transferees of title subject to lis pendens are bound by
rights over the subject property as well as the judgment against their predecessors. (Selph v.
petitioner, its successor-in-interest, since CC No. Aguilar, 107 Phil. 443)
 Before final judgment, the notice may be cancelled
upon order of the court if the notice is for the purpose Section 108 provides that, after notice to all the interested
of molesting the adverse party or if it is not necessary parties, the court may
for the protection of the party who caused its (a) order the issuance of a new certificate,
registration; or by the RD upon verified petition of the (b) order the entry or cancellation of a memorandum upon
party who caused the annotation thereof. (Sec. 77) a certificate, or
(c) grant any other relief upon such terms and conditions,
Cancellation of lis pendens requiring a bond if necessary, as it may deem proper.

The power to cancel a notice of lis pendens is But the court, sitting as a land registration court, has no
exercised only under exceptional circumstances, such jurisdiction or authority to reopen the original decree of
as: where such circumstances are imputable to the registration. The court cannot "impair the title or other
party who caused the annotation; where the litigation interest of a purchaser holding a certificate for value and in
was unduly prolonged to the prejudice of the other good faith, or his heirs or assigns, without his or their
party because of several continuances procured by written consent.“ (Luzon Surety v. Mirasol, GR No.
petitioner; where the case which is the basis for the lis L-29313, Jan. 21, 1977)
pendens notation was dismissed for non prosequitur
on the part of the plaintiff; or where judgment was The court can compel petitioner to surrender his owner’s
rendered against the party who caused such a notation. duplicate certificate so that a new title may be issued to the
(J. Casim Construction v. Registrar of Deeds, GR No. INK despite his argument that the case involved the
168655, July 2, 2010) “registrability “ of the document. (Ligon v. CA, 244 SCA
693)
AMENDMENT AND ALTERATION OF
CERTIFICATES Thus, the court has jurisdiction over a petition for
cancellation of encumbrances despite respondent’s
No erasure, alteration, or amendment, shall be made upon contention that the issue is controversial. (PNB v.
the registration book after the entry of a certificate of title International Corporate Bank, 199 SCRA 508).
or of a memorandum thereon except by order of the proper
Regional Trial Court. (Sec. 108, PD 1529)
Proceedings under Sec. 108 involve only non-controversial
No amendment or alteration shall be made except matters
upon order of the court. (Cuyugan v. Sy Quia, 24 Phil.
A567) The enumerated instances for amendment or alteration
The petition shall be filed in the original case in which of a certificate of title under Section 108 are
the decree was entered. (OCA v. Matas, 247 SCRA 9) non-controversial in nature. They are limited to issues
so patently insubstantial as not to be genuine issues.
The proceedings thereunder are summary in nature,
In Paz v. Republic, GR No. 157367, Nov. 23, 2011 contemplating insertions of mistakes which are only
clerical, but certainly not controversial issues.
the Court held that the amendment and alteration of a (Cabañez v. Solano, GR No. 200180, June , 2016)
certificate of title under Section 108 of P.D. No. 1529 is Consequently, such issues should be ventilated in a
applicable in seven instances or situations, namely: (a) regular action. (Angeles v. Razon, GR No. L-13679,
when registered interests of any description, whether Oc. 26, 1959)
vested, contingent, expectant, or inchoate, have terminated
and ceased; (b) when new interests have arisen or been Thus, as clarified in Cabañez, supra:
created which do not appear upon the certificate; (c) when
any error, omission or mistake was made in entering a “From the foregoing, there is no question that there is
certificate or any memorandum thereon or on any duplicate a serious objection and an adverse claim on the part of
certificate; (d) when the name of any person on the an interested party x x x (which) necessarily entail
certificate has been changed; (e) when the registered owner litigious and controversial matters making it
has been married, or, registered as married, the marriage imperative to conduct an exhaustive examination of
has been terminated and no right or interest of heirs or the factual and legal bases of the parties' respective
creditors will thereby be affected; (f) when a corporation, positions. Certainly, such objective cannot be
which owned registered land and has been dissolved, has accomplished by the court through the abbreviated
not conveyed the same within three years after its action under Section 108 of PD 1529. A complete
dissolution; and (g) when there is reasonable ground for the determination of the issues in the present case can
amendment or alteration of title. only be achieved if petitioner and his wife are
impleaded in an adversarial proceeding.”
Under Sec. 108, in relation to Sec. 2, PD No. 1529, the
court may now hear both contentions and non-contentious
cases. In Bareng vs. Shintoist Shrine (83 SCRA 418 [1978] which
 involves Secs. 111 and 112 of the Land Registration Act,
substantially similar to Secs. 107 and 108 of the Property  The corresponding petition for the replacement
Registration Decree, the Court ruled: of the lost or destroyed certificate shall then be
filed in court and entitled in the original case in
"Anyway, proceedings undertaken pursuant to Section which the decree of registration was entered.
111, as those under Section 112, are summary in  Unlike in a petition for reconstitution, there is no
nature. They are inadequate for the litigation of issues requirement for the publication of the petition for
properly pertaining to civil actions. In other words, replacement of a lost or destroyed certificate .
controversial questions, such as questions concerning
the ownership of registered property, questions of
lapse of period to register of deeds (sic), or any RECONSTITUTION OF
question where the issues involved have become LOST OR DESTROYED
controversial cannot be threshed out in such CERTIFICATE OF TITLE
proceedings. Where therefore, controversial issues are
raised in proceedings brought under Section 111 or The reconstitution of a certificate of title denotes
Section 112, it is the duty of the court sitting as a restoration in the original form and condition of a lost or
cadastral court or land registration court to dismiss the destroyed instrument attesting the title of a person to a
petition and the proper recourse open for the parties piece of land.
would be to bring up the said questions in an ordinary  The purpose of the reconstitution of title is to have,
civil action, or in the proceeding where the incident after observing the procedures prescribed by law, the
properly belongs. (Cited in Tiongco v. Phil. Veterans title reproduced in exactly the same way it has been
Bank, GR No. 82782, Aug. 5, 1992) when the loss or destruction occurred.
 RA 26 presupposes that the property whose title is
Bareng, however, added: sought to be reconstituted has already been brought
under the provisions of the Torrens System. (Republic
“Although the general rule is that a Land Registration v. Tuastumban, GR No. 173210, Apri 24, 2009)
Court has no power to decide cases involving issues
properly litigable in ordinary civil actions, yet Requisites:
inasmuch as in this jurisdiction it is the courts of first (a) that the certificate of title had been lost or
instance that also functions as courts of land destroyed;
registration, our jurisprudence recognizes exceptions (b) that the documents presented by petitioner are
to said rule, where the parties have acquiesced in sufficient and proper to warrant reconstitution of the
submitting the issues for determination in the lost or destroyed certificate of title;
registration proceedings, and they are given full (c) that the petitioner is the registered owner of the
opportunity to present their respective sides and property or had an interest therein;
submit their evidence.” (Citing cases) (d) that the certificate of title was in force at the time
it was lost and destroyed; and
(e) that the description, area and boundaries of the
property are substantially the same as those contained
in the lost or destroyed certificate of title. (Id.)

Elements of Reconstitution:
 Certificate of title has been lost or destroyed;
 Petitioner is the registered owner or person who
has an interest therein (the RD is only a nominal
REPLACEMENT OF LOST party); and
OR DESTROYED  Certificate of title was in force at the time it was
CERRTIFICATE OF TITLE lost or destroyed.(Sec. 110, PD No. 1529)

Upon petition of the registered owner or person in interest, The petition shall be filed with the RTC of the province or
the court may, after notice and hearing, direct the issuance city where the land lies. (Sec. 12, RA No. 26)
of a new duplicate certificate which shall in all respects be
entitled to like faith and credit as the original duplicate.
(Sec. 109, PD No. 1529) Judicial reconstitution partakes of a land registration
proceeding and is subject to the jurisdictional requirements
Where the owner’s duplicate copy is not in fact lost or of publication, mailing and posting. This is mandatory.
destroyed, a petition for the purpose is unwarranted as (Sec. 13, RA No. 26; Pinote v. Dulay, GR No. 56694, July
the court has no jurisdiction over the petition 2, 1990)

Procedure The petition shall be filed with the regional trial court
 The registered owner or person in interest shall of the province or city where the land lies. Sec. 108
send notice, under oath, of the loss or destruction of PD No, 1529 provides that all petitions or motions
of the owner’s duplicate certificate to the after original registration shall be filed and entitled in
Register of Deeds; and the original case in which the decree of registration
 was entered. (See also Sec. 2, RA No. 26. Office of
the Court Administrator v. Matas, A.M. No. Neither the CA nor the LRA has the power to cancel
RTJ-92-836. August 2, 1995). titles. (Manotok v. Barque, supra)

Administrative reconstitution of lost or destroyed

certificates is governed by RA 6732 There is no collateral attack on the title (OCT No. 239)
when the reconstiution case (LRC Case No. B-1784) was
It is available in case of substantial loss or destruction dismissed by court precisely because the invalidity of said
of land titles due fire, flood or other force majeure. certificate of title was already determined with finality by
Manotok v. Barque, GR No. 162335, Dec. 18,2008) the Supreme Court.

The decision of the Court declaring OCT No. 239 fake,

forged, and spurious already bars the reconstitution of
Requirements: said title under the doctrine of res judicata, in the
 Number of certificates lost or damaged is at least concept of conclusiveness of judgment. (Layos v.
10% of the total number in possession of the RD. Fil-Estate, GR No. 150470, Aug. 6, 2008)
 In no case shall be number of certificates be less
than 500.
Sources of reconstitution
 Sec. 2, RA No. 26 - for reconstitution of an original
The administrative reconstitution of Torrens titles is certificate of title
intended for non-controversial cases,  Sec. 3, RA No. 26 – for reconstitution of a transfer
or especially where the subject property is not covered certificate of title.
by an existing title in favor of a person other than the  “Any other document” as a source of reconstitution
applicant. Such an implication is consonant with the rule refers to documents similar to those previously
that the reconstitution proceedings are not the venue for enumerated in the law under the principle of
confirmation or adjudication of title, but merely a means ejusdem generis. (Republic v. IAC and Kiram, 157
by which a previously adjudicated title whose original SCRA 62
has been lost or destroyed may be reissued to its owner.

The LRA has no jurisdiction over a petition for The non-compliance with the requirements prescribed in
reconstitution, where the property is already covered by a Sections 12 (contents of petition) and 13 (requirements of
Torrens title. (Manotok v. Barque, supra) notice and hearing) of R.A. No. 26 is fatal.

These requirements and procedure are mandatory. The

If it appears that the subject property is already covered by petition for reconstitution must allege certain specific
an existing Torrens title in the name of another person, jurisdictional facts; the notice of hearing must be
there is nothing further the LRA can do but to dismiss the published in the Official Gazette and posted in
petition. particular places and the same sent or notified to
specified persons. Sections 12 and 13 of the Act
Upon review, the only relevant inquiry in such provide specifically the mandatory requirements and
appellate proceeding is on whether or not there is a procedure to be followed. (Castillo v. Republic, GR
previously existing title covering that property. No. 182980, Jun 22, 2011)

Neither the LRA nor the CA at that point may inquire

into the validity of the title or the competing claims
over the property. The only remedy is an action before Liberal construction of the Rules of Court does not apply to
the RTC for the cancellation of the existing title, land registration cases. Indeed, to further underscore the
whether by the competing claimant or by the OSG on mandatory character of these jurisdictional requirements,
behalf of the Republic. (Manotok v. Barque, supra) the Rules of Court do not apply to land registration cases.
(Sec. 4, Rule 1 of the 1997 Rules of Civil Procedure)
Sec. 48 of PD No. 1529 provides that "[a] certificate of title
shall not be subject to collateral attack [. . . and] cannot be In all cases where the authority of the courts to
altered, modified, or cancelled except in a direct proceed is conferred by a statute, and when the
proceeding in accordance with law". manner of obtaining jurisdiction is prescribed by a
statute, the mode of proceeding is mandatory, and
Clearly, the cancellation of the Manotok title cannot must be strictly complied with, or the proceeding will
arise incidentally from the administrative proceeding be utterly void. When the trial court lacks jurisdiction
for reconstitution of the Barque title even if the to take cognizance of a case, it lacks authority over
evidence from that proceeding revealed the Manotok the whole case and all its aspects. (Castillo v.
title as fake. Nor could it have emerged incidentally in Republic, GR No. 182980, June 22, 2011)
the appellate review of the LRA's administrative
proceeding.
 CONSULTA

When the Register of Deeds is in doubt as to what action The general rule that a mortgagee need not look beyond
should be taken on an instrument presented for registration, the title does not apply to banks and other financial
or where ay party does not agree with the action taken by institutions as greater care and due diligence is required
the Register of Deeds, the question shall be elevated to the of them. Imbued with public interest, they "are expected
LRA Administrator via en consulta for determination. (Sec. to be more cautious than ordinary individuals.“ (Alano v.
117, PD 1529) Planter’s Development Bank, GR No. 171628, June 13,
2011)
The consulta shall be cancelled (a) upon final The ascertainment of the status or condition of a
resolution of the case by the LRA Administrator, or property offered to it as security for a loan must be a
(b) if the consulta is withdrawn by the petitioner. standard and indispensable part of its operations.
(Duque-Rosario v. Banco Filipino Savings and Mortgage
Bank, GR No. 140528, Dec. 7, 2011)
The ruling of the LRA shall be conclusive and binding on
all RDs, without prejudice to an appeal to the Court of Although Art. 2085, CC, requires that the mortgagor must
Appeals. be the owner of the mortgaged property, the subsequent
declaration that the title is null and void is not a ground for
A party who does not agree with the action taken by nullifying the mortgage right of the mortgagee. (Rural
the LRA is to appeal to the CA, via Rule 43 - and not Bank of Sariaya v. Yacon, 175 SCRA 62)
by certiorari or prohibition - within 15 days from The right or lien of an innocent mortgagee must be
notice of the decision or resolution. (Calalang v. RD respected, even if the mortgagor obtained his title thereto
of QC, 231 SCRA 88) through fraud.
The remedy of the person prejudiced is against those who
The administrative remedy must be resorted to by caused the fraud, or if insolvent, an action for recovery of
petitioner before he can have recourse to the courts. damages against the AF. (Blanco v. Esquierdo, 110 Phil.
(Almirol v. RD of QC, 22 SCRA 1152) 494)

Effect of a forged deed of mortgage

MORTGAGES AND LEASES A forged power of attorney is without force and effect, and
the mortgage constituted by virtue thereof is also null and
 The mortgagor must be the owner of the property void and could not prejudice the rights of the registered
mortgaged. owner. (Veloso v. La Urbana, a58Phil. 681)
 A mortgage lien is a right in rem which follows An absolutely simulated contract of sale is void and
property. transfers no ownership right; hence, the purported buyer,
 A notice of lis pendens cannot prejudice mortgage not being the owner, cannot validly mortgage the property
previously registered. and neither does the buyer at foreclosure sale acquire any
 A mortgage is invalid even in the hands of an innocent title thereto. (Cruz v. Bancom, 379 SCRA 490)
mortgagee where the title covers non-registrable land.
(LBP v. Republic,543 SCRA 453)
Redemption
The mortgagor has one year within which to redeem the
Where the certificate of title is in the name of the property from the registration of sale.
mortgagor when the land is mortgaged, the mortgagee has If no redemption is made within said period, the right of
the right to rely on what appears on the certificate of title. the purchaser to the possession of the foreclosed property
(Gonzales v. IAC, GR No. 69622, Jan. 29, 1988) becomes absolute. He is entitled to possession following
the consolidation of ownership in his name.
The right or lien of an innocent mortgagee for value upon The writ of possession becomes a matter of right and its
the land mortgaged must be respected and protected, even issuance to a purchaser in an extrajudicial foreclosure is
if the mortgagor obtained his title thereto thru fraud. merely a ministerial function.
(Blanco v. Esquierdo, GR No. L-15182,Dec. 29, 1960).

Writ of possession
Where the certificate of title is in the name of the Under Sec. 7 of Act No. 3135, a writ of possession may be
mortgagor when the land is mortgaged, the mortgagee has issued either (a) within the one-year period, upon the filing
the right to rely on what appears on the certificate of title. of a bond, or (b) after the lapse of the redemption period,
(Gonzales v. IAC, GR No. 69622, Jan. 29, 1988) without need of a bond.
The proceeding for the issuance of the writ is ex parte and
The right or lien of an innocent mortgagee for value upon is ministerial duty of the court, unless a third party is
the land mortgaged must be respected and protected, even actually holding the property adversely to the judgment
if the mortgagor obtained his title thereto thru fraud. debtor, or where the bid price is unjustifiably higher than
(Blanco v. Esquierdo, GR No. L-15182,Dec. 29, 1960). the real amount of the obligation.
 The purchase price may be paid in full or in 10
In extrajudicial foreclosures, the purchaser becomes the installments.
absolute owner when no redemption is made. The applicant must cultivate at least one-fifth of the land
Thus, after consolidation of ownership and issuance of a within 5 years from the date of award.
new transfer certificate of title in the name of the
purchaser, he is entitled to possession of the property Direct sale (RA No. 730)
as a matter of right under Section 7 (Act 3135), and its RA No. 730 permits the private sale of not more than 1,000
issuance by the RTC is a mere ministerial function. square meters for residential purposes. The applicant:
But pursuant to Sec. 33, Rule 39, Rules of Court, the  Is a Filipino citizen;
possession of the extrajudicially foreclosed property  Is not the owner of a home lot in the city or
shall be withheld from the purchaser if a third-party is municipality;
actually holding the same adversely to the  Has established in good faith his residence on land
mortgagor/debtor. (Madriaga v. China Banking Corp., G not needed for public service;
No. 192377, July 2, 2012)  Has constructed his house and actually resided
therein.
The issuance of the writ may not be stayed by a pending
action for annulment of the mortgage or the foreclosure Free patent
itself, without prejudice, of course, to the eventual outcome Applicant is a natural-born citizen who is not the owner of
of the pending annulment case. (Bank of the Philippine not more than 12 hectares of agricultural public land.
Islands v. Tarampi, GR No. 174988, Dec. 10, 2008) He has occupied and cultivated the land for at least 30
years, by himself of his predecessors-in-interest;
Issuance of the writ is ex parte, summary and and He has paid the real estate taxes while the same has not
ministerial. The order of the RTC granting the petition for been occupied by any other person.
a writ of possession is final which can only be questioned
on appeal. (San Fernando Rural Bank, Inc. v. Pampanga
Omnibus Development Corporation, GR No. 168088, April ISSUANCE OF FREE PATENT TO RESIDENTIAL
4, 2007) LANDS (RA NO. 10023)

Requirements for a residential free patent:

 Applicant must be a Filipino citizen
REGISTRATION VIA ISSUANCE OF  In actual occupation, residence and continuous
PUBLIC LAND PATENTS possession and occupation of a residential land
Registration of Patents  Identified and zoned through an ordinance and not
Public lands suitable for agriculture can be disposed of by needed for public use or public service
(a) homestead, (b) sale, (c) lease, and (d) confirmation of  For at least 10 years prior to the filing of the
imperfect or incomplete titles by (1) judicial legalization or application
(2) administrative legalization (free patent)
Public land patents when duly registered are veritable
Torrens titles, entitled to all the safeguards relative thereto Slide 511

Area limitation:
Homestead patent Highly urbanized cities – 200 sq. m.
Any citizen of the Philippines may apply for a Other cities – 500 sq. m.
homestead of not exceeding 12 hectares. 1st and 2nd class municipalities – 750 sq. m.
The applicant must have cultivated and improved at least Other municipalities – 1,000 sq. m.
one-fifth of the land and resided in the municipality (or
adjacent municipality) where the land is located for at Requirements for application:
least one year. Approved plan and technical description
Once the applicant has complied with all the conditions Affidavit of two (2) witnesses confirming possession of
essential to a government grant, he acquires not only a applicant for at least 10 years
right to a grant but a grant of the land from the
government.

Special patents
Sales patent A special patent is issued upon the promulgation of a
special law or act of Congress or by the DENR Secretary
A Filipino citizen or lawful age or the head of a as authorized by an EO of the President.
family may apply for the purchase of an agricultural public Example: Freedom Islands in the Manila Bay area to which
land not to exceed 12 hectares. TCTs were issued to PEA.
However, the lands so titled shall not be disposed unless
The land shall be sold through public bidding, and the land with the approval of Congress if owned by the national
awarded to the highest bidder.
agency, or by the sanggunian concerned through an A certificate of title is void when it covers non-registrable
approved ordinance if owned by LGUS. lands (e.g., forest or timber or mineral lands).
Any title issued on non-disposable lots even in the hands of
an alleged innocent purchaser for value, shall be cancelled.
Prohibited alienations
Sec. 118 of CA 141 proscribes the alienation or
encumbrance of land acquired under a free patent or REGISTRATION UNDER THE INDIGENOUS
homestead patent within 5 years from the grant of the PEOPLES RIGHTS ACT
patent. The policy is to give patentee a place where to live Constitutional provisions
with his family
After 5 years but before 25 years from the issuance of the “The State recognizes and promotes the rights of
patent, a homestead may be disposed of subject to the indigenous cultural communities within the framework of
approval of the DENR Secretary; but land covered by a national unity and development.” (Sec. 2 Art. II)
free patent may be disposed of after 5 years.

“The State, subject to the provisions of this

Constitution and national development policies and
programs shall protect the rights of indigenous cultural
REGISTRATION UNDER SEC. 48(B) OF THE PUBLC communities to their ancestral lands to ensure their
LAND ACT (CA NO. 141) economic, social, and cultural well-being.
The Congress may provide for the applicability of
“Sec. 48. x x x (b) Those who by themselves or customary law governing property rights or relations in
through their predecessors in interest have been in open, determining the ownership and extent of ancestral
continuous, exclusive, and notorious possession and domain.”
occupation of alienable and disposable lands of the public
domain, under a bona fide claim of acquisition of Indigenous concept of ownership
ownership;, since June 12, 1945, except when prevented by
war or force majeure. These shall be conclusively The IPRA recognizes the existence of the indigenous
presumed to have performed all the conditions essential to cultural communities or indigenous peoples (ICCs/IPs)
a Government grant and shall be entitled to a certificate of as a distinct sector in Philippine Society.
title under provisions of this chapter.” It grants these people the ownership and possession of
Slide 515 their ancestral domains and ancestral lands, and defines
the extent of these lands and domains.
There are no material differences between Sec. 14(1) of PD The ownership given is the indigenous concept of
No. 1529 and Sec. 48(b) of CA No. 141. ownership under customary law which traces its origin to
While the Public Land Act (PLA) refers to “agricultural native title.
lands of the public domain” and the Property Registration
Decree (PRD) refers to “alienable and disposable lands of
the public domain,” the subject lands are of the same type Ancestral lands/domains are not deemed part of the lands
since under the Constitution, alienable lands of the public of the public domain but are private lands belonging to
domain shall be limited to agricultural lands. ICCs/IPs who have actually occupied, possessed and
utilized their territories under claim of ownership since
time immemorial.
Sec. 48(b), CA 141, as amended by PD 1073, requires Native title refers to pre-conquest rights which, as far back
possession since June 12, 1945, or prior thereto as memory reaches, have been held under claim of private
But land need be classified as A and D land at the time of ownership by ICCs/IPs, have never been public lands and
the filing of the application for registration ( Malabanan vs. are thus indisputably presumed to have been held that way
Court of Appeals, GR No. 179987, April 29, 2009) since before the Spanish Conquest.

When the conditions specified in Sec. 48(b) of the

PLA are complied with, the possessor is deemed to have The National Commission on Indigenous Peoples (NCIP)
acquired, by operation of law, a right to a grant, without the has the authority to issuer certificates of ancestral domain
necessity of a certificate of title being issued. title (CADT) or certificates of ancestral land title (CALT).
Compliance with all requirements for a government grant
ipso jure converts land to private property. The recording of CADT and CALT in the Office of the
The land ceases to be of the public domain and beyond the Register of Deeds does not result in the issuance of Torrens
authority of the DENR to dispose of. certificate of title.

Registration under Sec. 48(b) of the PLA presumes The purpose of registration is simply to apprise the public
that the land was originally public agricultural land but of the fact of recognition by the NCIP of specific claims to
because of adverse possession since June 12, 1945, the portions of the ancestral domains or ancestral lands.
land has become private.
Modes of acquisition
The rights of ICCsIPs to their ancestral domains and The Lands Management Bureau (LMB) shall first issue a
ancestral lands may be acquired in two modes: sales certificate to the occupant who shall pay the purchase
 By native title over both ancestral lands and domains; price in installments.
or
 By Torrens title under the Public Land Act (CA No.
141) of the Property Registration Decree (PD No. The purchaser becomes the owner upon the issuance of the
1529) with respect to ancestral lands only. certificate of sale, subject to cancellation in case the price
agreed upon is not paid in full
Upon full payment, the government shall then issue a final
Requirements for registration deed of conveyance to the purchaser
 The applicant is a member of an indigenous cultural No lease or sale shall be valid until approved by the DENR
group; Secretary (Manotok v. Barque, GR No. 162335, Aug. 24,
 He must have been in possession of an 2010)
individually-owned ancestral land for not less than
thirty (30) years;
 By operation of law, the land is already classified as A Sale of friar lands is different from sale of public lands:
and D, even if it has a slope of 18% or over, hence, In sale of public lands, the land is opened for bidding; the
there is no need to submit a separate certification that successful bidder is given right of entry and to cultivate
the land is A and D. and improve the land.
Upon cultivation of 1/5 of the land, the applicant is given a
Slide 526 sales patent
In the case of friar lands, the purchaser becomes the owner
Transfer of land or property rights upon issuance of the certificate of sale in his favor.
The rights of ownership over ancestral lands may be
transferred subject to the following limitations: MULTIPLE CHOICE QUESTIONS
Only to members of the same ICCs/IPs;
In accord with customary laws and traditions; and
Subject to the right of redemption for a period of fifteen 1. The real purpose of the Torrens system of registration is
(15) years if the land was transferred to a non-member. (a) to quiet title to land.
Ancestral domains belong to all generations and therefore (b) to recognize a valid and subsisting interest in land.
cannot be sold, disposed or destroyed. (c) to bar innocent third parties from claiming an
interest in the land.
(d) to furnish a shield for fraud.
CADASTRAL PROCEEDINGS
2. The Regalian doctrine embodies the concept that:
The purpose is to serve the public interest by requiring that (a) all alienable and disposable lands of the
the titles to any unregistered lands “be settled and public domain belong to the State.
adjudicated.” (b) all lands not clearly within private ownership
The government initiates the proceeding so that all private presumptively belong to the State.
lands in the town are registered in one single proceeding. (c) all lands not covered by Spanish titles
Government surveyors give advance notice to survey presumptively belong to the State.
claimants of date of survey to afford them to indicate their (d) the King is regarded as the true and only
claims during the survey. source of title.

After survey, the government files the petition with the 3. In what instances may first level courts exercise
RTC so that all claimants and possessors shall be heard on jurisdiction to hear land registration cases?
their claims. (a) Where the application is not the subject of
Jurisdiction of cadastral court over previously titled lands any adverse claim.
limited to correction of technical errors in the description (b) Where the assessed value of the land does not
of the land. exceed P500,000 as shown by the affidavit of the applicant
Decision declaring land as public land not a bar to a or corresponding tax declaration.
subsequent action for confirmation of title over the same (c) Where the land is not contested, or even if
land. contested, has an assessed value not exceeding P100,000.
(d) Where its exercise is delegated by the
\ Supreme Court.
DISPOSITION OF FRIAR LANDS
(Example: Banila Estate, Piedad Estate, Tala Estate, etc.)
4. The following may properly interpose an opposition to
Friar lands are not public lands but private or patrimonial the application for registration:
property of the government. (a) a homesteader who has not yet been issued
Friar lands were purchased by the government for sale to his title but has fulfilled all the conditions. required by law
actual occupants under Act No. 1120 (Friar Lands Act) for the issuance of patent.
(b) a foreshore lease applicant.
 (c) a sales applicant pending issuance of the
order of award.
(d) the holder of timber license agreement duly 10. Registration is not a mode of acquiring ownership. It is
approved by the DENR. simply a procedure

5. What is the prescriptive period for an action for (a) to ensure that third parties may not assert any
compensation against the Assurance Fund? claim or interest in the land thereafter.
(a) 4 years. (b) to establish proof of one’s claim of ownership
(b) 6 years. in the land.
(c) 10 years. (c) to remove all liens and encumbrances in the
(d) imprescriptible. land.
(d) to assure the claimant a better title than what
6. PD No. 892, dated February 16, 1976, has outlawed he actually has.
Spanish titles as evidence of ownership in registration
cases. However,
(a) such a title may still be presented in evidence 11. Lot X is registered in the name of “Pedro, married to
if accompanied by a survey plan executed prior to February Maria.” Pedro sells the land to Jose without the written
16, 1976. consent of Maria. May the Register of Deeds refuse
(b) such a title may still be presented if it is in the registration?
nature of a possessory information title.
(c) such a title is absolutely barred without if’s or (a) No, the land belongs solely to Pedro, the
but’s. registered owner.
(d) such a title may still be presented in evidence (b) Yes, there is nothing in the deed of sale to
if accompanied by its English translation. show that Pedro alone acquired the land in his own right.
(c) No, the lack of consent of Maria is fatal, there
7. The basis of the rule that the land sought to be registered being no showing that she is incapacitated to give her
is already A and D “at the time the application for consent to the sale.
registration is filed” is that: (d) Yes, the deed of sale does not bear the
signature of Maria who is presumed co-owner of the land.
(a) it is only when the land is classified as A and
D that the State is deemed to have abdicated its exclusive 12. Registration under the Torrens system is a proceeding
prerogative over the land. in rem. This means that
(b) it is hardly possible to look for witnesses who (a) all interested persons are notified of the
could testify as to the status and condition of the land on or proceedings and have a right to appear in opposition to the
before June 12, 1945. application for registration.
(c) prior to the classification of the land as A and (b) the proceeding is against all known occupants
D, the land still remains part of the forest zone, hence, and adjoining owners of the land.
inalienable. (c) the proceeding aims generally to bar some
(d) previous rulings of the Supreme Court individual claim or objection so that certain persons who
requiring that the land be declared A and D as of June 12, claim an interest in the land are entitled to be heard.
1945 are merely obiter dicta. (d) the proceeding shall be based on the generally
accepted principles underlying the Torrens system.

8. Which of the following is incorrect: A Presidential

proclamation reserving land for a specific public purpose 13. The court, in an order dated June 13, 2009, set the
(a) is valid if already classified as A and D. initial hearing of the case on September 25, 2009.
(b) is a matter of judicial notice. Judgment was for the applicant. OSG contends that the
(c) is an asseveration of Regalian right. notice of initial hearing is defective and/or it did not vest
(d) is issued in the exercise of the State’s dominical the trial court with jurisdiction over the case. Is the OSG
authority. correct?
(a) Yes for the initial hearing should have been
9. The function of the Register of Deeds to register set not later than September 11, 2009, or 90 days from
instruments affecting registered land is ministerial. June 13, 2009.
Accordingly, (b) No since the issuance and publication of the
notice of initial hearing involved a process in which the
(a) his duty is compellable by mandamus. applicant has had no participation.
(b) he has no discretion to determine the intrinsic (c) No since the publication of the notice is
validity of the instrument provided that it is in due form. jurisdictional.
(c) his duty is to register the instrument without (d) No since the notice, as published, already
prejudice to a determination of its validity before the gave sufficient notice to all interested parties of the
proper forum afterwards. actual date of hearing.
(d) his duty is to register the instrument unless
enjoined by the LRA.
14. Which of the following may be considered sufficient to 19. Amendments to the application for registration may be
show the prior classification of the land as A and D? allowed. However,
(a) Cadastral survey of a municipality (a) it is not permissible to make amendments
preparatory to the filing of the petition for cadastral after the registration of the property has been decreed
proceedings. except upon order of the court.
(b) Titling of properties around the land subject (b) the amendment is proper only when the
of registration. inclusion of additional area is very negligible, or smaller
(c) Report and recommendation of the District than the original area.
Forester for the release of the property from the (c) the amendment must bear the conformity of
unclassified region. the Solicitor General as counsel for the government in all
(d) Executive proclamation withdrawing from a land registration proceedings.
reservation a specific area and declaring the same open for (d) the amended survey plan must first be
entry, sale or other mode of disposition. approved by the LRA.

15. Foreshore and submerged areas belong to the public 20. In order that additional area may be included in the
domain and remain inalienable unless: original area subject of registration, the applicant should:
(a) reclaimed by appropriate authority (a) withdraw his original application and file a
(b) declared no longer needed for public service new one to include the additional area.
(c) declared as alienable lands and no longer needed (b) file a separate application for the additional
for public service area.
(d) reclaimed, classified as A and D and further (c) amend his application to include the
declared no longer needed for public service. additional area subject to the requirements of publication.
(d) file a separate application for the additional
16. To show the identity of the land for purposes of area and move for the consolidation of said application
registration, and in line with prevailing rule, with the original application for registration.
(a) the submission of the tracing cloth plan is
mandatory. 21. Petitioner bought registered land on July 5, 2009. At
(b) the survey plan and technical description the time he registered the sale on January 5, 2010, a writ
must be approved by the LRA. of attachment was already inscribed on the vendor’s title
(c) the submission of a certified copy of the on August 5, 2009. Which of the following is false?
blueprint or whiteprint plan as approved by the DENR (a) the levy on attachment lost its efficacy by the
Regional Executive Director will suffice. subsequent registration of the prior sale.
(d) the submission of a certified copy of the (b) the levy subordinated the right of petitioner as
blueprint or whiteprint plan will suffice if the area does not purchaser.
exceed the Constitutional limit. (c) the attachment remained valid until discharged.
(d) the execution sale should be upheld because it
17. When is a right to property deemed vested? retroacts to the date of levy.
(a) When the right to its enjoyment, present or
prospective, has become the property of a particular 22. Overt acts of possession may consist in introducing
person. valuable improvements on the property like fruit-bearing
(b) When it is no longer subject to question in trees. In Republic v. Court of Appeals and Chavez (GR No.
any proceeding. L-62680, Nov. 9, 1988), the Court held that in a practical
(c) When the property was already released from and scientific way of planting,
the forest zone at the start of possession in the concept of (a) it takes only 5 years for coconut trees and 3
owner. years for mango trees to begin bearing fruit.
(d) When it is fixed by a legislative enactment or (b) it takes only 10 years for mango trees and 5
municipal ordinance. years for coconut trees to begin bearing fruit.
(c) it takes only 3 years for coconut trees and 5
18. If publication of the notice of initial hearing in the OG years for mango trees to begin bearing fruit.
“shall be sufficient to confer jurisdiction upon the court” (d) it takes only 10 years for coconut trees and 5
(Sec. 23, PD 1529), is there still a need to publish the years for mango trees to begin bearing fruit.
notice in a newspaper?
(a) No more since the law expressly provides that 23. The capacity to acquire private land is determined by
publication in the OG is sufficient. the capacity
(b) Yes because practically no one reads the OG (a) to convert the land to its maximum
anyway. productivity.
(c) No more since it is not fair that the applicant (b) to acquire public land.
should be unduly burdened by additional expenses for (c) to proffer well-nigh incontrovertible proof of
publication. possession since June 12, 1945 or prior thereto.
(d) Yes because publication in the newspaper is (d) to show full compliance with the residence
part of procedural due process. and cultivation requirements by oral and documentary
evidence.
24. In determining the sufficiency of the evidence in a (b) No because the government is already
registration case, the Supreme Court generally may not concluded by the judgment, having interposed its
re-evaluate the findings of fact of the trial and appellate opposition to the application for registration.
courts. The recognized exceptions are: (c) Yes because the government is not bound by
(a) when the findings of fact are conclusions the mistakes or errors of its agents.
without citation of specific evidence on which they are (d) No because the land is now transferred to a
based third person.
(b) when the appellate court, in making its
findings, went beyond the issues in the case. 30. To avail of a petition for review,
(c) when the petitioner disputes the jurisdiction (a) the petitioner must allege facts surrounding
of the trial court. the trial which prevented a fair and just determination of
(d) “a” and “b”. the case.
(b) the petition must be filed within 60 days from
25. The Civil Code provides that accretion belongs to the the finality of the decision of the court.
owners of the land adjoining the banks of the river. It is (c) the petitioner must await the expiration of one
however necessary that the accretion year from the issuance of the decree of registration.
(a) must have taken place for such length of time (d) the property has not passed to an innocent
as to ipso jure convert the same into private ownership. purchaser for value.
(b) is made through the effects of the current of
the water. 31. An action for reversion filed by the Solicitor General is
(c) is formed by the natural change in the course proper where defendant’s title covers
of the river. (a) land consisting of alluvial deposits caused by
(d) must have been formed gradually and the action of the sea.
imperceptibly for a period of not less than 10 years. (b) land which had been previously titled through
cadastral proceedings.
26. The primary purpose of cadastral proceedings is (c) land subject of irregular reconstitution
(a) to determine conflicting claims of ownership proceedings.
in the area subject of cadastral survey. (d) land forming part of the friar lands estate..
(b) to provide a remedy, without any expense, for 32. What is the concept of ownership of ancestral
the correction of errors in the technical description of lands domains?
already titled so as to conform to the cadastral survey. (a) They are part of the lands of the public
(c) to settle and adjudicate title to lands. domain under the concept of jura regalia.
(d) to determine the priority or relative weight of (b) They are the private but community property
two or more certificates of title for the same land. of indigenous peoples.
(c) They, and all natural resources therein,
27. Land subject of registration may be “dealt with” after belong in private ownership to indigenous cultural
the filing of the application and before the issuance of communities based on native title.
decree. In case of sale, for instance, it is required that (d) They are owned by the State pursuant to
(a) the buyer is made a party to the case. Section 2, Article XII which states that all lands and all
(b) the buyer shows proof that he is qualified to other natural resources are “owned by the State.”
register the land in his name.
(c) the application for registration is amended by 33. Recovery from the Assurance Fund is possible
substituting the buyer for the applicant. (a) when private defendant is insolvent.
(d) the instrument evidencing the transaction is (b) when plaintiff failed in his action for
presented to the court for appropriate consideration. reconveyance.
(c) when plaintiff is deprived of any interest in
28. The duty of the LRA Administrator to issue a decree of land on account of bringing land under the Torrens system.
registration is ministerial, the reason being that (d) when the Register of Deeds failed to
(a) his refusal would subject him to contempt of exercise due care to forestall fraudulent registration.
court.
(b) he is an officer, and acts upon order, of the 34. When a deed of sale presented for registration is
court. forged,
(c) the winning party has an absolute right to the (a) the registered owner does not lose his title to
fruits of the verdict. the land.
(d) the issuance of the decree is an express (b) the transferee can recover damages from the
component of his official functions. Assurance Fund.
(c) the transferee can ask the true owner to
29. Pedro applied for the registration of land. The execute a deed of sale in his favor.
government opposed. Judgment was rendered in favor of (d) the Register of Deeds should elevate the
Pedro, which became final. Thereafter, Pedro sold the land matter to the LRA via en consulta.
to Jose. Can the government appeal the judgment?
(a) No because a final judgment can no longer be 35. The burden of proving the status of a purchaser in good
the subject of appeal. faith is discharged
 (a) by one who asserts that status. (b) No because title to registered land is
(b) by invoking the legal presumption of good imprescriptible.
faith. (c) Yes because the adverse claim serves as a
(c) by proof that the vendor is the true owner of notice that the adverse claimant has a better right to the
the property sold. land than the registered owner thereof.
(d) by proof that the property was unencumbered (d) No because prescription for the acquisition of
at the time of the sale. title is never presumed.

36. Jose forged the signature of the registered owner, Pedro, 41. Reconstitution denotes reconstruction of a lost or
in a deed of sale purportedly made by the latter in favor of destroyed original certificate of title. The term “any other
Mario who paid the full purchase price thereof. Is Mario a document” as a source of reconstitution may include
buyer in good faith? (a) an order of the court for the issuance of the
(a) No because as a cautious person he should decree.
have first determined in the office of the Register of Deeds (b) an approved survey plan and technical
who the true owner of the property is. description of the land.
(b) No because the forged deed does not convey (c) a certification by the LRA that a decree of
any valid title. registration was in fact issued.
(c) Yes because a buyer of registered land need (d) none of the above.
not go beyond the four corners of the title to determine any
flaw in the title or ownership of his vendor. 42. Gan Tan lost his title when his house was burned in
(d) Yes because he has paid the full purchase 1995. He filed for reconstitution in 2004. The court denied
price of the land. the petition based on a BID certification submitted by the
OSG that Gan Tan is an alien. In case of appeal, how
37. Pedro sold registered land to an alien. The sale was not should the case be resolved?
registered. Realizing that the sale is prohibited, Pedro seeks (a) The appeal should be denied because Gan Tan
to recover the land from the alien vendee. Will the action being an alien is disqualified from owning land in the
prosper? country.
(a) Yes because the sale is not yet registered. (b) Reconstitution should be ordered because a
(b) No because both Pedro and the alien vendee Torrens title, as a rule, is irrevocable and indefeasible.
are in pari delicto. (c) The appeal should be dismissed since petitioner
(c) No because Pedro is estopped from has lost his right to the land on the ground of laches.
impugning the sale. (d) Reconstitution should be ordered because a Torrens
(d) Yes because the prohibition is designed for title cannot be collaterally attacked.
the protection of the Filipino vendor.
43. Under the Indigenous Peoples Rights Act (RA No.
38. Minerals are discovered underneath Pedro’s titled 8371), registration under the Torrens system of
property. Who has the right to exploit the minerals? individually-owned ancestral land requires
(a) The government has the absolute right to (a) possession for not less than 30 years
exploit the minerals. immediately prior to the approval of the law on October 29,
(b) Pedro has the right to exploit the minerals 1997.
because he is the absolute owner of the land. (b) possession since June 12, 1945 or earlier.
(c) Pedro does not have the right to exploit the (c) possession for not less than ten (10) years in
minerals because he owns the surface area only. good faith.
(d) The government has the right to exploit the (d) possession for not less than thirty (30) years.
minerals upon prior expropriation of the property.
44. OCT No. 38621 was decreed in the name of “Pedro
39. The purpose of a notice of lis pendens is Valdez, married to Lita Marquez”. Because of the loss of
(a) to fortify the claim of ownership of the party the original copy of the title, Pedro petitioned the court for
causing the registration thereof. reconstitution. During the pendency of the case, Lita died.
(b) to prevent the owner of the property from Assuming that the petition is substantiated, the court
alienating it while the case is still pending trial. should issue an order of reconstitution:
(c) to advise third persons who purchase the (a) in the name of “Pedro Valdez, widower”.
property that they do so at their peril. (b) in the name of “Pedro Valdez, married to Lita
(d) to put the owner on notice that he holds the Marquez, deceased”.
property in trust for the person causing the annotation of (c) in the name of “Pedro Valdez, married to Lita
the lis pendens. Marquez”.
(d) in the name of “Pedro Valdez”.
40. May an adverse claim of ownership, based on
prescription and adverse possession, be registered over 45. If the Register of Deeds is unsure whether or not an
registered land? instrument affecting registered land is registrable, he
(a) Yes because adverse claim aims to protect the should
interest of the person claiming ownership of the land. (a) return the document to the registrant for the
reformation of the instrument.
 (b) ask the registrant to elevate the matter to the 50. In 1995, Pedro, a natural born Filipino, bought an
LRA for the resolution of the issue via en consulta. agricultural land from Jose who has been in possession
(c) himself refer the matter to the LRA for the thereof as owner since 1942. Pedro migrated to Japan
determination of the issue. where he acquired Japanese citizenship. He came back to
(d) advise the registrant to file an adverse claim the Philippines in 2010 and applied for the registration of
in the meantime pending further study and determination of the land which is now industrial in character. The
the issue. government opposed since Pedro is now an alien. Is the
opposition valid?
46. Every purchaser of registered land – (a) Yes because aliens are disqualified from
(a) is charged with notice of all liens acquiring lands in the Philippines.
whether or not annotated on the title, (b) Yes because even privately owned
(b) should first investigate to determine the unregistered lands are presumed to be public lands
condition of the property. under the Regalian doctrine.
(c) may safely rely on the validity of the (c) No because the land at the time of its
title. acquisition by Pedro is deemed already a private land.
(d) should cautiously look behind the (d) Yes because industrial lands may only be
certificate to determine the true owner. leased to aliens.

47. May a Dutch national validly purchase a residential 51. To secure a loan, Pedro mortgaged his titled property to
unit in a townhouse project constituted under the the bank. The mortgage was annotated on the title.
Condominium Act? Subsequently, Jose filed suit with the RTC to quiet title and
(a) No because aliens, whether individuals or to nullify Pedro’s title. A notice of lis pendens was
corporations, are disqualified from acquiring public lands, annotated on Pedro’s title. For Pedro’s failure to pay, the
hence, they are also disqualified from acquiring private property was sold at auction with the bank as successful
lands. bidder. Meantime, the RTC rendered judgment nullifying
(b) Yes because for as long as 60% of the Pedro’s title as well as the mortgage to the bank. The bank
members of the condominium corporation are Filipinos, the now claims that it is both a mortgagee and buyer in good
remaining members can be foreigners. faith. Is the bank correct?
(c) Yes because the unit owner is simply a
member of the condominium corporation and the land (a) No because the bank is a transferee pendente
remains owned by the condominium corporation. lite, subject to the results of the pending litigation.
(d) (b) and (c). (b) No because no valid lien can arise from a
void title as Pedro’s.
48. If only a portion of the land covered by a certificate of (c) Yes because the notice of lis pendens cannot
title is sold by the owner, and the deed is presented for affect the mortgage previously registered.
inscription, the Register of Deeds (d) No because Pedro’s title was declared void,
(a) shall annotate the deed by way of and the mortgage being but an accessory contract, is also
memorandum on the grantor’s certificate of title, original void.
and duplicate.
(b) shall not enter any transfer certificate to the 52. The registration of an instrument affecting registered
grantee until a plan of the land showing all the portions or land
lots into which it has been subdivided shall have been (a) operates as a notice to all persons at the
verified and approved. time of registering.
(c) shall issue a new certificate of title to the (b) gives effect to the instrument.
grantee for the portion conveyed and at the same cancel the (c) forecloses a judicial declaration of its
grantor’s certificate partially with respect only to the invalidity.
portion conveyed. (d) records an existing title.
(d) (a) and (b).
53. The cancellation of a notice of lis pendens
49. Pedro decides to sell his property to Jose only to (a) is contingent on the existence of a final
discover the loss of his owner's duplicate certificate of title judgment.
covering it. What initial recourse should Pedro take? (b) is proper where it appears that the case
(a) Report the fact of loss to the police and then has been unnecessarily prolonged.
file a petition for replacement of the lost title before the (c) may only be made at the instance of the
court. adverse party.
(b) Send a notice under oath to the Register of (d) may be made motu proprio by the
Deeds of the province or city where the land lies as soon as Register of Deeds if it appears that the notice was
the loss is discovered. filed to molest the adverse party.
(c) Promptly file with the proper court a verified
petition for replacement of the lost title. 54. Mineral resources are owned by
(d) Proceed with the documentation of the sale (a) the State, subject to privates rights if any
and then file a petition for replacement of the lost title. there be.
 (b) the owner of the property where they are (b) No because land tenure is not indispensable
found. to the free exercise of religion.
(c) the State. (c) Yes because the acquisition of the land is
(d) the indigenous peoples when they are strictly for religious purposes, i.e., upon which to
found within ancestral domains. build churches and charitable institutions.
(d) Yes because the religious organization has no
55. Which of the following statements is not correct: capital stock, and so the Constitutional inhibition
(a) Because the majority of land in the does not apply.
country are agricultural lands, courts have a right to
presume that lands are agricultural unless shown 61. Mangrove swamps are not registrable. They are under
otherwise. the jurisdiction of the
(b) By reason of the rapid growth of timber (a) Bureau of Forest Development.
or minerals today, lands classified as agricultural (b) Bureau of Fisheries and Aquatic Resources.
today may be differently classified tomorrow. (c) Department of Environment and Natural
(c) In classifying lands, each case must be Resources.
classified upon the proof in a particular case. (d) Lands Management Bureau.
(d) When a tract of land has trees upon it, it
is sufficient to declare the legal classification of the 62. The registration court
land as forest land. (a) must personally hear the parties and
receive their evidence.
56. Private lands taken by the government for public use (b) may refer the case to the clerk of court
through expropriation become for the reception of evidence.
(a) private property. (c) may refer the case to a referee but the
(b) public lands. court may accept or reject his report.
(c) patrimonial property. (d) may not refer the case to a referee for
(d) part of the public domain. hearing because judicial power is vested in the court
itself.
57. A cadastral proceeding is initiated by the government.
Relevantly, 63. Which statement is correct?
(a) Lands subject of a cadastral survey are (a) Public land is not synonymous with
deemed registrable lands. public domain.
(b) Lands cadastrally surveyed, excluding (b) Public land includes all lands of
forests, water bodies and other natural resources, are government ownership.
automatically considered A and D lands. (c) Government land and public land are
(c) Lands inside a cadastre must be synonymous terms.
officially declared A and D to be registrable. (d) The government owns real estate which
(d) Lands titled through cadastral is part of the public lands and other real estate which
proceedings cannot be sold within 5 years from the is not a part thereof.
issuance of the decree.

58. The date of the initial hearing of a registration case 64. Non-publication of the notice of initial hearing in a
shall be not earlier than newspaper of general circulation
(a) 60 days from the date of the order. (a) affects the jurisdiction of the court.
(b) 90 days from the date of the order. (b) does not affect the jurisdiction of the
(c) 120 days from the date of the order. court.
(d) 45 days from the date of the order. (c) is not consequential since jurisdiction is
acquired by the publication of the notice in the
59. The remedy available to the interested party for the Official Gazette.
Register of Deeds’ denial of his request for the issuance of (d) does not affect the applicant’s claim of
a certificate of title pursuant to a court judgment is: ownership.
(a) To cite the RD in contempt.
(b) To file a mandamus petition versus the RD.
(c) To appeal the RD’s denial to the LRA via
consulta. 65. An order of general default
(d) To file administrative charges against the RD (a) may be modified or amended only
with the LRA. before the presentation of evidence by the applicant.

60. Can a deed of donation of a parcel of land by a Filipino (b) precludes the filing of a motion for
citizen to a religious organization whose trustees are reconsideration by the oppositor who is concluded by
non-Filipinos, be admitted by the RD for registration? the default order.
(a) Yes because to disqualify the corporation (c) may be revoked upon motion within 90
would be a violation of its religious freedom. days from the date of the default order.
 (d) does not preclude the party in default (c) lack of publication may be corrected by
from filing a motion to set aside the default order. publication of the notice before judgment.
(d) the proceeding is valid if not contested
66. Under PD No. 1529, the registration court shall decide by the Solicitor General.
the case within how many days from the date the case is
submitted for resolution?
(a) 90 days. 72. Which of the following is false?
(b) 120 days. (a) a judicial foreclosure of mortgage is a quasi
(c) 1 year. in rem proceeding
(d) 30 days. (b) An action to recover a parcel of land is a real
action and, hence, an action in rem.
67. The certification by the LRA that publication, mailing (c) Suits to quiet title are not technically suits in
and posting of the notice of initial hearing have been rem but are characterized as quasi in rem.
complied with (d) An action to recover a parcel of land is an
(a) is immaterial to the applicant’s claim of action in personam.
ownership.
(b) may be considered because of the
presumptive regularity in the performance of official 73. Lands invaded by the sea
functions. (a) belong to the affected municipality as
(c) is subject to contrary proof. municipal waters.
(d) is conclusive as to such fact. (b) belong the State as maritime waters.
(c) belong to the State as part of the public
68. An applicant for a homestead or any other mode of domain.
disposition under the Public Land Act (d) may be reclaimed by the affected private
(a) may validly oppose an application for property owner.
registration because of his inchoate interest in the
land.
(b) has no legal right to oppose the 74. The Land Registration Authority (LRA), which is the
application. central repository of records relative to registered lands, is
(c) may join cause with the Solicitor under what office?
General by filing his opposition himself . (a) Department of Agrarian Reform.
(d) has the right to oppose if he has (b) Department of Justice.
improvements on the land. (c) Office of the President.
(d) Department of Environment and Natural
69. Where public land is titled by final judgment, Resources.
(a) the actual occupant is not barred from
filing a petition for relief from judgment.
(b) the Director of Lands may conduct an 75. To be valid and effective, a notice of lis pendens must
investigation to determine whether fraud attended the be
registration. (a) filed simultaneously with the filing of the action
(c) the government cannot entertain any subject of the notice.
administrative protests against the judgment. (b) annotated on both the duplicate certificate of title
(d) the government may file a petition to on file with the Register of Deeds and in the possession of
reopen the proceedings for insufficient evidence to the registered owner.
prove the private character of the land. (c) approved by the court in the pending case.
(d) annotated on the original duplicate certificate of
70. Where no person appears or answers within the time title on file with the Register of Deeds.
allowed,
(a) the court shall enter an order of special 76. To identify and segregate a portion of the public
default. domain for the establishment of court houses in the country
(b) an order of default may likely result in a –
judgment favorable to the applicant. (a) The Supreme Court must issue a
(c) the allegations in the application shall be Resolution en banc for the purpose.
held as confessed. (b) The issuance by the DENR of an
(d) the court may now render judgment Administrative Order is sufficient.
either granting or dismissing the application for (c) The reservation must be established
registration. by a Presidential Proclamation.
(d) There must be a resolution by joint
71. Where there is no publication of the notice of initial houses of Congress.
hearing,
(a) the proceeding is utterly void. 77. Land reclaimed by the government may be sold by the
(b) personal notice to known adjoining government to private parties only
owners may be effected to rectify the omission. (a) when it is not needed for public service.
 (b) pursuant to a legislative act. (d) date of issuance of the decree of registration.
(c) pursuant to a Presidential proclamation.
(d) when no longer needed for coast guard 84. An action for reversion by the State is proper when
service. defendant’s title covers
(a) land consisting of alluvial deposits caused by
the action of the sea.
78. The registration of an instrument affecting registered (b) land previously titled through cadastral
land proceedings.
(a) operates as a notice to all persons at the (c) land within a reservation for public use.
time of registering. (d) (a) and (c).
(b) gives effect to the instrument.
(c) forecloses any judicial declaration of its 85. An adverse claim may be recorded in which of the
invalidity. following instances?
(d) puts in issue an instrument previously (a) lease over land which could not be registered
registered. because the owner’s duplicate title was not
surrendered.
79. Which of the following allegations cannot be a ground (b) existing claims on the land prior to the
for the amendment or correction of a certificate of title? issuance of the certificate of title.
(a) that the registered owner has married. (c) hereditary rights of a person in the land
(b) that new interests not appearing on the registered in her sister’s name.
certificate have arisen. (d) (a) and (c).
(c) that the corporation which is the registered
owner of the land has been dissolved. 86. Opposition to an application for registration must be
(d) that the area should be corrected to conform based on real right or dominion to property. This means
to the new survey tending to show that the evidence that –
introduced at the former hearing was inaccurate. (a) the oppositor must be able to show title to the
property.
80. A Torrens certificate of title (b) the oppositor must have the legal character
(a) protects the true owner from the usurper. necessary to maintain a registration proceeding in his
(b) permits one to defeat the claim of another. own name.
(c) is an effective tool against the commission of (c) it is enough that the oppositor should appear
fraud. to have an interest in the property.
(d) records an existing title. (d) all of the above.

81. An action for reconveyance 87. Under the Water Code, waters found on private lands
(a) seeks to reopen the registration proceedings. belong the State. Which of the following is excluded?
(b) respects the decree as incontrovertible and no (a) continuous or intermittent waters rising on
longer open to review. such lands.
(c) seeks to nullify defendant’s title to pave the (b) lakes and lagoon naturally occurring on such
issuance of a new title to the rightful owner. lands.
(d) confirms plaintiff’s ownership over the (c) rain water falling on such lands.
property. (d) none of the above.

82. Under the Administrative Code, the Solicitor General 88. Pedro files an application for registration. However, the
shall “represent the government in all land registration and land applied for had been previously registered in the name
related proceedings.” This means that: of Jose. What should Jose do?
(a) the SG may deputize any government (a) Jose should file an opposition and present his
prosecutor to assist him in the case. title during the hearing.
(b) notice of court processes, orders and (b) Jose should file an opposition alleging that
decisions received by the prosecutor is notice to the Pedro’s application constitutes a collateral attack on
Solicitor General. his title.
(c) the prosecutor may himself withdraw the (c) Jose should file a motion to dismiss based on
government’s appeal if he finds the same to be res judicata.
without any factual or legal basis. (d) Jose should file a suit for damages against
(d) the prosecutor may enter into a stipulation of Pedro for fraudulently seeking to register land which,
facts or compromise with the applicant. he should know, is already titled to another.

83. The period of prescription in an action for

reconveyance is counted from the 89. The presumption in Article 160 of the Civil Code that
(a) date of the issuance of the title. all property of the marriage belongs to the conjugal
(b) date of the promulgation of the judgment. partnership applies when
(c) discovery of the fraud. (a) the “spouses” are legally married.
 (b) the title is in the name of both husband and 95. A corporation sole may purchase and hold real estate
wife. because -
(c) the spouses are living together. (a) the properties acquired by the corporation
(d) the property was acquired during the pass upon the death of the administrator to his heirs who
marriage. are Filipino citizens.
(b) ownership of said properties fall upon the
90. In reconstitution proceedings, which of the following church or congregation and not upon the incumbent
propositions is wrong: administrator.
(a) The issuance of a reconstituted title does not (c) the corporation exercises ownership
determine the issue of ownership. independently of the nationality of its incumbent
(b) The LRA can motu proprio revoke the administrator.
reconstituted title if the lost or destroyed title is (d) (b) and (c).
subsequently found.
(c) The issuance by the LRA of a reconstituted 96. What is the concept of ownership of ancestral
title is an administrative function. domains?
(d) The doctrine of res judicata applies to judicial (a) Ancestral domains are part of the lands of the
reconstitution. public domain under the concept of jura regalia.
(b) Ancestral domains are the private but
community property of indigenous peoples.
91. Section 14(1) of PD No. 1529 requires possession and (c) Ancestral domains and all natural resources
occupation of the land applied for since June 12, 1945. therein belong to indigenous cultural communities based
Which of the following propositions is false? on native title.
(a) Occupation is broader than possession (d) (a) and (b).
because it includes the latter.
(b) Occupation delimits the effect of constructive 97. Land already decreed in an ordinary registration case
possession. cannot again be the subject of a subsequent cadastral
(c) Possession means acts of dominion which a proceeding because
party would naturally exercise over his own property. (a) once land is judicially decreed, the judgment is
(d) Occupation serves to highlight that res judicata.
possession must not be a mere fiction. (b) the registration in the name of the first owner
is constructive notice to the whole world.
92. An adverse claim is effective for 30 days. To render the (c) to declare the later title valid as against the first
adverse claim functus officio, would undermine the efficacy of Torrens system.
(a) the interested party should formally request (d) all of the above.
the Register of Deeds to cancel the same upon the
expiration of the 30-day period. 98. To avail of a petition for review,
(b) no action is necessary since the adverse claim (a) the petitioner must allege facts surrounding
automatically lapses upon the expiration of the 30-day the trial which prevented a fair determination of the case.
period. (b) the petition must be filed within sixty (60)
(c) the interested party should file a petition in days from the finality of the decision of the registration
court for the cancellation of the adverse claim. court.
(d) it is necessary to await the final outcome of (c) the petitioner must await the expiration of
the case. one year from the issuance of the decree of registration.
(d) the property has not passed to an innocent
93. Can an adverse claim of ownership over registered land, purchaser for value.
based on acquisitive prescription, be registered?
(a) Yes because adverse claim aims to protect the 99. Pedro files a petition for administrative reconstitution
interest of the person claiming ownership thereof. of title, but it appears that the land is already titled in the
(b) No because title to registered land is name of Lim. Lim is a Chinese. What are the options open
imprescriptible. to the LRA?
(c) Yes because adverse claim is a notice that the (a) The LRA should order outright the
adverse claimant has a better right to the land than the cancellation of Lim’s title and proceed to act on Pedro’s
registered owner thereof. petition for reconstitution.
(d) No because acquisitive prescription of title to (b) The LRA should dismiss Pedro’s petition
land can never be presumed. pending the filing by the OSG or the competing claimant of
an action before the RTC for the cancellation of Lim’s title.
94. An action for reconveyance based on a void deed of (c) The LRA should elevate the matter to the
sale for lack of consent Secretary of Justice for advisory opinion.
(a) prescribes in 10 years. (d) The LRA should defer action on Pedro’s
(b) prescribes in 4 years petition pending the results of the action to determine the
(c) is imprescriptible validity of Lim’s title
(d) prescribes in 6 years. 100. Who is the proper party to file an action for
annulment or amendment of the title where it appears that
the Assurance Fund may be held liable for damages due to 107. A certificate of title based upon a public land patent
the unlawful or erroneous issuance thereof? becomes indefeasible within what period?
(a) the Solicitor General (a) 5 years after the issuance of the patent.
(b) the LRA Administrator (b) 1 year from the issuance of the patent.
(c) the LMB Director (c) 1 year from the date of the order of award.
(d) the Register of Deeds (d) 5 years from the approval of the application.

101. The rule that a forged deed may become the root of a 108. What is the consequence of non-payment by the lot
valid title buyer of installments due for failure of the
(a) does not apply where the owner still holds a owner/developer to finish the project within the time
valid title over the land. agreed upon?
(b) applies even where the owner no longer (a) Installments paid shall be forfeited in favor of
holds a valid title to the land. the owner/developer.
(c) applies where the forger obtains a title to the (b) The buyer may ask for the reimbursement of
land and thereafter sells it to another. all amounts paid, but without interest.
(d) (a) and (c). (c) The owner/developer could rescind the
contract.
102. The Assurance Fund is not liable for loss or damage (d) The buyer may suspend further payments
caused by which of the following? until the owner/development had fulfilled its
(a) Breach of trust, express or implied. obligations.
(b) Mistake in the resurvey of registered land
causing expansion of the area. 109. A proceeding for the issuance of a writ of possession
(c) Error in the subdivision of the land resulting is a mere incident in the transfer of title, hence, it is
in the increase in area. impractical to award possession to a purchaser of property
(d) all of the above. with knowledge of the existence of a third-party claim
before said claim has been decided. Which of the following
103. A notice of lis pendens does not accord with this principle?
(a) binds a bona fide purchaser of the property in (a) The court may not grant the writ where title is in
dispute. doubt.
(c) creates a right or lien that previously did not (b) The prudent course of action is to hold in abeyance
exist. proceedings for the issuance of the writ.
(c) binds a purchaser, whether bona fide or not, (c) The true owner must resort to judicial process for
of the disputed property. the recovery of the property.
(d) is part of the doctrine of notice. (d) The interested party should resort to mandamus
since issuance of the writ is ministerial.
104. An action for reconveyance of land valued at P15,000 110. An action for reconveyance based on an implied or
should be filed with what court? constructive trust prescribes in how many years from the
(a) the second level court of the province where issuance of the title over the property?
the land lies. (a) 4 years.
(b) the second level court or first level court of (b) imprescriptible.
the place where defendant resides. (c) 10 years.
(c) the first level court of the municipality where (d) 6 years.
the land lies.
(d) the second level court of the place where 111. The State may prosecute for perjury the party who
plaintiff resides. obtains registration through fraud, such as by stating false
assertions in the sworn application of applicants? Thus
105. Where the object of the plaintiff is to recover premised, which of the following is false?
possession of real property as owner, the proper action is: (a) A judgment on the guilt of the accused would not
(a) forcible entry and detainer. undermine the indefeasibility of Torrens titles.
(b) accion reivindicatoria. (b) To give immunity from prosecution to those successful
(c) accion publiciana. in deceiving the registration court would be putting a
(d) declaratory relief. premium on perjury.
(c) The prosecution for perjury would amount to an
106. An action to quiet title to property in the possession of attack on the validity of the titles which are presumed
the plaintiff is imprescriptible, the reason being that: valid.
(a) he has a continuing right to the aid of a court (d) Any judgment rendered in the criminal case would
of equity to remove a cloud on his title. leave the titles undisturbed.
(b) he may wait until his title is attacked before
taking steps to vindicate his right. 112. Laches is the failure or neglect to assert a right within
(c) possession is a continuing right as is the right reasonable time. Which is not correct in the following
to defend such possession. statements?
(d) all of the above. (a) Laches is concerned with the fact of delay.
(b) Laches applies in equity.
 (c) Laches is concerned with the effect of delay. (c) The crime is regarded as malum prohibitum.
(d) Laches is not based on a fixed time. (d) The determination of liability rests with the
HLURB.
113. The writ of possession may not be issued in which of
the following?
(a) in a land registration proceeding. 119. Can the plaintiff in an action for specific performance
(b) in a petition for reconstitution. compel defendant, in the same action, to surrender the
(b) in an extrajudicial foreclosure of a realty duplicate certificate of title to the Register of Deeds (RD)
mortgage. for the registration of the sale?
(c) in a judicial foreclosure of mortgage. (a) No. He must file a separate petition in court
to compel surrender of the same to the RD.
114. What options are open to the mortgagee in case the (b) Yes, this being a necessary incident in the
mortgagor dies? main case.
(a) waive the mortgage and claim the entire debt (c) No. The issue should be threshed out in an
from the estate of the mortgagor as an ordinary claim. ordinary action.
(b) foreclose the mortgage judicially and prove (d) Yes, to avoid multiplicity of suits.
any deficiency as an ordinary claim.
(c)Rely on the mortgage exclusively, foreclosing 120. Which of the following (sample) allegations in a
the same at any time before it is barred by prescription, defendant’s answer to plaintiff’s complaint for quieting of
without right to file a claim for any deficiency. title does not constitute a collateral attack on plaintiff’s
(d) all of the above. title?
(a) that plaintiff is the prior registered owner
115. Within what period may a judgment in a land of the land.
registration case be enforced? (b) that plaintiff is disqualified to acquire
(a) Upon motion within 5 years from the date the land since he is not a Filipino citizen.
of entry. (c) that plaintiff has no cause of action
(b) No further proceeding to enforce the because the land had been previously sold by plaintiff
judgment is necessary. to defendant.
(c) Upon motion within 10 years from the date of (d) that plaintiff’s title was improperly
entry. issued for lack of possession of the disputed property.
(d) Upon motion after finality of judgment
praying that LRA be directed to issue the decree of 121. The registration of a broker engaged in selling
registration. subdivision lots may be revoked when
(a) he has made a material false statement in his
116. The original certificate of title is issued on the date application for registration.
(a) the decree of registration is issued by the (b) he has been guilty of a fraudulent act in the
LRA. sale of a subdivision lot.
(b) the title is given the corresponding number by (c) he has demonstrated his unworthiness as a
the Register of Deeds. broker.
(c) the original and duplicate copies are received (d) all of the above.
by the Register of Deeds from the LRA.
(d) the decree of registration is transcribed. 122. The registration of a broker engaged in selling
subdivision lots may be revoked when
117. The following are sample allegations of actual fraud (a) he has made a material false statement in his
which may be the basis of a petition for the review of a application for registration.
decree. Which is the most serious? (b) he has been guilty of a fraudulent act in the
(a) The Solicitor General has not been furnished sale of a subdivision lot.
with the requisite notices and copy of the decision (c) he has demonstrated his unworthiness as a
granting registration of land within the forest zone. broker.
(b) The applicant failed to show possession and (d) all of the above.
occupation of the land for the length of time required
by law. 123. Over what cases does HLURB have no jurisdiction?
(c) The registration court did not have (a) Claims for refund by a subdivision buyer.
jurisdiction over the res because it is non-registrable. (b) Determination of the criminal liability of a
(d) The prosecutor did not have the authority to broker selling condominium units without a license.
withdraw the appeal of the government. (c) unsound real estate practices.
(d) cases involving specific performance of
118. Section 5 of PD No. 957 prohibits the sale of a contractual obligations filed by subdivision buyers.
subdivision lot without an HLURB license.
(a) The subsequent issuance of the license erases
the offense.
(b) The invocation of good faith extinguishes
criminal liability.
124. A homesteader cannot sell the homestead within 5 Justice Oswaldo D. Agcaoili
years from the issuance of the patent. Which of the Philippine Judicial Academy
following situations is not covered by the prohibition? Supreme Court
(a) Sale made to the homesteader’s own son or
daughter.
(b) Sale made within the prohibitory period but
conditioned that the sale shall not take effect until after the
expiration of said period.
(c) Sale of a portion of the homestead with the
homesteader keeping a reasonable area for himself and his
family
(d) None of the above.

125. Who has jurisdiction over cases involving the

cancellation of registered emancipation patents (EPs),
certificates of land ownership award (CLOAs), and other
titles issued under the agrarian reform program?
(a) The Secretary of Agrarian Reform.
(b) The Department of Agrarian Reform
Adjudication Board (DARAB).
(c) The ordinary courts of justice.
(d) The RTC acting as a Special Agrarian Court
(SAC).

126. Where a tenant farmer appears to have a claim

adverse to the applicant, who among the following need
not be served with the notice of initial hearing?
(a) Director of Fisheries and Aquatic
Resources.
(b) Solicitor General.
(c) Secretary of Agrarian Reform.
(d) Mayor of the city or municipality where
the land is situated.

127. No salesman shall engage is selling subdivision lots

unless registered with HLURB. His registration shall cease
when
(a) he has made a false statement in his application for
registration.
(b) he has demonstrated his unworthiness to transact
business as such.
(c) he has violated any provision in his certificate of
registration.
(d) his employment with a dealer or broker has
terminated.

128. Pedro, a lot buyer, filed a complaint against Asia

Development Corporation (ADC) for mortgaging
subdivision lots (including his) without being first
informed of such fact. Which of the following defenses of
ADC is valid?
(a) that the loan to ADC was granted when the
mortgaged property was not yet subdivided.
(b) that the mortgage was constituted prior to the
actual sale of the lot to Pedro.
(c) that the knowledge or consent of the lot buyer
to the mortgage is not required.
(d) none of the above.

THANK YOU AND

GOOD LUCK