ZEDAKIAH NOTES

LAND TITLES AND DEEDS

LAND REGISTRATION otherwise known as the Property Registration
 a judicial or administrative proceeding whereby a Decree.
person’s claim of ownership over a particular land
is determined, certified and recorded in a public Purposes:
registry. 1. To avoid possible conflicts of title regarding real
property,
Purposes: (CUP QCI) 2. To facilitate transactions relative thereto by giving
1. To issue a CERTIFICATE of title to the owner the public the right to rely upon the face of the
which shall be the best evidence of his ownership Torrens certificate of title and to dispense with the
of the land described therein (Lee Tek Sheng vs. need of inquiring further. EXCEPT when the party
CA, 292 SCRA 544 ) concerned has actual knowledge of facts and
2. To give every registered owner complete PEACE circumstances that should imply a reasonably
of mind (Republic vs. CA, 94 SCRA 865 ) cautious man to make such further inquiry.
3. To relieve the land of UNKNOWN claims (Roxas
vs. Enriquez, 29 Phil 31 ) NOTE:
4. To QUIET title to land and to stop forever any  Registration is not a means of acquiring
question as to the legality of said title (Legarda vs. ownership. (Republic vs. CA, 131 SCRA 539)
Saleeby, 31 Phil 590 )
5. To avoid CONFLICTS of title in and to real estate,  Registration is not equivalent to title. Under the
and to faciltate transactions (Tiburcio vs. PHHC, Torrens system, registration only gives validity to
L– 13479, Oct. 31, 1959) the transfer or creates a lien upon the land. It
6. To guarantee the INTEGRITY of land titles and to merely confirms, but does not confer, ownership.
protect their indefeasibility once the claim of (Lu vs. Manipon, 381 SCRA 788)
ownership is established and recognized (Traders
Royal Bank vs. CA, 315 SCRA 190)  Lands granted under Spanish Mortgage Law which
are not yet covered by certificate of title under
TORRENS SYSTEM Torrens System are considered as unregistered
 A system for registration of land under which, upon lands. (Sec. 3, P.D. 1529)
the landowner’s application, the court may, after
appropriate proceedings, direct the issuance of a TORRENS TITLE
certificate of title.  Certificate of ownership issued by the Register of
Deeds, naming and declaring the owner of the real
 Introduced in the Philippines by Act No. 496, which property described therein, free from all liens and
took effect on February 1, 1903. encumbrances except such as may be expressly
 Was later amended and superseded by P.D. no. noted thereon or otherwise reserved by law.
1529, which took effect on June 11, 1978,

 Conclusive against the whole world; it is It consists of one original copy filed in the
indefeasible, unassailable, and imprescriptible. Register of Deeds, and the owner’s duplicate
certificate delivered to the owner.
 Title once registered cannot be impugned, altered,
changed, modified, enlarged, or diminished except 2. Transfer Certificate of Title is the title issued by
in a direct proceeding permitted by law. the Register of Deeds in favor of a transferee to
whom the ownership of a registered land has been
 A certificate of title accumulates in one document a transferred by virtue of a sale or other modes of
precise and correct statement of the exact status conveyance. It also consists of an original and an
of the real interest held by its owner. (Halili vs. owner’s duplicate certificate.
NLRC, 257 SCRA 174)
Laws Implementing Land Registration
Probative Value: Torrens Title may be received in 1. Property Registration Decree (P.D. 1529, as
evidence in all courts of the Philippines, and shall amended) – amended and superseded C.A. 496)
be conclusive as to all matters contained therein, 2. Cadastral Act (Act 2259, as amended)
principally the identity of the owner, and the metes 3. Public Land Act (Com. Act 141, as amended)
and bounds of the land. 4. P.D. No. 27
5. Comprehensive Agrarian Reform Law of 1988
Two Types of Torrens Certificates of Title ( R.A. No. 6657, as amended)
1. Original Certificate of Title is the first title issued
in the name of the registered owner by the
Register of Deeds covering a parcel of land which
had been originally registered under the Torrens
System by virtue of a judicial or administrative
proceeding.
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 ZEDAKIAH NOTES
Agencies Implementing Land Registration
Proceedings Under the Torrens System  Land formed by accretion is not
1. Courts automatically registered. Claimant
2. Department of Environment and Natural must commence original registration.
Resources ( DENR )
3. Department of Justice ( DOJ ) through the Land  Accretions on the bank of a lake,
Registration Authority (LRA ) and its Register of belong to the owners of the estate to
Deeds which they have been added, while
4. Department of Land Reform (DLR) accretion on the sea bank still belongs
5. Department of Agriculture (DAR ) to the public domain, and is not
available for private ownership until
Regalian Doctrine (jura regalia) formally declared by the government
 Constitutional Basis: Art. 12, Secs. 2 and 3 to be no longer needed for public use.
 a time-honored Constitutional precept that all lands (Republic vs. Amanda vda. De
of the public domain belong to the State, and that Castillo, 163 SCRA 286)
the State is the source of any asserted right to
ownership in land and charged with the  Registration does not protect the
conservation of such patrimony (Republic vs. riparian owner against diminution of
Intermediate Appellate Court, 155 SCRA 412) land through accretion.

 does not negate native title to lands held in private iii. Reclamation
ownership since time immemorial (Cruz vs.  filling up of parts of the sea for conversion
Secretary of Environment and Natural Resources, to land.
347 SCRA 128)
 The SC has ruled that only the National
Modes of Acquiring Title: (I P S O) Government may engage in reclamation
1. By possession of land since time IMMEMORIAL – projects. (Republic vs. CA, 299 SCRA
justifies the presumption that the land had never 199; P.D. 3– A.)
been art of the public domain and that it had been
private property even before the Spanish conquest iv. Emancipation patent or grant based on P.D.
(Republic vs. CA, 335 SCRA 693 ) No. 27 (CARP of 1972) for the purpose of
ameliorating the sad plight of farmers and
2. By possession of alienable PUBLIC land – Under releasing them from the bondage of the
the Public land Act (C.A. No. 141), citizens of the soil.
Philippines who by themselves or through their
predecessors in interest have been in open, v. Title by escheat (Rules of Court, Rule 91)
continuous, exclusive and notorious
possession and occupation of alienable and b. By DONATION
disposable agricultural land of the public
domain under a bona fide claim of ownership c. By TESTATE AND INTESTATE
since June 12,1945, or earlier, except when SUCCESSION
prevented by war or force majeure, shall be  By descent, title is acquired when an heir
conclusively presumed to have performed all the succeeds the deceased owner in testate
conditions essential to a government grant and or intestate.
shall be entitled to a certificate of title. (C.A. No.  By devise, person acquires land from one
141, Secs. 47 and 48 (b) as amended by PD who may not be a relative, if he is named
1073). in the deceased’s will.

3. By SALE, donation, and OTHER modes of d. In consequence of certain CONTRACTS, by

acquiring ownership. (LSDCP) tradition
a. by LAW e. By PRESCRIPTION (NCC, Arts.712, 1134,
examples: 1137) – possession of land for required
i. Free Patents based on the Public number of years and assertion of ownership
Land Acts through an interrupted actual possession of
ii. Title to ACCRETION in river banks property within the period of time prescribed
(NCC, Art.457) by law

 Requisites for accretion:

a) deposit of soil or sediment is gradual
and imperceptible;
b) result of the action of waters of the
river;
c) land where accretion takes place is
adjacent to bank of rivers or sea
coast.
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 ZEDAKIAH NOTES
Administration of the Torrens System Instances When RD May Deny Registration: (NIMP)
1. Land Registration Authority 1. Where there is MORE than 1 copy of the owner’s
 Agency of the government charged with the duplicate certificate of title and not all such copies
execution of laws relative to the registration of are presented in the Register of Deeds
lands and under executive supervision of DOJ. 2. Where the voluntary instrument bears on its face
(Sec. 4 P.D. 1529) INFIRMITY
3. Where the validity of the instrument sought to be
Functions of the Commission: (DR. VICES) registered is in issue in a PENDING court suit
a. Issue DECREES of registration pursuant to final 4. When the document is NOT VERIFIED and
judgments of the courts in land registration notarized (Gallardo vs. IAC, 155 SCRA 248)
proceedings and cause the issuance by the
Registers of Deeds of the corresponding NOTE:
certificates of title  A deed of sale executed in a place other than
b. Exercise SUPERVISION and control over all where the property is located does not affect
Registers of Deeds and other personnel of the extrinsic validity of the instrument as long as
Commission the notary public concerned has authority to
c. RESOLVE cases elevated en consulta by or on acknowledge the document executed within
appeal from the decision of the Register of Deeds his territorial jurisdiction.
d. Exercise EXECUTIVE supervision over all clerks
of court and personnel of the courts with respect to  Notarial acknowledgment attaches full faith
the discharge of their duties and functions in and credit to document and vests upon it
relation to the registration of lands presumption of regularity. (Sales vs. CA, 211
e. IMPLEMENT all orders, decisions, and decrees SCRA 885, 865)
promulgated relative to the registration of lands
and issue, subject to the approval of the Secretary Ways of Registering Title
of Justice, all needful rules and regulations 1. Judicial
f. VERIFY and approve subdivision, consolidation,  filing of petition with the Regional Trial Courts
and consolidation– subdivision survey plans of  issuance of a decree by LRA
properties titled under Act 496 and PD 1529  issuance of Original Certificate of Title (OCT)
except those covered by PD 957 by Register of Deeds
g. Acts as CLERK of court in land registration
proceedings 2. Administrative
 filing of application at CENRO/ PENRO
2. Register of Deeds (RD)  forwarded to the Reg. Director and/or DENR
 The public repository of records of instruments for the issuance of patent and Register of
affecting registered or unregistered lands and Deeds for issuance of OCT
chattel mortgages in the province or city wherein Registrable Lands:
such office is located. (Sec. 10, P.D. 1529) 1. Alienable public agricultural lands
2. Private lands
Function: To immediately register an instrument
presented for registration dealing with real or personal Non–registrable lands:
property which complies with all the requisites for  Those found in Civil Code provisions dealing
registration with non–registrable properties (e.g. property of
public dominion)
Doctrines:
 The function of the Register of Deeds with Specific Kinds of Non–registrable Properties or
reference to the registration of deeds, Lands: (FM)2
encumbrances, instruments and the like is a. Forest or timberland, public forest, & forest reserve
ministerial in nature (Baranda vs. Gustilo, 165 b. Mangrove swamps
SCRA 757). c. Mineral lands
d. Foreshore land & seashore
 The law on registration does not require that only
valid instruments shall be registered. If the NOTE:
purpose of registration is merely to give notice,  Foreshore land is the strip of land that lies
then questions regarding the effect or invalidity of between the high and low water marks and is
instruments are expected to be decided after, not alternatively wet and dry according to the flow of
before registration. It must follow as a necessary the tide. It is part of the public domain and not
consequence that registration must first be susceptible of disposition except by lease.
allowed, and validity or effect litigated afterwards.
(Almirol vs. The Register of Deeds of Agusan, 22 e. Navigable rivers, streams & creeks
SCRA 1152) f. Lakes
g. Military Reservations
h. Watershed
i. Grazing lands
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 ZEDAKIAH NOTES
j. Previously titled land b. boundaries are defined – separate plan for
k. Alluvial deposit along river when man– made each portion must be made by surveyor
and a separate application for each lot
SYSTEMS OF REGISTRATION must be filed with appropriate RTC.

1. ORIGINAL REGISTRATION UNDER PD NO. 3. Setting of date for initial hearing by the court;
1529 4. Transmittal of Application and date of initial
NATURE: proceeding brought before the Regional hearing together with all documents or other
Trial Court (as a land registration court) to evidences attached thereto by the Clerk of Court to
determine title or ownership of land on the basis of the Land Registration Authority;
an application for registration or answer by a 5. Publication of Notice of Filing of Application and
claimant in a cadastral registration. date and place of hearing once in the Official
Gazette and once in a newspaper of general
Kinds of Original Registration: circulation in the Philippines;
1. Voluntary – by filing with the proper court
a) Under P.D. No. 1529 (Property Registration NOTES:
Decree)  it is at this point that the court acquires
b) Under Sec. 48 of CA No. 141, Public Land Act jurisdiction over the subject matter
(Confirmation of Imperfect Title)  this is done by the Administrator who acts as
the clerk of court
2. Involuntary – cadastral proceedings
 compulsory registration initiated by the 6. Service of Notice upon contiguous owners,
government, to adjudicate ownership of land occupants and those known to have interest in the
 involuntary on the part of the claimants but property by the sheriff;
they are compelled to substantiate their claim 7. Filing of Answer or Opposition to Application by
or interest through an answer any person whether named in the notice or not;
8. Hearing of the case by the court;
A. Requisites/Steps in Ordinary Land Registration
Proceedings (P.D. 1529): (SFS– TP– SFH– NOTES:
PIEST)  Republication or amendment of technical
 The following requisites must also be complied description of land is necessary when there is
with in the confirmation of imperfect or incomplete substantial increase of the area of the land. If
title under Section 48 (b) of the Public Land Act: increase is merely minimal, no republication is
needed. (Benin vs. Tuason, 57 SCRA 531)
1. Survey of the land by the Bureau of Lands or a
duly licensed private surveyor; 9. Promulgation of judgment by the court;
10. Issuance of decree or order by the court declaring
NOTES: the decision final and instructing the Land
 must be drawn in a tracing cloth plan Registration Authority to issue a Decree of
 approved ONLY by the Director of Land Confirmation and Registration;
Management (authority of LRA to approve
such plan was withdrawn by P.D. 239 dated NOTES:
July 9, 1983)  it is not the court BUT the LRA which issues
the decree of confirmation and registration
2. Filing of Application for Registration by the  1 year after issuance of decree, it becomes
applicant; incontrovertible and amendments of the same
will not be allowed except merely in case of
NOTES: clerical errors.
 It is always at the RTC of the province, city or  Decree of registration may be reviewed on the
municipality where property is situated. ground of fraud and must be filed within 1 year
 it is then indorsed to the MTC if there is no from entry of the decree.
controversy over the land or its value is less
than P100,000. 11. Entry of Decree in the Land Registration Authority;
 In cases of delegated jurisdiction to the MTC,
appeal is direct to the Court of Appeals. NOTE:
 The Bureau of Land must always be furnished  This serves as the reckoning date to
with a copy of the petition and all pertinent determine the 1– year period from which one
documents. can impugn the validity of the registration.
 If land is situated between boundaries of two
provinces, application must be filed: 12. Sending of copy of Decree to the corresponding
a. boundaries are not defined – in the RTC of Register of Deeds; and
the place where it is declared for taxation 13. Transcription of Decree in the registration book
purposes; and issuance of Owner’s Duplicate Original

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 ZEDAKIAH NOTES
Certificate of Title of the applicant by the Register [Palawan Agricultural and Industrial Co., Inc. vs.
of Deeds upon payment of the prescribed fees. Dir. of Lands, 44 SCRA 15 (1972)]

A. Persons Who May Apply for Original 2. A MORTGAGEE or his successor in interest to the
Registration: (Sec. 14, PD No. 1529) (OPAO) mortgage, notwithstanding the lapse of the period
1. Those who, by themselves or through their for the mortgagor to pay the loan secured to
predecessors–in–interest, have been in OPEN, redeem it. Reason: such act would amount to a
continuous, exclusive and notorious possession pactum commissorium which is against good
and occupation of alienable and disposable lands morals and public policy. [Reyes vs. Sierra, 93
of the public domain under a bona fide claim of SCRA 472, 480 (1979)]
ownership since June 12, 1945, or earlier;
3. An ANTICHRETIC creditor cannot also acquire by
2. Those who have acquired ownership of private prescription the land surrendered to him by the
lands by PRESCRIPTION under the provisions of debtor. Reason: His possession is not in the
existing laws; concept of owner. [Ramirez vs. CA, 144 SCRA
292, 301 (1996)]
3. Those who have acquired ownership of private
lands or abandoned river beds by right of 4. A person or entity whose claim of ownership to
ACCESSION or accretion; and land had been PREVIOUSLY denied in a
reivindicatory action. [Kidpales vs. Baguio Mining
4. Those who have acquired ownership of land in any Co., 14 SCRA 913, 916, 918 (1965)]
OTHER manner provided for by law.
C. Amendments to Application that Require
 where land is owned in common – ALL shall file Publication
jointly;
 sold under PACTO DE RETRO – RULES:
 The court may order, at any time, an application to
GENERAL RULE: VENDOR A RETRO may file. be amended by striking out one or more of the
parcels of land applied for or by a severance of the
EXCEPTION: VENDEE A RETRO, should the publication. (Sec. 18 P.D. 1529)
period for redemption expire during pendency
of registration proceedings and ownership to  Amendments to the application including joinder,
property consolidated in vendee a retro substitution, or discontinuance as to the parties
may be allowed by the court at any stage of the
 under TRUST–TRUSTEE may file proceedings upon just and equitable terms. In
such cases, publication is not necessary.
EXCEPTION: prohibited by the instrument
creating the trust  Publication and notice are necessary where the
amendment to the application consists in: (SIA )
NOTES: a. SUBSTANTIAL change in the boundaries
 All these persons must be natural– born Filipino b. an INCREASE in the area of the land applied
Citizens. However, by way of exception, juridical for
persons may apply for registration of leased c. the inclusion of ADDITIONAL land
agricultural and disposable lands not exceeding
1,000 hectares in area for a period of 25 years and NOTE:
renewable for not more than 25 years. (Sec. 3,  Purpose of the new publication is to give notice to
Chapter XII, 1987 Constitution) all persons concerned regarding the amended
application. Without a new publication, the
 Notwithstanding the prohibition in the 1973 and registration court cannot acquire jurisdiction over
1987 Constitutions against private corporations the area covered by the original application, and
holding lands of the public domain except by the decision of the registration court would be a
lease, still a private corporation may institute nullity insofar as the decision concerns the newly
confirmation proceedings under Section 48(b) of included land. (Benin vs. Tuason, 57 SCRA 531)
Public Land Act if, at the time of institution of the
registration proceedings, the land was already  An amendment due to change of name of the
private land. (Dir. of Lands vs. IAC and ACME applicant does not require republication. [Dir. of
Plywood, 146 SCRA 509) Lands vs. IAC, 219 SCRA 399, 345 (1993)]

B. Persons Who CANNOT File an Application for 2. SUBSEQUENT REGISTRATION

Registration (PAMP)  Where incidental matters after original registration
1. A PUBLIC land sales applicant insofar as the land may be brought before the land registration court
covered by his sales application is concerned. by way of motion or petition filed by the registered
Reason: he acknowledged that he is not the owner owner or a party in interest.
of the land and that the same is public land.

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 ZEDAKIAH NOTES
 Rules as to the Necessity and Effects of registration purchaser for day book of the
Registration in General value of Register of Deeds
registered land is sufficient notice
a. Except a will that purports to convey or affect a becomes the to all persons even
registered land, the mere execution of deeds registered owner if the owner’s
of sale, mortgages, leases or other voluntary the moment he duplicate
documents serves only 2 purposes: (1) as a presents and certificate of title is
contract between the parties thereto and (2) files a duly not presented to
as evidence of authority to the RD to register notarized and the Register of
such documents. (Sec. 51, P.D. 1529) valid deed of Deeds.
sale and the
b. It is only the act of registering the instrument in same is entered
the Register of Deeds of the province of city in the day book
where the land lies which is the operative act and at the same
that conveys ownership or affects the land time he
insofar as third persons are concerned. (Sec. surrenders or
51, P.D. 1529) presents the
owner’s duplicate
c. The act of registration creates a constructive certificate of title
notice to the whole world of such voluntary or covering the land
involuntary instrument or court writ or process. sold.
(Sec. 52 P.D. 1529)
Rules and Doctrines:
Scope of Subsequent Dealings with Registered 1. Voluntary Dealings
Land  In voluntary sale of land, the registration of the
instrument is the operative act that transmits or
Voluntary and Involuntary Dealings Distinguished transfers title.
Voluntary Involuntary
Dealings Dealings  Where there is nothing on the certificate of title to
1. Concept Refer to deeds, Refer to such writ indicate any cloud or vice in the ownership of the
instruments or order or process property, or any encumbrance thereon, the
documents which issued by a court purchaser is not required to explore further than
are results of the of record affecting what the Torrens title upon its face indicates in
free and registered land quest for any hidden defect or inchoate right that
voluntary acts of which by law may subsequently defeat his right thereto. (Fule
the parties should be vs. Legare. GR No. 17951)
thereto registered to be
effective, and also  The exception to the above rule is embodied in the
to such case of Dela Merced vs. GSIS (365 SCRA 1)
instruments which where the court ruled that “when the purchaser or
are not the willful mortgagee is a financing institution, the general
acts of the rule that a purchaser or mortgagee of the land is
registered owner not required to look further than what appears on
and which may the face of the title does NOT apply.”
have been
executed even  Every person dealing with registered land may
without his safely rely on the correctness of the certificate of
knowledge or title issued therefore and the law will in no way
against his oblige him to go behind the certificate to determine
consent. the condition of the property. Even if a decree in a
2. Kinds – sale – attachment registration proceeding is infected with nullity, still,
– real property – mandamus an innocent purchaser for value relying on a
mortgage – sale on Torrens title issued in pursuance thereof is
– lease execution of protected. (Cruz vs. CA & Suzara, 281 SCRA 491)
– pacto de retro judgement or sales
sale for taxes  Although generally a forged or fraudulent deed is a
– extra– judicial – adverse claims nullity and conveys no title, however, there are
settlement – notice of lis instances when such a fraudulent document may
– free patent/ pendens become the root of a valid title. One such instance
homestead is where the certificate of title was already
– powers of transferred from the name of the true owner to the
attorney forger, and while it remained that way, the land
– trusts was subsequently sold to an innocent purchaser.
3. Effects of An innocent Entry thereof in the (Fule vs Legare)

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 ZEDAKIAH NOTES
a. claimant’s right or interest in registered land is
 Tomas vs. Tomas (GR No. L– 36897): the above adverse to the registered owner;
rule cannot be applied where the owner still holds b. such right arose subsequent to date of original
a valid and existing certificate of title covering the registration;
same property because the law protects the lawful c. no other provision is made in the Decree for the
holder of a registered title over the transfer of a registration of such right or claim. (Sec. 70, 1st par.,
vendor, bereft of any transmissible right. P.D. 1529)

MIRROR DOCTRINE Formal Requisites of an ADVERSE Claim for

 Well settled is the rule that all persons dealing with Purposes of Registration: (WNR)
property covered by Torrens certificate of title are a. Adverse claimant must state the following in
not required to go beyond what appears on the WRITING:
face of the title. When there is nothing on the COT 1. his alleged right or interest
indicating any cloud or vice in the ownership of the 2. how and under whom such alleged right or
property, or any encumbrance thereon, the interest is acquired
purchaser is not required to explore further than 3. the description of the land in which the right or
what the Torrens Title upon its face indicates in interest is claimed
quest for any hidden defect or inchoate right that 4. the certificate of title number
may subsequently defeat his right thereto.
[Centeno vs CA, 139 SCRA 545, 555 (1985)] b. Such statement must be signed and sworn to
[Sigaya, et.al. vs. Mayuga, et.al. G.R. No. 143254, before a NOTARY public.
August 18, 2005] c. Claimant shall state his RESIDENCE or place to
which all notices may be served upon him.
Exceptions for Applicability: (BALIK)
1. purchaser in BAD faith [Egao vs. CA, 174 NOTE:
SCRA 484, 492 (1989)];  An adverse claim is a notice to third persons that
2. where a person buys land not from the someone is claiming an interest on the property or
registered owner but from one whose right to has a better right than the registered owner
the land has been merely ANNOTATED on the thereof, and that any transaction regarding the
COT. (Quiniano vs. CA 39 SCRA 221); disputed land is subject to the outcome of the
3. purchaser of land the certificate of title dispute. (Sajonas vs CA, [GR No. 102377, July 5,
contains a notice of LIS pendens; 1996)
4. sufficiently strong INDICATIONS to impel
closer inquiry into the location, boundaries and  Notice of lis pendens is intended to constructively
condition of the lot. (Francisco vs. CA 153 advise, or warn all people who deal with the
SCRA 330, 336, 337); property that they so deal with it at their own risk,
5. purchaser with full KNOWLEDGE of flaws and and whatever rights they may acquire in the
defects in the title. (Bernales vs. IAC 166 property in any voluntary transaction are subject to
SCRA 519, 524; Lu vs. Manipon, 381 SCRA the results of the action, and may well be inferior
788) and subordinate to those which may be finally
determined and laid down therein. (Heirs of Maria
 The presence of anything that excites or arouses Marasigan vs. IAC. 152 SCRA 253).
suspicion should then prompt the vendee to look
beyond the vendor’s certificate and investigate the Notice of Lis Pendens is PROPER in the Following
title appearing on the face of that certificate. A Cases: (RQ COP)
vendee who does not do so cannot be 1. to RECOVER possession of real estate
denominated either as an innocent purchaser for 2. to QUIET title thereto
value or as a purchaser in good faith and hence, 3. to remove CLOUDS upon the title thereof
does not merit the protection of the law. [Sps. 4. for PARTITION, and
Domingo, et.al. vs. Reed, GR No. 157701, Dec. 9, 5. any OTHER proceeding of any kind in court
2005] directly affecting the title to the land or the use of
occupation thereof or the building thereon
2. Involuntary Dealings
 Involuntary dealings affecting registered land When Notice of Lis Pendens Inapplicable:
which must be registered: (PAPALF)
a. attachments (Sec. 69 PD 1529) 1. proceedings for the recovery of money judgments
b. sale on execution or for taxes or for any 2. attachments
assessment (Sec. 74 PD 1529) 3. proceedings on the probate of wills
c. adverse claim (Sec. 70 PD 1529) 4. administration of the estate of deceased persons
d. notice of lis pendens (Sec. 76 PD 1529) 5. levies on execution
6. Foreclosure

Claim or Interest is Adverse When:

NOTE:
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 ZEDAKIAH NOTES
 notice of lis pendens may be cancelled in the requires that possession of lands of the public
following cases before final judgment upon order domain must be from June 12, 1945 or earlier, for
of the court: (MEND PC ) the same to be acquired through judicial
1. when it is shown that the notice is for the purpose confirmation of imperfect title. (Republic vs.
of MOLESTING the adverse party Doldol, 295 SCRA 359)
2. when it is shown that it is NOT necessary to
protect the right of the party who caused the Applicant Must Prove:
registration thereof 1. That the land is alienable and disposable land of
3. where the EVIDENCE so far presented by the public domain; and
plaintiff does not bear out the main allegations of 2. That they have been in open, continuous,
the complaint exclusive, and notorious possession and
4. where the continuances of the trial are occupation of the land for the length of time and in
unnecessarily DELAYING the determination of the the manner and concept provided by law.
case to the prejudice of the defendant
5. upon verified PETITION of the party who caused  Extended period for filing of application:
the registration thereof Section 1, RA No. 9176 provides in part that
6. It is deemed CANCELLED after final judgment in “The time to be fixed in the entire archipelago
favor of defendant, or other disposition of the for the filing of applications under this chapter
action such as to terminate all rights of the plaintiff shall not extend beyond 31 December 2020.
to property involved. Provided that the area applied for does not
exceed twelve (12) hectares.”
JUDICIAL CONFIRMATION OF IMPERFECT OR
INCOMPLETE TITLE  Section 3 of RA No. 7196 provides that “All
 Applicants: pending applications filed before the effectivity
1. Filipino citizens who by themselves or of this amendatory act shall be treated as
through their predecessors– in– interest have having been filed in accordance with the
been in open, continuous, exclusive and provisions of this Act.”
notorious possession and occupation of
alienable and disposable lands of public Filing of Application
domain under a bona fide claim of acquisition A. Extent of Jurisdiction
since June 12, 1945 or prior thereto or since
time immemorial (CA No. 141, Section 48, as GENERAL RULE: Application for land registration shall
amended by P.D. No. 1073, Sec. 4). be filed with the RTC of the province or city where
the land is situated.
2. Filipino citizens who by themselves or their
predecessors– in– interest have been, prior DOCTRINES:
to the effectivity of PD 1073 on January 25,  P.D. No. 1529 has eliminated the distinction
1977, in open, continuous, exclusive and between the general jurisdiction vested in the RTC
notorious possession and occupation of and the limited jurisdiction conferred upon it by the
agricultural lands of the public domain, under former law when acting merely as land registration
a bona fide claim of acquisition of ownership, court. Aimed at avoiding multiplicity of suits, the
for at least 30 years, or at least since January change has simplified registration proceedings by
24, 1947 (RA No. 1942). conferring upon the regional trial courts the
authority to act not only on original applications but
3. Private corporations or associations which also those filed after original registration, with
had acquired lands from Filipino citizens who power to hear and determine all questions arising
had possessed the same in the manner and upon such applications or petitions. (Averia vs.
for the length of time indicated in paragraphs Caguioa. 146 SCRA 459 ; Ignacio vs. CA 246
1 and 2 above. SCRA 242)

4. Natural–born citizens of the Philippines who  The issues raised before the RTC sitting as a land
have lost their citizenship and who has the registration or cadastral court involved substantial
legal capacity to enter into a contract under or controversial matters and, consequently,
Philippine laws may be a transferee of private beyond said court’s jurisdiction. The issues may
land up to a maximum area of 5,000 sq. m, in be resolved only by a court of general jurisdiction.
case of urban land or 3 hectares in case of Thus, petitions under Secs. 75 and 108 of PD
rural land to be used by him for business or 1529 can be taken cognizance of by the RTC
other purposes. (Section 5, RA No. 8179) sitting as a land registration or cadastral court but
relief under said sections can only be granted if
NOTE: there is unanimity among the parties, or that there
 When the conditions set by law are complied with, is no adverse claim or serious objection on the part
the possessor of the land, by operation of law, of any party in interest; otherwise, the case
acquires a right to a grant, a government grant, becomes controversial and should be threshed out
without the necessity of a certificate of the title in an ordinary case or in the case where the
being issued. The law, as presently phrased,
8
 ZEDAKIAH NOTES
incident properly belongs. (Tagaytay– Taal vs. CA. a. To confer jurisdiction over the land applied for
273 SCRA 182) upon the court
b. To charge the whole world with knowledge of the
EXCEPTION: Delegated jurisdiction of the MTC to application of the land involved
hear and determine cadastral or land registration  The pole star jurisprudential pronouncement in
cases covering lots where there is no controversy this respect are found in Grey Alba vs. De La
or opposition, or contested lots, the value of which Cruz, 17 PHIL 49, wherein it was declared that
does not exceed P100,000.00 (B.P. 129, Sec. 34, a land registration proceeding is one in rem
as amended by R.A. 7691, approved March 25, and notice thereof by publication binds the
1994) whole world, inclusive of those who may be
adversely affected thereby, innocent factually
B. Contents of Application; Annexes as they might have been of such publication.
1. Name of Applicant, citizenship, civil status, name Such a rule could be the only way to give
of spouse, and if marriage has been legally meaning to the finality and indisputability of the
dissolved, the manner of its termination Torrens title to be issued. (Francisco vs. CA,
2. Description of the land, including the full names and 97 SCRA 22 )
addresses of occupants and adjoining owners, and
if not known, the extent of the search made to find NOTE:
them  If it is later shown that the decree of registration
2. Verification had included land or lands not included in the
3. Application covering two or more parcels of land original application as published, then the
belonging to the applicants provided they are registration proceedings and the decree of
situated in the same province or city registration must be declared null and void – but
4. ANNEXES only insofar – as the land not included in the
a. Survey plan of the publication is concerned. This is because the
land (Sec. 17 PD 1529) court did not acquire jurisdiction over the land not
b. Technical included in the publication – the publication being
Descriptions (Sec. 15 PD 1529) the basis of the jurisdiction of the court. (Benin vs.
c. Certificate of the Tuason. 57 SCRA 531)
Geodetic Engineer
d. Certificate regarding  If difference is not substantial as it would not affect
the last assessment for taxation of the the identity of the land, republication is not
property necessary.

6. Amendments to the application including joinder,  If the amendment of the survey plan during the
substitution, or discontinuance of parties may be registration proceedings does not involve an
allowed by the court at any stage of the addition, but on the contrary, a reduction of the
proceedings upon just and reasonable terms original area that was published, no new
(Sec. 19 PD 1529) publication is required. [Republic vs. CA, 71 SCRA
7. Additional Requirements the court demands and 665 (1996)]
not inconsistent with law (Sec. 21, PD 1529)
8. Occupants and adjoining owners  Publication alone in newspaper of general
 application shall state the full names and circulation would not suffice to confer jurisdiction to
addresses of all occupants of the land and RTC. It must be published in the Official Gazette in
those of the adjoining owners if known and in order that jurisdiction to court be conferred.
not known, it shall state the extent of the
search made to find them (PD 1529 Sec. 15) 2. Mailing
 Mailing of the Notice of Hearing
 a mere statement of the lack of knowledge of  Administrator of Land Registration Authority shall
the names of the occupants and adjoining cause a copy of the notice of initial hearing of the
owners is not sufficient but “what search has application to be mailed to the following: (NSS)
been made to find them” is necessary a. Every person NAMED in the notice whose
(Francisco vs. Court of Appeals, 97 SCRA 22) address is known
b. SECRETARY of DPWH, Provincial Governor,
Publication, Mailing, and Posting Requirements: and Mayor of the municipality or city, as the
(PMP) case may be, in which the land lies, if
 compliance is mandatory and jurisdictional applicant requests to have the line of a public
[Republic vs. Marasigan, 198 SCRA 219 (1991)] way or road determined (PGM)
c. SECRETARY of DAR, Solicitor General,
1. Publication of notice of initial hearing Director of Land Management, Director of
 Official Gazette and newspaper of general Mines and/or Director of Fisheries and Aquatic
circulation (Sec. 23, P.D. 1529) Resources, as the case may be, if the land
borders on a river, navigable stream or shore,
Purposes: or on an arm of the sea where a river or harbor

9
 ZEDAKIAH NOTES
line has been established, or on a lake, or if it proceeding to run its usual course would be a
otherwise appears from the application that a mere exercise in futility. (Valisno vs. Plan, 143
tenant– farmer or the national government SCRA)
may have a claim adverse to the applicant.
(PSALM)  It is now settled that a motion to intervene in a land
registration case is not allowed. Secs. 14 and 15
3. Posting of PD 1529 show that the applicant and the
 Posting of the copy of the Notice of Hearing is oppositors are the only parties in cases of original
a duty of the Sheriff which must be made at applications for land registration, unlike in ordinary
least 14 days before date of initial hearing, in civil actions where parties may include the plaintiff,
conspicuous places. defendant, third party complainants, cross
NOTE: claimants and intervenors. (Dolfo vs. Register of
 Certification of the Administrator of LRA and of the Deeds for the Province of Cavite, 341 SCRA 58)
Sheriff concerned to the effect that the notice of  The government cannot be estopped from
initial hearing, as required by law, has been questioning the validity of the certificates of title
complied with shall be filed in the case before the which were granted without opposition from the
date of initial hearing, and shall be conclusive government. The principle of estoppel does not
proof of such fact (Section 24, P.D. 1529). operate against the government for the acts of its
 Service of Notice upon contiguous owners: agents. (Palomo vs. CA, 266 SCRA 392 ).
 indispensable
 lack of service constitutes “extrinsic fraud” Evidence
The Applicant Must Prove: (DIP)
Answer or Opposition 1. that the land applied for has been DECLASSIFIED
 Oppositor to an application need not be named in from the forest or timber zone and is a public
the notice of initial hearing. agricultural land, is alienable and disposable, or
 Adverse claimants must set forth in their answer all otherwise capable of registration
their objections to the application and must claim
an interest to the property applied for, based on a NOTE: Specific evidence
right of dominion or some other real right a) Presidential proclamation
independent of, and not at all subordinate, to the b) Executive Order
rights of the government. c) Administrative Order issued by the Secretary
 The opposition partakes of the nature of an answer of DENR
with a counterclaim. (Valisno vs. Plan, 143 SCRA d) Bureau of Forest Development Land
502) Classification Map
e) Certification by Director of Forestry
The Following May be Proper Oppositors: f) Investigation reports of Bureau of Lands
1. a homesteader who have not yet been issued his investigator
title but who had fulfilled all the conditions required g) Legislative act or by statute
by law to entitle him to a patent;
2. a purchaser of friar land before the issuance of the 2. the IDENTITY of the land
patent to him;
3. persons who claim to be in possession of a tract of NOTE: Proof of Identity of land
public land and have applied with the Bureau of a) Survey plan in general
Lands for its purchase; b) Tracing cloth plan and blue print copies of plan
4. The Government relative to the right of foreshore
lessees of public land as the latter’s rights are not  In application for judicial confirmation of titles,
based on dominion or real right independent of the the submission of original tracing cloth plan of
right of government. (Leyra vs. Jandoc, 4 SCRA the land approved by the Director of Lands is a
595) statutory requirement of MANDATORY
character. (Director of Lands vs. Reyes, 68
NOTE: SCRA 177)
 The Property Registration Decree does not provide
for a pleading similar or corresponding to a motion  Statutory requirement cannot be waived either
to dismiss. The ROC however allows the expressly or impliedly. (Director of Lands vs.
application of the rules in land registration Heirs of Isabel Tesalona, 236 SCRA 262)
proceedings in a suppletory character or whenever c) Technical description of the land
practicable or convenient. But for the expeditious d) Tax declarations
termination of the land registration case, the SC in e) Boundaries and area
Duran vs. Oliva, 3 SCRA 154, dismissed the
application for registration upon a motion to 3. POSSESSION and occupation of the land for the
dismiss filed by oppositors, the court not having length of time and in the manner required by law
acquired jurisdiction over the res as the lands had
previously been registered in the names of the
oppositors. To have allowed the registration

10
 ZEDAKIAH NOTES
houses built every few meters here and there, pay
the realty taxes religiously every year and have an
approved Bureau of Lands Survey yearly, they will
Effect of Possession not become the owners if they will NOT follow the
PROCEDURE to obtain public agricultural land
GENERAL RULE: Open, exclusive and undisputed mandated by the Public Land Act (CA 141).
possession of alienable public land for the period (Manalastas vs. CA, 218 SCRA 517)
prescribed by law creates the legal fiction whereby
the land, upon completion of the requisite periodProof of Private Ownership (STOP)
ipso jure and without need of judicial or other
sanctions, ceases to be public land and becomes a. SPANISH title, impending cases
private property.
 Although Spanish titles are now inadmissible
 The present possessor may complete the and ineffective as proof of ownership in land
period necessary for prescription by tacking registration proceedings filed after Aug. 16,
his possession to that of his grantor or 1976, so that all lands granted under the
predecessor–in–interest. (Article 1138, Civil Spanish mortgage law system of registration
Code) which are not yet covered by a certificate of
title issued under the Torrens system are
 Tacking of possession is allowed only when deemed as unregistered land, there are still
there is privity of contract or relationship cases in court which particularly involve
between the previous and present possessors. possessory information titles.
[South City Homes, Inc. vs. Republic, 185
SCRA 700 (1990)]  With the passage of Pres. Decree No. 892,
effective Feb. 16, 1976, Spanish titles can no
Insufficient Proofs of Possession: (COF 3T P) longer be used as evidence of land ownership.
a) Mere CASUAL cultivation of portions of the land by (Rep. vs. CA, 135 SCRA 156)
claimant. Reason: possession is not exclusive and
notorious so as to give rise to a presumptive grant  Merely indicia of a claim of ownership
from the State (Republic vs. Vera, 120 SCRA 210; (Camara vs. Malabao, 407 SCRA 593); that
Director of Lands vs. Reyes 68 SCRA 177) the holder has a claim of title over the property
(Mun. of Antipolo vs. Zapanta, 133 SCRA
b) TAX declaration of land sought to be registered 820).
which is not in the name of applicant but in the
name of deceased parents of an oppositor. b. TAX declarations and Tax payments
Reason: possession of applicant is not completely
adverse or open, nor it is truly in the concept of an NOTES:
owner. (Sunga vs. De Guzman, 90 SCRA 618);  While tax declarations and real estate tax
receipts are not conclusive evidence of
c) holding of property by mere TOLERANCE of the ownership, if presented as documentary
owner. Reason: holder is not in the concept of evidence coupled with proof of actual
owner and possessory acts no matter how long do possession for the period required by law of
not start the running of the period of prescription. the land, they are evidences of ownership.
(Ordoñez vs. CA, 188 SCRA 109); (Heirs of Maningding vs. CA 276 SCRA).
Moreover, even if belatedly declared for
d) Where applicants TACKED their possession to taxation purposes, it does not negate
that of their predecessor–in–interest but they did possession especially if there is no other
not present him as witness or when no proofs of claimant of the land (RP vs. CA and Divinaflor
what acts of ownership and cultivation were 349 SCRA)
performed by the predecessor (Dir. of Lands vs.
Datu, 115 SCRA 25)  Where the taxes for 31 years, 1946 to 1976,
were paid only in 1976, a few months prior to
e) Mere failure of FISCAL representing the State to filing of the application, such payment does
cross– examine the applicant on the claimed not constitute sufficient proof that applicant
possession [Republic vs. Lee, 197 SCRA 1320 has bona fide claim of ownership during those
(1991)]; years prior to filing of the application [Republic
vs. CA, 131 SCRA 140 (1984)]
f) Possession of OTHER persons in the land applied
for impugns the excusive quality of the applicant’s  Mere failure of the owner of the land to pay the
possession (Dir. of Lands vs. CA and Salazar, 133 realty tax thereon does not warrant a
SCRA 701) conclusion that there was abandonment of his
right to the property (Reyes vs. Sierra, 93
g) Even if the petitioners can trace their deed of sale SCRA 472)
back to Adam and Eve , fill in every square inch of
the land with agricultural tenants, have residential c. PRESIDENTIAL issuances and Legislative acts
11
 ZEDAKIAH NOTES
2. Refer the case or any part thereof to a referee or
commissioner.

NOTES:
 Constitutive of a “fee simple” title or absolute NOTE:
title in favor of the grantee (Republic rep. by  While referee can receive evidence and
Mindanao Medical Center vs. CA, 73 SCRA objections, it has no power to rule on the case.
146) Its main duty is to receive evidence and submit
its findings and recommendations to the court.
 A law or statute which ceded or transferred in
full ownership a reserve area in favor of a MUNIMENTS OF TITLE
government institution thereby effectively  instruments or written evidences that applicant
transferred ownership to transferee. [Int’l holds or possesses to enable him to
Hardwood and Veneer Co. of the Phils. vs. substantiate and prove title to his estate.
U.P., 200 SCRA 554 (1991)]
B. Judgment
d. OTHER kinds of proof 2 Duties of the Court:
1. Testimonial evidence (i.e. accretion is on a 1. Render judgment, declare the same final, and
land adjacent to a river. Any evidence that cause the decision’s entry; and
accretion was formed through human 2. Order the LRA to issue decree of registration.
intervention negates the claim [Binalay vs.
Manalo, 195 SCRA 374 (1991)]; Doctrines/Notes :
 Only claimed property or a portion thereof can be
Proofs Insufficient to Establish Private Right or adjudicated. If the applicant asserts ownership to
Ownership: and submits evidence only for a portion of a lot,
the inclusion of the portion not claimed by the
a) Compromise agreement among parties to a land applicant is void and of no effect for a land
registration case where they have rights and registration court has no jurisdiction to decree a lot
interest over the land and allocated portions to a person who put no claim to it and who never
thereof to each of them; asserted any right of ownership over it. (Almarza
vs Arguelles 156 SCRA 718).

NOTE:  A land registration court has no jurisdiction to

 Assent of Dir. Of Lands and Dir. of Forest adjudge a land to a person who has never
Management to the compromise agreement asserted any right of ownership thereof.
did not and could not supply the absence of (Caragay–Layno vs. CA, 133 SCRA 718)
evidence of title required of the applicant.
[Republic vs. Sayo, 191 SCRA 71 (1990)]  The court may reverse its decision even after the
LRA has already issued the decree of registration.
b) Decision in an estate proceeding of a (Gomez vs. CA 168 SCRA 503).
predecessor–in–interest of an applicant which
involves a property over which the decedent has  In a land registration proceeding where only a
no transmissible right, and in other cases where portion of the land subject of registration is
issue of ownership was not definitely passed upon contested, the court may render partial judgment
(Dir. of Lands vs. IAC, 195 SCRA 38); provided that a subdivision plan showing the
contested and uncontested portions approved by
c) Survey plan of an inalienable land. the Director of Lands is previously submitted to
said court. (Sec. 28, PD 1529).
NOTE:
 Such plan does not convert such land into  The judgment becomes final upon the lapse of 15
alienable land, much less private property days counted from receipt of notice of the
[Republic vs. CA, 154 SCRA 476 (1987)] judgment. (Sec. 39, BP 129; Heirs of Cornelio
Labrada vs. Monsanto, 131 SCRA 651). However,
HEARING, JUDGMENT, AND POST JUDGMENT notwithstanding the lapse of the 15–day period
INCIDENTS IN ORDINARY LAND REGISTRATION from receipt of judgment by the parties, the court
continues to retain control over the case until the
A. Hearing expiration of 1 year after the entry of decree of
The court may: registration by the LRA (Republic vs. Associacion
1. Hear the parties and their evidence; or Benevola de Cebu, 178 SCRA 692; Sec. 32, PD
1529).
NOTE:
 In the exercise of delegated jurisdiction, the C. Post–Judgment Incidents
MTC can no longer appoint commissioners a. Writ of Possession

12
 ZEDAKIAH NOTES
GENERAL RULE: The judgment adjudicating Finality of Decree: Decree of registration becomes
ownership to the successful applicant impliedly incontrovertible after one year from the date of its
carries with it the delivery of possession if he is entry (Sec. 32 PD 1529)
deprived, since the right of possession is inherent
in that of ownership. When issued: The law DOES NOT limit the period
EXCEPTIONS: within which the court may order the issuance of a
2) A writ of possession does not lie in a land decree of registration.
registration case against a person who entered the
property after issuance of the final decree and who Contents: (Sec. 31 P.D. 1529) (3D MO)
had not been a party in the case a. DATE, hour and minute of its entry
b. It shall state whether the owner is MARRIED or
2) A writ of possession cannot be issued in a petition unmarried, and if married, the name of spouse:
for reconstitution of allegedly lost or destroyed provided that if the land is conjugal property, the
certificate of title. decree shall be issued in the name of both
spouses.
NOTE: c. If the owner is under DISABILITY, the nature of
 The issuance of a writ of possession is only a such disability, and if a minor, his age.
matter or course if nothing in the past has been d. DESCRIPTION of the land and shall set forth the
issued in favor of the registered owner; there is no estate of the owner, and also, in such manner as
prescription as to its issuance (Lucero vs. Loot, to show their relative priorities, all particular
25 SCRA 687) estates, mortgages, easements, liens,
b. Writ of Demolition attachments, and other encumbrances
 a complement of the writ of possession, without e. OTHER matters to be determined in pursuance of
which the latter would be ineffective (Lucero vs. law
Loot 25 SCRA 678)
CERTIFICATE OF TITLE
DECREE OF REGISTRATION  This is the true copy of the decree of registration or
 This is the decree issued by the LRA pursuant to the transcription thereof and like the decree shall
the order of the court. As such, the decree has also be signed by LRA Administrator (Sec. 39, PD
been considered as the ‘condensed form’ of the No. 1529).
court’s judgment.
 It takes effect upon the date of entry thereof, and
 The decree of registration binds the land, quiets the land covered thereby becomes registered land
title thereto, subject only to such exceptions or on that date.
liens as may be provided by law. It is conclusive
upon all persons including the national government  Registration does not vest title. It is merely
and all branches thereof, whether mentioned by evidence of such title over a particular property.
name in the application or notice, the same being And a Torrens certificate is the best evidence of
included in the general description “To All Whom It ownership over registered land. (Villanueva vs.
May Concern.” And such conclusiveness does not CA, 198 SCRA 472; Chavez vs. PEA & Amari
cease to exist when the title is transferred to a Coast Bay Dev’t. Corp., 384 SCRA 153)
successor. (Melgar vs. Pagayon. 21 SCRA 841)
 However, simple possession of a certificate of title
 The duty of the land registration officials to issue does not necessarily make the holder thereof a
the decree of registration is ministerial in the sense true owner of all the property described therein,
that they act under the orders of the court and the such as when title includes by mistake or
decree must be in conformity with the court oversight, land which can no longer be registered
judgment and with the data found in the record. under the Torrens system, as when the same land
However, if they are in doubt upon any point in has already been registered and an earlier
relation to the preparation and issuance of the certificate for the same land is in existence.
decree, they are duty bound to refer the matter to (Caragay– Layno vs. CA, 133 SCRA 718)
the court. They act in this respect, as officials of
the court. The administrator is thus not legally  In determining whether a property belongs to the
obligated to issue the decree where, upon his conjugal partnership or paraphernal property of
verification, he finds that subject land has already one of the spouses, it is important to note in whose
been decreed and titled in another’s name. name or names the title is registered. This is so
(Ramos vs. Rodriguez, 244 SCRA 418) because the certificate of the title does not
establish the time of the acquisition of the property.
By whom issued: Administrator of Land It only confirms a pre existing title. (Ponce de Leon
Registration who signs the decree of registration and vs. Rehabilitation Finance Corp., 36 SCRA 289)
attests the date and hour or its issuance (Sec. 39 PD
1529) Attributes and Limitations on Certificates of Title
and Registered Lands:

1. Free from liens and encumbrances

13
 ZEDAKIAH NOTES
 Claims and liens of whatever character existing c. From liability to any lien of any description
against the land prior to the issuance of the established by law on the land and buildings
certificate of title are cut off by such certificate and thereon, or in the interest of the owner in such land
the certificate so issued binds the whole world, or building
including the government. d. From any right or liability that may arise due to
change of the law of descent
EXCEPTIONS: (CNTPD) e. From the rights of partition between co– owners
a. Those noted on the CERTIFICATE f. From the right of government to take the land by
b. Liens, claims or rights arising or existing under eminent domain
the laws and the Constitution, which are NOT g. From liability to be recovered by an assignee in
by law required to appear of record in the insolvency or trustee or bankruptcy under the laws
Register of Deeds in order to be valid relative to preferences
c. Unpaid real estate TAXES levied and h. From any other rights or liabilities created by law
assessed within 2 years immediately and applicable to unregistered land
preceding the acquisition of the right over the
land by an innocent purchaser for value CADASTRAL REGISTRATION
d. Any PUBLIC highway, or private way  a proceeding in rem, initiated by the filing of a
established or recognized by law, or any petition for registration by the government, not by
government irrigation canal or lateral thereof, if the persons claiming ownership of the land subject
the certificate of title does not state the thereof, and the latter are, on the pain of losing
boundaries of such highway or irrigation canal their claim thereto, in effect compelled to go to
or lateral thereof have been determined court to make known their claim or interest therein,
e. Any DISPOSITION of the property or limitation and to substantiate such claim or interest
on the use thereof pursuant to P.D. 27 or any
other law or regulations on agrarian reform. NOTE:
 Here, the government does not seek the
2. Incontrovertible and indefeasible registration of land in its name. The objective of
the proceeding is to compel claimants of land to
GENERAL RULE: Upon expiration of 1 year from and come forward and prove their titles so that their
after the entry of the decree of registration in the ownership and the land will be brought into the
LRA, the decree and the corresponding certificate Torrens System.
of title becomes incontrovertible and indefeasible.
Procedure: (NN CPP AHDI)
EXCEPTIONS: (PNF) 1. NOTICE of cadastral survey published once in OG
a. If PREVIOUS valid title of the same land exists and posted in conspicuous place; copy furnished
b. When land covered is NOT capable of registration mayor and barangay captain
c. When acquisition of certificate is attended by 2. NOTICE of date of survey by BLM and posting in
FRAUD bulletin board of the municipal building of the
municipality or barrio, and shall mark the
3. Registered land not subject to prescription boundaries of the lands by monuments set up in
 Thus, even adverse, notorious and continuous proper places thereon
possession under claim of ownership for the period 3. CADASTRAL survey
fixed by law is ineffective against a Torrens title. 2. Filing of PETITION
(JM Tuason and Co. Inc. vs. CA, 93 SCRA 146) 3. PUBLICATION, mailing, and posting
NOTE: Publication of Notice of Initial Hearing to be
 The fact that title to land was lost does not mean published twice in successive issues of the Official
that the land ceased to be registered land before Gazette
the reconstitution of its title. It cannot perforce be 4. Filing of ANSWER
acquired by prescription. (Rivera vs. CA, 244 5. HEARING of the case
SCRA 218) 6. DECISION
7. ISSUANCE of Decree and Certificate of Title
4. Certificate of title not subject to collateral
attack Actions Taken by the Cadastral Court of the Trial:
 Sec 48. P.D. 1529 provides that “A certificate of 1. Judgment or decision which adjudicates ownership
title shall not be subject to collateral attack. It of the land involved in favor of one or more
cannot be altered, modified, or cancelled except in claimants. This is the decree of the court.
a direct proceeding in accordance with law.” 2. Declaration by the court that the decree is final and
its order for the issuance of the Certificate of Title
General Incidents of Registered Land by the LRA
Registered land or the owners thereof are not relieved 3. Registration of the decree by the LRA and
from the following: issuance of the corresponding Certificate of Title
a. From any rights incident to the relation of husband
and wife, landlord and tenant Doctrine:
b. From liability to attachment or levy on execution  The Cadastral court is not limited to merely
adjudication of ownership in favor of one or more
14
 ZEDAKIAH NOTES
claimants. If there are no successful claimants,
the property is declared public land. Additionally, Period of filing: within the 15–day period for
while the court has no jurisdiction to adjudicate perfecting an appeal
lands already covered by a Certificate of Title, it is
nonetheless true that this rule only applies where 2. RELIEF from Judgment
there exists no serious controversy as to the
certificate’s authenticity vis–à–vis the land covered Nature: subsidiary remedy, i.e. may be availed only
therein. (Republic vs. Vera 120 SCRA 210; when the judgment has become final and a new trial is
Widows and Orphans Assoc., Inc. vs. CA 201 not available
SCRA 165)
Grounds: when a judgment is entered against a party
PD No. 1529 and Cadastral Distinguished through fraud, accident, mistake, or excusable
P.D. No. 1529 CADASTRAL negligence, such party may file a petition in the court
that rendered such judgment praying that the said
1. Nature of Registration
judgment be set aside
Voluntary Compulsory
2. Applicant Period of filing: within 60 days after the petitioner
Landowner Director of Lands learns of the judgment, order, or proceeding and not
more than 6 months after such judgment or order was
3. Lands Covered entered or such proceeding was taken.
Usually involves All classes of lands
private land; it may are included. 3. APPEAL
also refer to public  Under P.D. 1529, judgments and orders in land
agricultural lands if registration cases are appealable to the Court of
the object of the Appeals or to the Supreme Court in the same
action is manner as ordinary actions.
confirmation of an  Must be filed within 15 days from receipt of the
imperfect title. judgment or final order appealed from
4. Parties 4. PETITION for Review (of a DECREE)
Applicant and Landowners must  Any person may file a petition for review to set
opponent come to court as aside the decree of registration on the ground that
claimants of their own he was deprived of their opportunity to be heard in
lands. the original registration case not later than one (1)
year after the entry of the decree
5. Purpose
Petitioner comes to Government asks the NOTE:
court to confirm his court to settle and  It is a petition for REVIEW OF JUDGEMENT when
title and seeks the adjudicate the title of it is filed after rendition of the decision but before
registration of the the land. the entry of the decree of registration. And it is a
land in his name. petition for REVIEW OF THE DECREE when it is
6. Person who Requests the Survey filed within the one year period after such entry.
Landowner Government
Grounds for Review of the Decree: (FIJ)
7. Effect of Judgment a. actual or extrinsic FRAUD – refers to any
No adverse claim; if if none of the fraudulent act of the successful party in a litigation
the applicant fails to applicants can prove which is committed outside the trial of a case
prove his title, his that he is entitled to against the defeated party, his agents, attorneys or
application may be the land, the same witnesses, whereby defeated party is prevented
dismissed without shall be declared from presenting full and fairly his side.
prejudice (no res public (res judicata). b. fatal INFIRMITY in the decision for want of due
judicata). process (Tiongco vs, De la Merced, 58, SCRA 89);
c. lack of JURISDICTION of the court
Remedies of Aggrieved Party in Registration Requisites for Review of the Decree:
Proceedings: (NARP RAD CACQ) a. petitioner has a real and dominical right
1. NEW TRIAL b. he has been deprived thereof
c. through fraud (actual/extrinsic)
Grounds: (Section1 Rule 37,Rules of Court) d. petition is filed within one year from issuance of
(FAN) the decree
a. FRAUD, accident, mistake or excusable e. the property has not yet passed to an innocent
negligence which ordinary prudence could not purchaser for value
have guarded against
b. NEWLY discovered evidence 5. Action for RECONVEYANCE
c. AWARD of excessive damages, or insufficiency of  An action seeking to transfer or reconvey the land
the evidence to justify the decision from the registered owner to the rightful owner

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 ZEDAKIAH NOTES
 May be filed even after the lapse of one year from
entry of the decree of registration as long as the c. The loss, damage or deprivation was due to:
property has not been transferred or conveyed to 1. fraud, or
an innocent purchaser for value 2. any error, omission, mistake or misdescription
 An action for reconveyance does not aim or in any certificate of title or in any entry or
purport to reopen the registration proceedings and memorandum in the registration book.
set aside the decree of registration but only to
show that the person who secured the registration d. There was no negligence on his part;
of the questioned property is not the real owner e. He is barred or precluded under the provisions of
thereof. The action, while respecting the decree PD 1529 or under the provision of any law from
as incontrovertible, seeks to transfer or reconvey bringing an action for the recovery of such land or
the land from the registered owner to the rightful the estate or interest therein;
owner. (Esconde vs Borlongay, 152 SCRA 603) f. The action has not prescribed.

Grounds for Reconveyance and Corresponding Limitation of Action (Sec. 102 PD 1529)
Period of Prescription  must be instituted within a period of 6 years from
Grounds Prescriptive Period the time the right to bring such action first occurred
– which is the date of issue of the certificate of title.
1. Fraud 4 years from the discovery
of the fraud (deemed to
EXCEPTION: Anytime within two years after such
have taken place from the
disability has been removed, notwithstanding the
issuance of the original
expiration of the original period of six years IF the
certificate of title)
person entitled to bring such right of action was a
2.Implied or 10 years from the date of minor or insane or imprisoned, otherwise under
constructive the issuance of the OCT or legal disability
trust TCT
 The above rule does NOTE:
not apply where the  The right of action herein provided shall
person enforcing the survive to the legal representative of the person
trust is in actual sustaining loss or damage unless barred in his
possession of the lifetime.
property because he is
in effect seeking to quiet 8. CANCELLATION Suits
title to the same which  Where two certificates are issued to different
is imprescriptible. persons covering the same land, the title earlier in
3. Express Not barred by prescription date must prevail.
trust  The latter title should be declared null and void
4. Void Imprescriptible and ordered cancelled.
Contract
9. ANNULMENT of judgment
6. Action for DAMAGES  May only be availed of when the ordinary remedies
of new trial, petition for relief, or other appropriate
 May be resorted to when a petition for review and remedies are no longer available through no fault
an action for reconveyance is no longer possible of petitioner (Linzag vs. Court of Appeals, 291
because the property has passed to an innocent SCRA 304)
purchaser for value and in good faith.
10. QUIETING of Title
 An ordinary action for damages prescribes in ten
(10) years after the issuance of the Torrens title  An action that is brought to remove clouds on the
over the property. title to real property or any interest therein, by
reason of any instrument, record, claim,
encumbrance or proceeding which is apparently
valid or effective but is in truth and in fact invalid,
7. Action for Compensation from ASSURANCE ineffective, voidable, or unenforceable, and may
Fund be prejudicial to said title. (Art. 476 Civil Code)

Requisites:  It is an ordinary civil remedy. [Sy, Sr. vs. IAC, 162

a. The aggrieved party or the suitor sustained loss or SCRA 130 (1988)]
damage, or is deprived of land or any estate or  Aside from the registered owner, a person who
interest therein; has an equitable right or interest in the property
may likewise file such action (Mamadsul vs.
b. Such loss, damage or deprivation Moson, 190 SCRA 82, 89)
1. was occasioned by the bringing of the land
under the operation of the Torrens system, or 11. Criminal Action
2. arose after original registration of land.
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 ZEDAKIAH NOTES
 The State may criminally prosecute for perjury the civilization
party who obtains registration through fraud, such
as by stating false assertions in the sworn answer
required of applicants in cadastral proceedings.
(People vs. Cainglet, 16 SCRA 749) NOTE:
LAND PATENTS  When a free patent title is issued to an applicant
and the sea water moves toward the estate of the
Kinds: title holder, the invaded property becomes part of
To Whom the foreshore land. The land under the Torrens
Requirements
Granted system reverts to the public domain and the title is
Homestead to any Filipino – does not own annulled. (Republic vs. CA and Josefina Morato,
Patent citizen over the more than 24 281 SCRA)
age of 18 years hectares of land in
or head of a the Philippines or Restriction on Alienation/Encumbrance of Lands
family has not had the titled Pursuant to Patents:
benefit of any 1. Lands acquired under free patent or
gratuitous allotment homestead patent is prohibited, except if in
of more than 24 favor of the government, 5 years from and
hectares after the issuance of the patent or grant. (RP
– must have resided vs. Heirs of Felipe Alejaga, Sr., 939 SCRA
continuously for at 361)
least 1 year in the 2. Transfer or conveyance of any homestead
municipality where after 5 years and before 25 years after
the land is situated issuance of title without the approval of the
– must have Secretary of DENR
cultivated at least
1/5 of the land Actions Against Improper, Illegal Issuance of
applied for Patents
1. Reversion suits
Free to any natural – does not own  The objective is the cancellation of the certificate
Patent born citizen of more than 12 of title and the consequential reversion of the land
the Philippines hectares of land covered thereby to the State.
– has continuously
occupied and Grounds for Reversion:
cultivated, either by a. Violation of Sections 118, 120, 121 and 122 of the
himself or his Public Land Act (e.g. Alienation or sale of
predecessors– in– homestead executed within the 5 year prohibitory
interest tract/s of period)
agricultural public b. When land patented and titled is not capable of
land subject to registration
disposition c. Failure of the grantee to comply with conditions
imposed by law to entitle him to a patent or grant
Sales citizens of the – to have at least d. When area is an expanded area (see Republic vs.
Patent Philippines of 1/5 of the land Heir of Villa Abrille, 71 SCRA 57)
lawful age or broken and e. When the land is acquired in violation of the
such citizens cultivated within 5 Constitution; e.g. Land acquired by an alien may
not of lawful years from the date be reverted to the State.
age who is of the award
head of a – shall have NOTE:
family may established actual  Indefeasibility of title, prescription, laches and
purchase public occupancy, estoppel do not bar reversion suits.
agricultural cultivation and
land of not improvement of at
more than 12 least 1/5 of the land 2. Cancellation Suits
hectares until the date of such  It is the aggrieved private party that institutes the
final payment action. [Agne vs. Dir. of Lands, 181 SCRA 793
Special to Non– Secretary of the (1990)]
Patents Christian DILG shall certify
Filipinos under that the majority of 2. Action for Reconveyance
Sec. 84 of the the non– Christian
Public Land inhabitants of any RECONSTITUTION OF CERTIFICATE OF TITLE
Act. given reservation  The restoration of the instrument which is
have advanced supposed to have been lost or destroyed in its
sufficiently in
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 ZEDAKIAH NOTES
original form and condition, under the custody of 1. owner’s duplicate of the certificate of title
Register of Deeds. 2. co–owner’s, mortgagee’s, or lessee’s duplicate of
said certificate
Purpose: to have the same reproduced, after proper
proceedings, in the same form they were when the Publication, Mailing and Posting in Petitions for
loss or destruction occurred (Heirs of Pedro Pinote vs. Reconstitution of Title
Dulay, 187 SCRA 12) Rules:
a. Notice thereof shall be published twice in
Kinds: successive issues of the Official Gazette.
1) Judicial – partakes the nature of a land b. Must be posted on the main entrance of the
registration proceeding in rem provincial building and of the municipal building of
the municipality or city where the land is situated
2) Administrative – may be availed of only in case c. To be sent by registered mail to every person
of: named in said notice
a. Substantial loss or destruction of the original
land titles due to fire, flood, or other force NOTE:
majeure as determined by the Administrator of  The above requirements are mandatory and
the Land Registration Authority; jurisdictional. (Metropolitan Waterworks and
b. The number of certificates of title lost or Sewerage System vs. Sison, 124 SCRA 394)
damaged should be at least 10% of the total
number in the possession of the Office of the OTHER PETITIONS OR TRANSACTIONS AFTER
Register of Deeds; ORIGINAL REGISTRATION
c. in no case shall the number of certificates of
title lost or damaged be less than P500; and 1. Amendment and alteration of Certificate of
d. Petitioner must have the duplicate copy of the Title
certificate of title. (RA 6732) Grounds:
a. When registered interests of any description,
NOTE: whether vested, contingent, or inchoate have
 The law provides for retroactive application thereof terminated and ceased
to cases 15 years immediately preceding 1989. b. When new interests have arisen or been created
 When the duplicate title of the landowner is lost, which do not appear upon the certificate
the proper petition is not reconstitution of title, but c. When any error, omission, or mistake was made in
one filed with the court for issuance of new title in entering a certificate or any memorandum thereon
lieu of the lost copy. or on any duplicate certificate
d. When the name of any person on the certificate
Sources for Judicial Reconstitution of Title: has been changed
1. For OCT (in the following order): e. When the registered owner has been married, or,
a. Owner’s duplicate of the certificate of title registered as married, the marriage has terminated
b. Co–owner’s, mortgagee’s or lessee’s duplicate and no right or interest of heirs or creditors will
of said certificate thereby be affected
c. Certified copy of such certificate, previously f. When a corporation, which owned registered land
issued by the Register of Deeds and has been dissolved, has not conveyed the
d. Authenticated copy of the decree of same within 3 years after its dissolution
registration or patent, as the case may be, g. When there is a reasonable ground for the
which was the basis of the certificate of title amendment or alteration of title.
e. Deed or mortgage, lease or encumbrance
containing description of property covered by NOTE:
the certificate of title and on file with the  The court has no jurisdiction or authority to reopen
Registry of Deeds, or an authenticated copy the judgment or decree of registration; nor impair
thereof the title or other interest of a purchaser holding a
f. Any other document which, in the judgment of certificate for value and in good faith, or his heirs
the court, is sufficient and proper basis for and assigns, without his or their written consent.
reconstitution. After due hearing, the court may only:
a. Order the entry or cancellation of a new
2. For TCT certificate,
a. Same as sources (a), (b), and (c) for b. Order the entry or cancellation of a
reconstitution of OCT memorandum upon a certificate, or
b. Deed of transfer or other document containing c. Grant any other relief upon such terms and
description of property covered by transfer conditions as it may consider proper. (Secs.
certificate of title and on file with the Registry 107 and 108, PD 1529)
of Deeds, or an authenticated copy thereof
c. Same as sources (e) and (f) for reconstitution 2. Surrender of withheld duplicate certificate of
of OCT title

Sources for Administrative Reconstitution of Title Grounds:

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 ZEDAKIAH NOTES
a. When it is necessary to issue a new certificate of
title pursuant to any involuntary instrument which
divests the title of the registered owner against his
consent;
b. Where a voluntary instrument cannot be registered
by reason of the refusal or failure of the holder to
surrender the owner’s duplicate certificate of title;
and
c. Where the owner’s duplicate certificate is not
presented for amendment or alteration pursuant to
a court order.

3. Replacement of lost duplicate certificate of title

 “Due notice under oath shall be sent by the owner
or by someone in his behalf to the Register of
Deeds of the province of city where the land lies as
soon as the loss or theft is discovered.” (Section
109, PD 1529)
 Petition for replacement should be filed with the
RTC of the province or city where the land lies.

 Notice to Solicitor General by petitioner is not

imposed by law but it is the Register of Deeds who
should request for representation by the Solicitor
General (Republic vs. CA, 317 SCRA 504).

 A proceeding where the certificate of title was not

in fact lost or destroyed is null and void for lack of
jurisdiction and the newly issued duplicate is also
null and void. (New Durawood Co., Inc. vs. CA,
253 SCRA 740).

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