Anda di halaman 1dari 12

EMMS LAND TITLES AND DEEDS REVIEWER

LAND TITLE evidence of the owners right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property DEED instrument in writing by which any real estate or interest therein is created, alienated, mortgaged or assigned or by which title to any real estate may be affected in law or equity 1. 2. 3. 4. 5. 6. Grantor Grantee Words of grant Description of Property Signature of grantor Witnesses

May be subsequently transferred to private owners.

c. Emancipation Patent or Grant (Certificate of Land Ownership Award) To ameliorate the sad plight of tenant-farmers. Such grant is not transferable except by hereditary succession. Examples:

CLASSIFICATION OF LAND OF PUBLIC DOMAIN: Classification is exclusive prerogative of executive & not by judiciary Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine)

1. CARL (RA 6657) tenant-farmers on private agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as landed estate or not shall be deemed owner of a portion constituting a family-size farm of 5 hectares if not irrigated and 3 hectares if irrigated. 2. PD27 a tenant-farmer (prospective owner) will only become absolute owner upon compliance of the following 7 conditions: (a) he must pay for the land assigned to him within 15 years in annual installments at 6% interest per annum; (b) he must be a member of a cooperative; (c) he must follow certain prescribed improved farming practices; (d) he must participate in the guarantee fund program by depositing with the cooperative 1 cavan of palay per hectare each harvest; (e) if he gets a loan from a rural bank, it is his duty to allow the bank to retain 15% of the production loan; (f) he must not have violated during the period of 15 years the prohibition to transfer, except by hereditary succession, his landholding to nay person other than the government; and (g) pay the real estate taxes on the property assigned to him from the time he received the Land Transfer Certificate.

PUBLIC LANDS all lands owned by the government (Inalienable and Alienable)
Inalienable public domain: timber and miner lands Alienable and Disposable (A & D) - public agricultural land
A & D Lands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes.

1. REGISTRABLE PUBLIC LAND MODES OF ACQUIRING LAND TITLE a. Public Land Grant A conveyance of public land by government to a private individual. Ex.: Royal grant/concessions and homestead patent

2. NON-REGISTRABLE PROPERTIES a. Those devoted for public use and services - Art. 420 of NCC: (1) Those intended for public use, such as roads, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character. Those which belong to the State, without being for public use, and are intended for some public
Emms LTD reviewer, page 1

b. Reclamation Filing of submerged land by deliberate act & reclaiming title to it. Must be initially owned by the government.

EMMS LAND TITLES AND DEEDS REVIEWER service or for the development of the national wealth.

In Laurel v. Garcia (GR 92013, 25 July 1990), the Executive Department attempted to sell the Roppongi property in Tokyo, Japan, which was acquired by the RPG for use as the Chancery of the Phil Embassy. Although the Chancery had been transferred to another location 13 years earlier, the Court still ruled that, under Art. 422 of the Civil Code, property of public dominion retains such character until formally declared otherwise. b. Mineral Lands refer to any area where mineral resources are found. Mineral resource means any concentration of mineral/rocks with potential economic value. Minerals refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy. Sec. 4 of RA 7942 (Philippine Mining Act of 1995)
Ownership of Mineral Resources. Mineral resources are owned by the State and the exploration, development, and processing thereof shall be under its full control and supervision. The State may directly undertake such activities or it may enter into mineral agreements with contractors. The State shall recognize and protect the rights of the indigenous cultural communities to the ancestral lands as provided for by the Constitution.

Thus, if a person is the owner of agricultural land in which minerals are discovered, his ownership of such land does not give him the right to extract or utilize the said minerals without the States permission to which such minerals belong. c. Forest Land a large tract of land covered with a natural growth of trees and underbrush; a large wood. includes the public forest, the permanent forest or forest reserves, and forest reservations. (Sec. 3 of PD 705: Revised Forestry Code 19 May 1975)
- Public Forest is the mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes. - Permanent Forest or Forest Reserves refer to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes. - Forest Reservations refer to forest lands which have been reserved by the President of the Philippines fro any specific purpose or purposes.

In Republic v. CA and dela Rosa (GR L-43938, 15 April 1980, 160 SCRA 228), Justice Cruz said that the Regalian doctrine reserves to the State all natural wealth that may be found in the bowels of the earth even if the land where the discovery is made be private. The doctrine, as its name implies, is intended for the benefit of the State, not of private persons. The rule simply reserves to the State all minerals that may be found in public and even private land devoted to agricultural, industrial, commercial, residential or (for) any purpose other than mining.

According to Republic v. CA and Lastimado (GR 39473, 30 April 1979, 89 SCRA 648), and Director of Lands v. Abanzado (GR L-21814, 15 July 1975, 65 SCRA 5), if the land forms part of the public forest, possession thereof, however long, cannot convert it into private property as it is within the exclusive jurisdiction of the Bureau of Forest Development and beyond the power and jurisdiction of the registration court. d. Timber Lands In Tan v. Director of Forestry (GR L24548, 27 Oct. 1983, 125 SCRA 302), the SC reiterated the basic policy of conserving the national patrimony, as exemplified by the governments withdrawal from entry, sale or settlement of forest reserves for watershed, soil protection and timber production purposes. The Court said that (a) timber license is not a contract, within the purview of the due
Emms LTD reviewer, page 2

EMMS LAND TITLES AND DEEDS REVIEWER process clause; it is only a license or privilege, which can be validly withdrawn whenever dictated by public interest or public welfare. to the sea which is alternately covered by the ordinary flow of the tides. Foreshore lands and submerged lands (which may be subject of reclamation) are inalienable unless declared by law to be alienable and disposal portions of the public domain. In Chavez v. PEA (GR 133250, 9 July 2002, 384 SCRA 152), the SC expressed that the constitutional intent, both under the 1973 and 1987 Constitutions, is to transfer ownership of only a limited area of alienable land of the pubic domain to a qualified individual. This constitutional intent is safeguarded by the provision prohibiting corporations from acquiring alienable lands of the public domain, since the vehicle to circumvent the constitutional intent is removed.
The SCs decision of 9 July 2002 on the instant case states in its summary: 1. The 157.84 hectares of reclaimed lands comprising the Freedom Islands, now covered by certificates of title in PEAs name, are alienable lands of the public domain. PEA may lease these lands to private corporations but may not sell or transfer ownership of these lands to private corporations. PEA may only sell these lands to Philippine citizens, subject to the ownership limitations in the 1987 Constitution and existing laws. 2. The 592.15 hectares of submerged areas of Manila Bay remain inalienable natural resources of the public domain until classified as alienable or disposable lands open to disposition and declared no longer needed for public service. The government can make such classification and declaration only after PEA has reclaimed these submerged areas. Only then can these lands qualify as agricultural lands of the public domain, which are the only natural resources the government can alienate. In their present state, the 592.15 hectares of submerged areas are inalienable and outside the commerce of man. 3. Since the Amended JVA seeks to transfer to AMARI, a private corporation, ownership of 77.34 hectares of the Freedom Islands, such transfer is void for being contrary to Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain.

e. National Park refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations. (Sec. 3 of PD 705: Revised Forestry Code 19 May 1975). Lands belonging to the category of forest or timber, mineral lands and national parks are incapable of registration.

Palomo v. CA (GR 95608, 21 Jan. 1997, 334 Phil. 357)


There is no question that the lands in the case at bar were not alienable land of the public domain. As testified by the District Forester, records in the Bureau of Forestry show that the subject lands were never declared as alienable and disposable and subject to private alienation prior to 1913 up to the present. Moreover, as part of the reservation for provincial park purposes, they form part of the forest zone. It is elementary in the law governing natural resources that forest land cannot be owned by private persons. It is not registrable and possession thereof, no matter how lengthy, cannot convert it into private property, unless such lands are reclassified and considered disposable and alienable.

f.

Foreshore and Reclaimed Lands . A foreshore land, covered by the ebb and flow of the tide, formed part of the public domain (Art. 4 of the Law of Waters of 1866). The term foreshore land has been invariably defined as that strip of land that lies between 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

Emms LTD reviewer, page 3

EMMS LAND TITLES AND DEEDS REVIEWER


4. Since the Amended JVA also seeks to transfer to AMARI ownership of 290.156 hectares of still submerged areas of Manila Bay, such transfer is void for being contrary to Section 2, Article XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. PEA may reclaim these submerged areas. Thereafter, the government can classify the reclaimed lands as alienable or disposable, and further declare them no longer needed for public service. Still, the transfer of such reclaimed alienable lands of the public domain to AMARI will be void in view of Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain.

of men. Until reclaimed from the sea, these submerged areas are, under the Constitution, waters owned by the State, forming part of the public domain and consequently inalienable. h. Military and Naval Reservation pertains to a land inside a military or naval reservation which cannot be the object of registration. Ownership of Waters PD 1067 dated 13 Dec. 1976 established t he Water Code of the Phils. It repealed Art. 502 to 518 of the Civil Code on Waters.
The following belong to the State (Art. 5 of PD 1067) 1. Rivers and their natural beds; 2. Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; 3. Natural lakes and lagoons; 4. All other categories of surface waters such as water flowing over lands, water from rainfall whether natural or artificial, and water from agricultural runoff, seepage and drainage; 5. Atmospheric water; 6. Subterranean or ground waters; and 7. Seawater. The following waters found on private lands belong to the State (Art. 6 of PD 1067) 1. Continuous or intermittent waters rising on such lands; 2. Lakes and lagoons naturally occurring on such lands; 3. Rain water falling on such lands; 4. Subterranean or ground waters; and 5. Water in swamps and marshes.

i.

Republic v. CA and Republic Real Estate Corp. (299 SCRA 199, 25 Nov. 1998) In Republic v. CA and Morato (GR 100709, 14 Nov. 1997, 281 SCRA 639), the SC held that the registration of a foreshore land is void and the land should therefore be returned to the public domain:
When the sea moved towards the estate and the tide invaded it, the invaded property became foreshore land and passed to the realm of the public domain. RA 1899 - AN ACT AUTHORIZING THE RECLAMATION OF FORESHORE LANDS BY CHARTERED CITIES AND MUNICIPALITIES (22 June 1957) PD 1984 EO 380 - TRANSFORMING THE PUBLIC ESTATES AUTHORITY INTO THE PHILIPPINE RECLAMATION AUTHORITY, TRANSFERRING ITS NONRECLAMATION ASSETS AND LIABILITIES TO THE DEPARTMENT OF FINACE, AND SEPARATING THREFROM THE PEA-TOLLWAY CORPORATION FOR PURPOSES OF MANAGEMENT (26 October 2004) EO 525 - DESIGNATING THE PUBLIC ESTATES AUTHORITY AS THE AGENCY PRIMARILY RESPONSIBLE FOR ALL RECLAMATION PROJECTS (14 February 1979)

j.

Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off (Sec. 3 of PD 705: Revised Forestry Code 19 May 1975). As a matter of general policy, the Constitution expressly mandates the conservation and proper utilization of natural resources, which includes the countrys watershed. Watershed s the country had been subjected to rampant abusive treatment due to various unscientific and destructive land use practices.

g. Submerged Areas form part of the public domain, and in that state, are inalienable and outside the commerce

k. Mangrove Swamp is a term applied to the type of forest occurring on tidal flat along the sea coast, extending along stream where the water is
Emms LTD reviewer, page 4

EMMS LAND TITLES AND DEEDS REVIEWER brackish (Sec. 3 of PD 705: Revised Forestry Code 19 May 1975). In Montano v. Insular Government (GR 3714, 26 Jan. 1909, 12 Phil. 572), mangrove swamps or manglares were defined by the Court as:
mud flats, alternately washed and exposed by the tide, in which grows various kindred plants which will not live except when watered by the sea, extending their roots deep into the mud and casting their seeds, which also germinate there.

It is the result of the current of the waters (river/sea) The land where accretion takes place is adjacent to the banks of rivers or the sea coast. Accretion to registered lands needs new registration No human intervention The current causing the alluvial deposit must be from a river. If it is from the sea, the deposit will pertain to the State (RPG v. Cabangis, 53 Phil 112 1929)

Director of Forestry v. Villareal (GR L-32266, 27 Feb. 1989, 170 SCRA 598) It is now settled that mangrove swamps or manglares are forestal and not alienable agricultural land.

m. Involuntary Alienation of Land No consent from the owner of the land Forcible acquisition by the State (eminent domain) n. Transfer of Property by Descent or Devise Hereditary succession to the estate of deceased owner

PRIVATE LANDS
MODES OF ACQUIRING LAND TITLE a. Private Grant Voluntary Transfer Voluntary execution of deed of conveyance Contractual relationship between the parties Consensual b. Adverse Possession or (Acquisitive) Prescription Must be OCEN: in open, continuous, exclusive, and notorious possession If in good faith and with just title: 10 years uninterrupted possession is required If in bad faith and without just title: 30 years continuous possession is required Only available if the land possessed is public land that is alienable and disposable A property registered under the provisions of PD 1529 is not subject to prescription. Prescription is unavailing not only against the registered owner, but also against his hereditary successors. l. Accretion or Riparian Rights The deposit of soil or sediment be gradual and imperceptible.

TORRENS SYSTEM OF REGISTRATION (Chapter 2) HISTORY A system for registration of land under which, upon the landowners application, the court may, after appropriate proceedings, direct the register of deeds for the issuance of a certificate of title. It was made by Sir Robert Torrens, a layman in South Australia in 1857; and was introduced in the Philippines by Act No. 496, or the Land Registration Act of 1903. Said law later amended and superseded by PD 1529 (Property Registration Decree), which took effect on 11 June 1978.

ADVANTAGES: (AERIP-MIKE-GFM) 1. 2. 3. 4. 5. Abolishes endless fees Eliminates repeated examination of titles Reduces records enormously Instantly reveals ownership Protects against encumbrances not noted on the Torrens certificate Makes fraud almost impossible It assures.
Emms LTD reviewer, page 5

6. 7.

EMMS LAND TITLES AND DEEDS REVIEWER 8. Keeps up the system without adding to burden of taxation; systems beneficiaries pay the fees Eliminates tax titles Gives eternal title as state ensures perpetuity Furnishes state title insurance rather than private title insurance Makes possible the transfer of titles or loans within hours instead days

9. 10. 11. 12.

PURPOSE OF TORRENS LAW: quiet title to land once registered, owner might rest secure Persons Bound When Title Not Registered: 1. Grantor 2. Heirs & devisees 3. Persons with actual notice Purpose (Cases) 1. Legarda v. Saleeby (GR 8936, 2 Oct. 1915, 31 Phil 590) to quiet title to land; to put a stop forever to any question of the legality of the title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent thereto. 2. Grey Alba v. De la Cruz (GR L-5246, 16 Sept. 1910, 17 SCRA 49 [17 Phil 49]) By Torrens systems generally are meant those systems of registration of transactions with interest in land whose declared object is, under governmental authority, to establish and certify to the ownership of an absolute and indefeasible title to realty, and to simplify its transfer. 3. Republic vs. Umali (GR 80687, 10 April 1989, 171 SCRA 647)

Procedure in Land Registration Case: 1. Survey of land by Bureau of Lands or duly licensed private surveyor 2. Filing of application for registration by applicant 3. Setting of date of initial hearing of application by RTC 4. Clerk of court to transmit to Land Registration Authority (LRA) the application, date of initial hearing & other pertinent docs 5. Publication of notice of filing of application, date & place of hearing in OG and in newspaper of general circulation 6. Service of notice contiguous owners, occupants & those who have interest in property 7. Filing of answer or opposition to application 8. Hearing of case by RTC 9. Promulgation of judgment by court 10. Issuance of decree by RTC decision; Instruct LRA to issue decree of confirmation & registration 11. Entry of decree of registration in Land Titles Administration 12. Sending of copy of decree to Register of Deeds (ROD) 13. Transcription of decree of registration in registration book & issuance of the owners duplicate original certificate of title of the applicant by the LRA - upon payment of prescribed fees

Nature of Proceedings
Grey Alba v. De la Cruz Registration under the Torrens system is a proceeding in rem. The main principle of registration is to make registered titles indefeasible. Upon the presentation in court of an application for the registration of the title to lands, the theory under the Torrens system is that all occupants, adjoining owners, adverse claimants, and other interested persons are notified of the proceedings, and have a right to appear in opposition to such application. In other words, the proceeding is against the whole world. Sec. 2, PD 1529, expressly states that judicial proceedings for the registration of lands shall be in rem and shall be based on the generally accepted principles underlying the Torrens system.
Emms LTD reviewer, page 6

4. Pino vs. CA (GR 94114, 19 June 1991 [6 Nov. 1997?])

EMMS LAND TITLES AND DEEDS REVIEWER

Effects of Registration 1. creates a real right but without prejudice to rights of 3rd persons 2. if it is not registered, it is valid as between parties but not to 3rd persons without notice Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land shall, if registered, filed or entered in the office of the Register of Deeds of the province or city where the land to which it relates lies, be constructive notice to all persons from the time of such registering, filing or entering. (Sec. 52, PD 1529)

Sec. 4. Section 34 of the same law is hereby amended to read as follows: "Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts."

Land Registration Authority (LRA) 1. Sections 28 30, Chapter 9, Book IV, Title III, Executive Order No. 292
SEC. 28. The LRA shall continue to exercise its powers and functions under existing law on the Land Titles and Deeds Registration Authority and those which may hereafter be provided by law. SEC. 29. Organizational Structure. The Authority shall be headed by an Administrator who shall be assisted by two (2) Deputy Administrators, all of whom shall be appointed by the President upon the recommendation of the Secretary. SEC. 30. Reorganization of Registry Offices in the NCR. The RDs in the NCR are hereby reorganized as follows: (1) The RDs in the cities of Manila, Quezon, Pasay and Caloocan shall be maintained; (2) There is hereby created RDs in the Municipalities of Navotas, Malabon, Valenzuela, Mandaluyong, San Juan, Marikina, Las Pias and Paraaque with jurisdiction over their respective municipalities; (3) The RD of Pasig shall be maintained with jurisdiction over the Municipalities of Pasig, Taguig and Pateros; and (4) The RD of Makati shall have jurisdiction over the municipalities of Makati and Muntinlupa.

2. SC Circular 6-93-A (15 Nov. 1995)


SUBJECT: DELEGATED JURISDICTION OF MTC's AND MCTC's TO HEAR AND DETERMINE CADASTRAL AND LAND REGISTRATION CASES. Pursuant to Sec. 34 of BP 129, as amended by RA 7691 (14 April 1995), and the Reso of the Court En Banc in AM 93-3-488-0 dated 25 March 1993 [Re: Request of DENR for Metropolitan and Municipal Trial Courts to hear cadastral and land registration cases under Sec. 34, B. P. Blg. 129], the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts to hear cadastral and land registration cases involving uncontested lots and contested lots, the value of which does not exceed Php100K as may be ascertained by affidavit of the claimants or by their agreement or from the corresponding tax declarations: Provided, That: [1] Cadastral or land registration cases filed before the effectivity of this Admin Circulars but where hearing has not yet commenced shall be transferred by the Exec. Judge of the RTC having jurisdiction over the case to the Exec. Judge of the appropriate MTC, Municipal Trial Court in Cities, Municipal Trial Court or Municipal Circuit Trial Court for the required raffle among the branches of the Courts under his admin supervision; and [2] Cadastral or land registration cases pending in the RTC where trial had already been commenced as of the date of the effectivity of this Administrative Circular shall remain with said courts. However, by agreement of the parties, these cases may be transferred to the appropriate Metropolitan Trial Court or Municipal Trial Courts.

Jurisdiction of the Courts 1. Sec. 34 of BP 129 as amended by RA7691: AN ACT EXPANDING THE JURISDICTION OF THE MTC, MUNICIPAL TRIAL COURTS, AND MCTC, AMENDING FOR THE PURPOSE BP 129 (JUDICIARY REORGANIZATION ACT OF 1980).

3. SC Circular No. 38-97 (20 June 1997)

Emms LTD reviewer, page 7

EMMS LAND TITLES AND DEEDS REVIEWER


SUBJ: CLARIFICATION OF THE EXTENT OF DELEGATED JURISDICTION UNDER AC 6-93-A OF MeTCs, MTCCs, MTCs AND MCTCs TO HEAR AND DETERMINE CADASTRAL AND LAND REGISTRATION CASES Numerous queries from the Courts concerned have been received by the Court Administrator regarding the scope of the delegated jurisdiction under AC 693-A of MeTCs, MTCCs, MTCs AND MCTCs to hear and determine cadastral and land registration cases, particularly as to WON the delegation covers petitions and MR of lost certificate of title. The clear tenor and intention of AC 6-93-A is that only original cadastral or land registration cases are covered. The jurisdiction of the First Level Courts, being merely delegated, should be limited to what is expressly mentioned in the delegation. 1. There are limits to the delegation, i.e., either the subject matter is an uncontested lot or if contested the value of the lot should not exceed P100K. There will be difficulty in the determination of these limits if and when the First Level Courts are required to exercise delegated jurisdiction over petitions subsequent to original registration. 2. A First Level Court should not be placed in a situation where, in disposing of a matter subsequent to registration, it will have to consult the records of another Court, which granted the original registration. 3. To require First Level Courts to handle petitions after original registration would unduly increase their dockets already loaded with cases covered by RA 7691, the law on their expanded jurisdiction. NATIONAL ECONOMY AND PATRIMONY Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

2. Ramirez vs. Vda. de Ramirez, 111 SCRA 704


The court a quo upheld the validity of the usufruct given to Wanda de Wrobleski, an Austrian who lives in Spain and companion of decedent Jose Eugenio Ramirez, on the ground that the Constitution covers not only succession by operation of law but also testamentary succession. We are of the opinion that the Constitutional provision which enables aliens to acquire private lands does not extend to testamentary succession for otherwise the prohibition will be for naught and meaningless. Any alien would be able to circumvent the prohibition by paying money to a Philippine landowner in exchange for a devise of a piece of land. This opinion notwithstanding, We uphold the usufruct in favor of Wanda because a usufruct, albeit a real right, does not vest title to the land in the usufructuary and it is the vesting of title to land in favor of aliens which is proscribed by the Constitution.

ORIGINAL REGISTRATION PROCEEDINGS (Chapter 3) WHO MAY APPLY [Sec. 14, Pars (1) to (4) of PD 1529]: 1. Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive, notorious possession of patrimonial property of state under bona fide claim of ownership since 12 June 1945 or earlier 2. Those who acquired ownership of private land by prescription 3. Those who acquired ownership of private lands or abandoned river beds by right of accession or accretion 4. Those who acquired ownership of land in any other manner provided for by law Citizenship Requirement Natural Person 1. Section 7 8 of Article XII of the 1987 Constitution

3. Krivenko vs. Register of Deeds, 79 Phil 461 (1947)


Maintaining that the public agricultural lands mentioned in Sec. 1, Art. XIII of the 1935 Constitution (now Sec. 2, Art. XII of the 1987Constitution), include residential, commercial and industrial lands, the Court stated that: natural resources, with the exception of public agricultural land, shall not be alienated, and with respect to public agricultural lands, their alienation Is limited to Filipino citizens. But this constitutional purpose conserving agricultural resources in the hands of Filipino citizens may easily be defeated by the Filipino citizens themselves who may alienate their agricultural lands in favor of aliens. It is partly to prevent this result that Sec. 5 is included in Art. XIII, and it reads as follows: Sec. 5. Save in cases of hereditary succession, no private agricultural land will be transferred or assigned except to individuals, corporations or associations qualified to acquire or hold lands of the public domain in the Philippines.

4. Ong Ching Po vs. Court of Appeals, 239 SCRA 341


Emms LTD reviewer, page 8

EMMS LAND TITLES AND DEEDS REVIEWER


The capacity to acquire private land is made dependent upon the capacity to acquire or hold lands of the public domain. Private land may be transferred or conveyed only to individuals or entities qualified to acquire lands of public domain. The 1935 Constitution reserved the right to participate in the disposition, exploitation, development and utilization of all lands of the public domain and other natural resources of RP for Filipino citizens or corporations at least 60% of the capital of which was owned by Filipinos. Aliens, whether individuals or corporations, have been disqualified from acquiring public lands; hence, they have also been disqualified from acquiring private lands. Hence, non-Filipinos cannot acquire or hold title to private lands or to lands of the public domain, except only by way of legal succession. doing he is merely exercising the prerogative of a husband in respect of conjugal property. To sustain such a theory would permit indirect controversion of the constitutional prohibition. If the property were to be declared conjugal, this would accord to the alien husband a not insubstantial interest and right over land, as he would then have a decisive vote as to its transfer or disposition. This is a right that the Constitution does not permit him to have.

7. Batas Pambansa Bilang 185 (1982) as amended by R.A. 8179 (1996)


Inserted Sec. 10 to RA 7042 (Foreign Investments Act of 1991) to read as follows: Other rights of natural-born citizen pursuant to the provisions of Art. XII, Sec. 8 of the Constitution. Any natural-born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under RP laws may be a transferee of a private land up to a max. area of 5K sq.m. in the case of urban land (1K sq.m. only based on BP185) or 3 hectares in case of rural land (1 ha based on BP185) to be used by him for business or other purposes. In the case of married couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same, the total area acquired shall not exceed the max. herein fixed.

The following may acquire private lands:


a. Filipino citizens; b. Filipino corporations and associations as defined in Sec. 2, Art. XII of the 1987 Constitution; and, by exception: c. Aliens, but only by hereditary succession; and d. A natural-born citizens of the Philippines who has lost his citizenship under the terms of Sec. 8. Filipino citizens can both acquire or otherwise hold lands of the public domain. Filipino corporations cannot acquire lands of the public domain but they can hold such lands by modes other than acquisition, such as lease. (Bernas)

Corporation
1. Register of Deeds of Rizal vs. Ong Sui Si Temple, 97 Phil 58 (1955)
In this case, the Court ruled that in view of the absolute terms of Sec. 5, Art. XIII of the 1935 Constitution (now Sec. 7, Art. XII of the 1987 Constitution) that save in cases of hereditary succession, not private agricultural alnd shall be transferred or assigned except to individuals, corporations or associations qualified to acquire or hold lands of the public domain in the Philippines, the Constitution makes no exception in favor of religious associations. Moreover, the Court stated that it has not been shown that land tenure is indispensable to the free exercise and enjoyment of religious profession or worship, or that one may not worship the Deity according to the dictates of his own conscience unless upon land held in fee simple.

5. Phil. Banking vs. Lui She, 21 SCRA 52 (1967)


"Taken singly, the contracts show nothing that is necessarily illegal, but considered collectively, they reveal an insidious pattern to subvert by indirection what the Constitution directly prohibits. To be sure, a lease to an alien for a reasonable period is valid. So is an option giving an alien the right to buy real property on condition that he is granted Philippine citizenship.

6. Cheesman vs. IAC, 193 SCRA 93


The fundamental law prohibits the sale to aliens of residential land. Section 14, Article XIV of the 1973 Constitution ordains that, "Save in cases of hereditary succession, no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain." Petitioner Thomas Cheesman was, of course, charged with knowledge of this prohibition. Thus, assuming that it was his intention that the lot in question be purchased by him and his wife, he acquired no right whatever over the property by virtue of that purchase; and in attempting to acquire a right or interest in land, vicariously and clandestinely, he knowingly violated the Constitution; the sale as to him was null and void. In any event, he had and has no capacity or personality to question the subsequent sale of the same property by his wife on the theory that in so

2. Roman Catholic Archbishop of Davao vs. LRC, 102 Phil 596 (20 Dec. 1957)
A corporation sole, which consist of one person only, is vested with the right to purchase and hold real estate and to register the same in trust for the faithful or members of the religious society or church for which the corporation was organized. The reason is that a corporation sole has no nationality. A corporation sole is not the owner of the properties that he may acquire but is merely the administrator thereof. The properties pass, upon his death, not to his personal heirs, but to this successor in office.

Emms LTD reviewer, page 9

EMMS LAND TITLES AND DEEDS REVIEWER 3. Register of Deeds vs. China Banking Corporation, 4 SCRA 1146 (1964)
It does not follow that because the parties are in pari delicto, they will be left where they are, without relief. The Court gave two reasons why the pari delicto rule may not be applied: (1) the original parties who were guilty of a violation of the fundamental charter have died and have since been substituted by their administrators to whom it would be unjust to impute their guilt, and (20 as an exception to the rule on pari delicto, when the agreement is not illegal per se but is merely prohibited and the prohibition by law is designed for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paiud or delivered.

1. In writing & signed by applicant or person duly authorized 2. Description of land 3. Citizenship 4. Civil status 5. Full names & address of occupants & adjoining owners

Form and Contents of Application (Cases) 1. Republic vs. Alon, 199 SCRA 396

4. Director of Lands vs. Intermediate Appelate Court & ACME, 146 SCRA 509 (1986)
Where at the time the corporation acquired the land, its predecessor-in-interest had been in possession and occupation thereof in the manner and for the period prescribed by law as to entitle him to registration in his name, then the proscription against corporations acquiring alienable lands of public domain except through lease does not apply for the land was no longer public land but private property.

2. Escueta vs. Director of Lands 16 Phil 482

LIMITATION TO OWNERSHIP OF LAND BY CORPORATION: 1. PRIVATE LANDS a. At least 60% Filipino to acquire private land b. Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created c. If engaged in agricultural restricted to 1,024 ha. 2. PATRIMONIAL PROPERTY OF STATE a. Lease for 25 years renewable b. Limited to 1,000 ha. c. Apply to both Filipinos and foreign companies.

3. Director of Lands vs. CA, 276 SCRA 279 (1997)

WHAT TO ACCOMPANY APPLICATION 1. Tracing cloth plan duly approved by the Director of Lands 2. 3 copies of technical descriptions 3. 3 copies of surveyors certificate 4. All original muniments of title 5. 4 copies of certificate by city/provincial treasurer of assessed value of land

Where to File Original registration of lands under the Torrens system is filed with the Land Registration Authority (LRA) created by PD 1529, being the central repository agency relative to these documents. AMENDMENTS ALLOWED ALLOWED & NOT

FORM AND CONTENTS OF APPLICATION

1. Substantial change in boundaries or increase in area - new technical description necessary need new publication & notice 2. Substitution of name of new owner file motion with court
Emms LTD reviewer, page 10

EMMS LAND TITLES AND DEEDS REVIEWER 3. Decrease the area file motion in court MUNIMENT OF TITLE instruments or written evidence which applicant hold or posses to enable him to substantiate & prove title to his estate to confer jurisdiction upon the court over the res, and To apprise the whole world of the pending registration case so that they may assert their rights or interests in the land, if any, and oppose the application, if so minded

TRANSACTION TOOK PLACE ISSUANCE OF DECREE:

BEFORE

1. Record instrument in ROD in same manner as if no application was made 2. Present instrument to RTC, motion praying that same be considered in relation to the pending application TRANSACTION TOOK ISSUANCE OF DECREE: PLACE AFTER

2. In Roxas vs. CA (GR No. 118436, 21 March 1997) 63 SCRA 302 , it was held that while publication of the notice in the OG is sufficient to confer jurisdiction upon the court, publication in a newspaper of general circulation remains an indispensable component of procedural due process. 3. Similarly, in Director of Lands vs. CA and Abistado (GR No. 102858, 28 July 1997, 27 SCRA 276), the Court ruled that the rationale behind the newspaper publication is due process and the reality that the OG not as widely read and circulated as newspapers and is oftentimes delayed in its circulation. The registration court has no authority to dispense with such mandatory requirement. Mailing within 7 days after publication in the OG of the notice of initial hearing, the LRA Administrator shall cause a copy of the notice to be mailed to every person named in the notice whose address is known. This requirement is mandatory. Posting within 14 days before the initial hearing, the LRA Administrator shall cause a duly attested copy of the notice to be posted by the sheriff in a conspicuous place on the land applied for an also in a conspicuous place on the bulletin board of the municipality or city in which the land is situated. This requirement is also mandatory. TO WHOM NOTICE MUST BE SENT: 1. City/municipal mayor & provincial governor 2. DAR, SolGen and Director of Lands, Director of Fisheries, Director of Mines 3. Adjoining owners & those who have rights or interest thereto REQUISITES OF OPPOSITION: 1. Set forth objections to the application 2. State interest claimed by oppositor GENERAL DEFAULT is when no person appears and answers within time prescribed while SPECIAL DEFAULT is when a party appears at initial hearing without having filed an
Emms LTD reviewer, page 11

Register directly with ROD for purpose of canceling such title & issuing a TCT

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT HEARING within 7 days after publication in OG not less than 45 not more than 90 days from date of order Dealings with Registration Land Pending Original

Sec. 22 of PD 1529 provides that land can be sold or dealt with during the pendency of its registration. After the filing of the application and before the issuance of the decree of registration, the land may still be the subject of dealings in whole or in part, in which case the interested party shall present to the court the pertinent instruments together with a subdivision plan approved by the Director of Lands in case of transfer of portions thereof. Upon notice to the parties, the court shall: (1) order the land registered in the name of the applicant subject to the conveyance or encumbrance created by such instruments, or (2) order that the decree of registration be issued in the name of the person to whom the property has been conveyed. Notice of Application Publication 1. Purpose

EMMS LAND TITLES AND DEEDS REVIEWER answer and asks court for time to file answer but failed to do so within period allowed

CHAPTER 7: CERTIFICATE OF TITLE TORRENS TITLE certificate of ownership issued under the Torrens System of registration by the government through road naming & declaring owner in fee simple of property described therein free from all liens except those expressly noted PROCESS: 1. Within 15 days from finality of order of judgment directing registration of title court to order LRA to issue decree of registration and certificate of title 2. Clerk of court will send order of court & copies of judgment 3. Administrator to issue decree of registration & original & duplicate of OCT signed by Administrator, entered & file decree of registration in LRA 4. Send to ROD original & duplicate of title & certificate for entry in his registration book 5. Enter in record book, dated, signed, numbered & sealed take effect upon date of entry 6. ROD to send notice to registered owner ready for delivery after payment of fees 7. ROD shall send duplicate & note on each certificate of title to whom it is issued 8. Original copy to be filed in ROD; bound in consecutive order ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES: 1. Splitting or consolidation ordinary ROD level, no court involved 2. Subdivision plan approval of NHA, final approval of LRA, then ROD to issue memorandum that streets not to be disposed except by way of donation to govt. shall be effected without approval of NHA ANNOTATIONS AT BACK OF CERTIFICATE need court order, otherwise null & void

Emms LTD reviewer, page 12