LAND TITLES OUTLINE AND REVIEWER for MIDTERMS (AQUINO BOOK) Chapter 1: Torrens System and Purpose, the

Governing Law, the Proper Court 1. Definition and Coverage Torrens System system of registration of transactions with interest in land whose object is under governmental authority, to establish and certify to the ownership of an absolute and indefeasible title to realty and to simplify transfer. 2. Purpose a) Avoid possible conflicts of title in and to real property b) Facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further, except when the party concerned has actual knowledge of facts and circumstances that should impel and reasonably cautious man to make such further inquiry 3. Nature of land registration proceedings In rem, therefore binding on the whole world; it binds persons known and unknown. 4. Governing Law Property Registration Decree (PD 1529) covers both ordinary and cadastral registration proceedings; reconstitution of lost or destroyed originals of Torrens title; supersedes all other related laws to registration of property. 5. Related Laws a) Land Registration Law (Act No. 496) b) Public Land Act (Commonwealth Act No. 141) c) Republic Act No. 26 6. Jurisdiction of RTC over registration of title RTC now has plenary (general and exclusive) jurisdiction over land registration proceedings. It is now authorized to hear and try not only non-controversial cases but also the contentious and substantive issues which were beyond its competence before. 7. Delegated Jurisdiction MTC, MCTC, MeTc has jurisdiction over: a) Cadastral and land registration cases assigned by the Supreme Court where there is no controversy or opposition b) Value of contested does not exceed P100,000

Jonathan Jo B2013

Page 1

Chapter 2: Administration of Torrens System 1. Land Registration Authority LRA agency of the government charged with the efficient execution of the laws relative to the registration of lands, and is under the executive supervision of the Department of Justice. Headed by an Administrator and assisted by 2 Deputy Administrators, all appointed by the President of the Philippines upon recommendation by the Secretary of Justice. A. Functions of the Authority a) Extend speedy and effective assistance to the DAR and Land Bank in land reform programs b) Extend assistance to courts in original and cadastral land registration proceedings c) Central repository of records relative to original land registration under Torrens System B. Functions of the Administrator a) Issue decrees of registration pursuant to final judgment of courts in land registration proceedings and cause issuance of certificate of title by Register of Deeds b) Exercise supervision and control over Register of Deeds c) Resolve cases elevated en consulta or on appeal from decisions of Register of Deeds d) Exercise executive supervision over all personnel of RTCs with respect to their functions and duties in land registration e) Implement orders, decisions, decrees relative to land registration f) Verify and approve subdivision, consolidation and subdivision-consolidation survey plans of properties 2. Register of Deeds Public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is located. Appointed by the President upon recommendation of the Secretary of Justice. Must be admitted in the practice of law and shall have been actually engaged in such practice for at least 3 years OR has been employed for the like period in any branch of government that deals with registration of property. Assisted by Deputy Register of Deeds who is a member of the Philippine Bar and appointed by the Secretary of Justice upon recommendation of the Administrator of the LRA. A. General Functions a) Immediately register an instrument presented for registration dealing with real or personal property which complies with registration requirements b) Inform of the presentor in writing if registration is denied with reason or ground for denial c) Prepares and keeps and index system which contains the names of all registered owners alphabetically arranged and all lands registered in their names

Jonathan Jo B2013

Page 2

B. Ministerial character of duty to register instrument Cannot decide by personal judgment and discretion if deed or instrument is invalid or not. C. When Register of Deeds may deny registration of voluntary instruments a) There are more than 1 copy of owners duplicate certificate of title and not all are presented to the Register of Deeds b) Where there is an infirmity on the face of the voluntary instrument c) Where the validity of the instrument is under a pending court suit d) Registration of private document Chapter 3: Original Registration under PD 1529 1. Requisites in ordinary land registration proceedings (same also in confirmation of imperfect or incomplete title) a) b) c) d) e) f) g) h) i) j) k) l) m) Survey of land by Bureau of Lands or licensed private surveyor Filing of application for registration Setting of the date for the initial hearing by the court Transmittal of the application and date of initial hearing with all supporting documents Publication of notice of the filing of application and date and place of hearing in the Official Gazette Service of notice upon contiguous owners, occupants and those known to have interest in the property Filing of answer to the application Hearing of the case Promulgation of court judgment Issuance of decree by court declaring the decision final and ordering LRA to issue a decree of confirmation and registration Entry of decree of registration in LRA Sending of copy of decree of registration to Register of Deeds Transcription of decree of registration in registration book and issuance of owners duplicate original certificate of title to applicant *Certificate of title issued without complying with requisites is invalid and may be cancelled by the courts. 2. Applicants in ordinary registration proceedings (1) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945 or earlier. (2) Those who acquired ownership of private lands by prescription under the provisions of existing laws (3) Those who have acquire ownership of private lands or abandoned river beds by right of accession or accretion (4) Those who have acquired ownership of land in any other manner provided by law. Jonathan Jo B2013 Page 3

A. Acquisition of ownership of lands under Civil Code a. Rules on computation of prescription b. Rules on alluvion c. Rules on abandoned river beds B. Persons or entities acquiring ownership of land by other modes a. Those who have a land grant by Presidential proclamation b. When land is ceded to that person by law C. Persons who cannot properly file an application for registration of land a. Public land sales applicant b. Mortgagee c. Antichretic creditor d. Person or entity whose claim of ownership had been denied in a reivindicatory action 3. Form and Contents of application a) Description of land applied for together with improvements b) Citizenship and civil status of applicant c) Assessed value of land and improvements d) Mortgages and encumbrances e) Manner of land acquisition f) Full names and addresses of all occupants of land and those of adjoining owners g) Claim on what portion of the land within the limits of the way or road h) Other facts necessary A. Where to File: RTC of province or city where land is situated B. Amendments to application where publication needed: a) Substantial change in boundaries b) Increase in the area of land applied for c) Inclusion of an additional land Chapter 4: Judicial Confirmation of Imperfect or Incomplete Title under Public Land Act 1. Nature of the Proceeding a) In rem b) Judicial proceeding c) Decree of registration is conclusive and final 2. Changes in law governing judicial confirmation of imperfect or incomplete title The required period of possession of the applicant for at least 30 years immediately preceding the filing of application has been changed to a possession since June 12, 1945 AND the land must be alienable and disposable. 3. Extended period for filing applications Latest extension of the period is up to Dec. 31, 2020. Jonathan Jo B2013 Page 4

4. Limitation of area applied for Land applied for must not exceed 144 hectares. Subsequent extensions of the period to file application apply only to areas applied for which does not exceed 12 hectares. 5. Applicants a) Filipino citizen who by themselves or through predecessors in interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of acquisition since June 12, 1945 or earlier, or even time immemorial. b) Filipino citizens who by themselves or their predecessors in interest have been prior to PD 1073 on January 25, 1977, in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership for at least 30 years or at least since January 24, 1947. c) Private corporations or associations which had acquired alienable and disposable lands from Filipino citizens who possessed the same in the manner stated above. d) Natural-born citizens who have lost their Philippine citizenship who have acquired disposable and alienable land from Filipino citizens in the manner above. A. What applicants must prove a) Land is alienable and disposable b) Possessed the land in the concept of an owner for more than 30 years OR since June 12, 1945. B. Effect of compliance with requirement: right to a grant, a government grant without necessity of a certificate of title being issued. 6. Private corporations or associations as applicants Prohibitions in the Constitution do not apply to private corporations where at the time such corporation acquired the land, its predecessors in interest acquired ownership through exclusive, continuous and adverse possession. In short, private corporations can acquire land previously converted into private land through acquisitive prescription. 7. Form and Contents of Application: Material facts required under Section 15 of PD 1529. 8. Confirmation of title over land previously declared public land Judicial declaration that a parcel of land is public does not preclude the applicant from subsequently seeking a judicial confirmation of his title to the same land provided the land remains alienable and disposable and complies with the provisions of Section 48 of Comm. Act 141, as amended.

Jonathan Jo B2013

Page 5

Chapter 5: Non-Registrable Properties 1. Civil Code provisions dealing with non-registrable properties a) Those intended for public use b) Those which belong to the State, without being for public use but are intended for some public service (Regalian Doctrine: all properties of the public domain are owned by the state except those that have been declared alienable and disposable) c) Special properties such as water (Art. 502) 2. Specific Kinds of Non-registrable properties or lands Power to reclassify public lands into alienable and disposable lands is an exclusive prerogative of the Executive Department. A. B. C. D. E. F. G. H. I. J. K. L. Forest or Timberland, public forest, forest reserves Mangrove Swamps Mineral Lands Foreshore land and Seashore Navigable rivers, streams and creeks Lakes Military reservations Other kinds of reservations Watershed Grazing Lands Previously titled land Alluvial deposit along river when man-made

Chapter 6: Publication, Opposition, Default 1. Notice of Initial Hearing A. Publication Once in the Official Gazette and once in a newspaper of general circulation. Publication in the Official Gazette was sufficient however according to Director of Lands v. CA, publication of notice of initial hearing in a newspaper of general circulation has become mandatory and imperative. Purpose: a) to confer jurisdiction b) to charge the whole world with knowledge of application of land and invite them to take part in the case and assert and prove their rights over the property Defective publication: a) What was published in the Official Gazette is the description of a bigger lot which includes the lands subject to registration. b) Actual publication of notice of initial hearing was after the hearing itself. Jonathan Jo B2013 Page 6

Effect of defective publication: deprives court of jurisdiction B. Mailing (mandatory and jurisdictional) Persons whom notice is to be given by mailing: a) Every person named in the notice whose address is known within 7 days after publication of said notice in OG b) Secretary of Public Works and Highways, Provincial Governor and Mayor of municipality or city if applicant requests to have the line of a public way or road determined c) Secretary of Agrarian Reform, Solicitor General, Director of Land Management, Director of Mines, Director of Fisheries and Aquatic Resources if land borders a river, stream, shore, lake or if a tenant or the government may have an adverse claim d) Other persons the court may deem proper C. Posting (mandatory and jurisdictional) a) Posted in a conspicuous place on each parcel of land included in the application b) Conspicuous place on the bulletin board of the municipal building Posting must be done at least 14 days before date of initial hearing. Proof of publication and notice: Certification of LRA and Sheriff concerned 2. Opposition to Application in ordinary proceedings A. Oppositors Need not be named in the notice of initial hearing; must claim and interest based on a right of dominion; does not have to show a title to himself. a) Homesteader who had not yet been issued his title but had fulfilled all conditions by law to entitle him to a patent b) Purchases of a friar land before issuance of patent to him c) Persons who claim to be in possession of a tract of public land and have applied with the Bureau of Lands for its purchase B. Contents and form of opposition: verbal opposition allowed, written opposition to follow; opposition must contain all objections to application and set forth the interest claimed 3. Default A. Effect of default, remedy Effect: allegations in application are deemed confessed on the part of opponent Remedy: Lift order of general default due to: a) Fraud b) Accident c) Mistake d) Excusable negligence Jonathan Jo B2013 Page 7

B. When default order is improper, remedy: Petition for Certiorari C. Motion to dismiss application; motion to dismiss opposition: allowed, can apply the principle of res judicata Chapter 7: Evidence 1. Burden of Applicant: Must prove that he is the real and absolute owner, in fee simple; must rely on strength of own evidence and not on absence or weakness of the evidence of oppositor. 2. What applicant must prove: a) Land is alienable and disposable b) Identity of the land c) Possession is open, notorious, exclusive and continuous d) Claim must be based in muniments of title (ex. Deed of sale, donation, other documents) 3. Specific Evidences: A. Proofs that land has been classified as alienable and disposable a) Presidential proclamation b) Executive order c) Administrative order by Secretary of Environment and Natural Resources d) Bureau of Forest Development e) Certification by Director of Forestry and reports of District Forester (not controlling in all cases) f) Investigation reports of Bureau of Lands investigator g) Legislative act or by statute B. Proofs NOT sufficient to establish declassification of forest land to alienable and disposable a) Survey plan b) Conversion of land into fishpond and the titling of properties around it c) The fact that the land has become a highly developed residential or commercial land d) Pasture lease permits e) Public grazing land documents f) Certification of Director of Forestry based on land classification map that land is still public forest suffices to show such fact C. Proofs on identity of land a) Survey plan in general b) Tracing cloth and blue print copies of plan c) Technical description of land applied for, signed by Geodetic Engineer d) Tax Declarations e) Boundaries and Area D. Proofs of private ownership a) Spanish Titles (Spanish titles are now inadmissible as proof of ownership in land registration proceedings filed after Aug. 16, 1976) Jonathan Jo B2013 Page 8

b) Tax declarations and realty tax payments (not conclusive evidence, but become strong proof if coupled with proof of actual possession) c) Presidential issuances and legislative acts d) Other kinds of proofs 1) Testimonial Evidence 2) Deeds of Sale E. Proofs NOT sufficient to establish private right or ownership a) Compromise agreement b) Decision in an estate proceeding c) Survey plan of the land F. Possession as mode of acquiring ownership Applicant needs to present specific facts that would show that there was an open, exclusive and undisputed possession of alienable public land for the period prescribed by law. The law merely requires that the property sought to be registered as already alienable and disposable at the time of the application for registration of title is filed. May apply rules on tacking of possession to that of predecessor. G. Insufficient proof of possession; negating circumstances a) Cultivation of land and raising of cattle b) Tax declaration not in name of applicant or delayed tax declaration c) Possession by mere tolerance d) Applicants tacked their possession to that of their predecessor in interest but they did not present him as witness e) Failure of State to cross0examine the applicant f) Possession of other persons in the land applied for g) Declaring land for taxation purposes and visits once in a while Chapter 8: Hearing, Judgment and Post-Judgment Incidents in Ordinary Land Registration 1. Speedy Hearing, reference to a referee, order of trial Case must be disposed of within 90 days from submission for decision. May refer case to a referee who shall hear the parties and their evidences and he shall submit a report within 15 days after termination of hearing. Applicant must first produce evidences subject to cross-examination by oppositor and then formally offer said evidence. Oppositor would then follow same procedure by analogy. 2. Res judicata as applied in registration proceedings A. Elements of res judicata a) Former judgment must be final b) Court rendering it must have jurisdiction Jonathan Jo B2013 Page 9

c) Judgment on merits d) Identity of parties, subject matter and cause of action between first and second action Final judgment in ordinary civil action is res judicata; decision in cadastral proceedings is NOT res judicata. 3. Judgment Partial judgment may be rendered on an uncontested portion of land applied for. However, applicant must substantiate his claim to such portion through evidence; otherwise the uncontested portion would be declared public land. A. Only claimed property or portion thereof can be adjudged B. Where portions of land are covered by public land patents, court cannot simply invalidate them even if applicants evidence establishes his private ownership of these titled portions. C. Reports of the LRA and Director of Land Management The court on the basis of the report of the LRA that the lots adjudged were already titled through a homestead patent, can still set aside its decision in the case. D. In whose name registration of land may be made: applicant or oppositor However: a) Land may be adjudged or decreed in name of buyer or person to whom land was conveyed even though he was not a party as applicant or oppositor. b) No need to amend the application for registration to substitute the original applicant with the buyer c) The requirement that the interested party has to present such instruments in court, by motion, does not preclude that the applicant himself present such conveyance as when the latter adduces evidences showing conveyance of the land d) Motion accompanying instrument need not be in writing, may be in testimony 4. Finality of judgment and order to issue decree Finality of judgment after 15 days from receipt of notice of judgment Court orders must be received by the Solicitor General to have a binding effect. However, as long as a final decree has not been entered by the LRA and the period of 1 year has not elapsed from date of decree, the title is not finally adjudicated and the decision in the registration proceeding continues to be under the control and sound discretion of the court. After final judgment the court shall, within 15 days issue an order the Administrator of LRA to issue corresponding decree of registration and certificate of title.

Jonathan Jo B2013

Page 10

Court may still issue said order even beyond the mentioned period as to not prejudice the adjudged owner. A decision in a land registration case is not rendered inefficacious by laches or statute of limitations, that a decree issued pursuant to such judgment even after the lapse of 10 years is not void. 5. Remedies where records are destroyed or lost File for new action for registration. If records in the trial courts are still intact, start again where records are available. However, where records in the lower court were destroyed at the stage where there was already a decision and the appellate court had affirmed the judgment, but authentic copies of the decisions of both courts are available, no commencement of new action is needed. Lower court may issue decree of registration. -> Reconstitution 6. Post-Judgment incidents A. Writ of possession Writ may be issued not only against the person who has been defeated but also against any person unlawfully and adversely occupying the land. No prescription on the issuance of this writ. When writ of possession may not be issued: a) Against a person who entered the property after issuance of the final decree and who had not been a party to the case b) In a petition for reconstitution of allegedly lost or destroyed certificates of title Remedy when there is refusal to vacate land despite writ: sheriff has the duty to enforce the writ of possession B. Writ of Demolition For the demolition of improvements built by defeated oppositor. Dependent upon the writ of possession to have effect. Chapter 9: Cadastral Registration Proceedings 1. Nature of cadastral proceeding a) In rem b) Involuntary (initiative in filing the petition for registration is by the State) c) Objective is the adjudication of title of the land 2. Cadastral survey preparatory to filing of petition a) President may direct the Director of Land Management to cause a cadastral survey of the land as well as the plans and technical description Jonathan Jo B2013 Page 11

b) Director of Land Management shall give notice to persons claiming interest over the land as well as to the general public of the day when survey will begin and the description of the land. Notice is published once in the OG, a copy will be posted on a conspicuous place in municipal bulletin board, a copy shall be sent to the mayor, barangay captain, Sangguniang Panlalawigan and Sangguniang Bayan c) Geodetic Engineers will give notice when the survey will begin, this is posted at the municipal bulletin board. GE may set up monuments and markers d) Persons claiming interest over the land must communicate with the GE 3. Petition A. Contents a) Public interest requires that the titles be adjudicated b) Description of the land c) Plan d) Other relevant data B. Notice of Initial Hearing a) Publication twice in successive issues of the OG b) Mailing, sent to: 1) Mayor 2) All persons named thereon whose address is known 3) Provincial governor c) Posting conspicuous place on the land and conspicuous place in municipal building 4. Answer to Petition (contents) a) Civil Status of claimant b) Age of claimant c) Cadastral number of lot claimed d) Name of barrio or municipality where lot is located e) Length of time of such possession and manner of acquisition (if claimant in possession of lot) f) Claimants interest and time and manner of acquisition (if claimant not in possession of lot) g) Last assessed value of the lots h) Encumbrances 5. Motion to dismiss petition a) Allowed if land is covered by certificate of title pursuant to a public land patent such as homestead, sales patent, free patent b) Based on Res judicata 6. Hearing; Judgment; Decree Generally same procedure as ordinary land registration proceedings Actions taken after cadastral trial: a) Judgment or decision which adjudicated ownership of land b) Declaration by the court that decree is final and its order for the issuance of the certificate of title by LRA Jonathan Jo B2013 Page 12

c) Registration of decree by the LRA and issuance of corresponding certificate of title If there are no successful claimants, the property is declared public land Cadastral Court may also: a) Order the correction of technical description of the lands b) Resolve the priority of overlapping titles Finality of Judgment takes effect after the lapse of the 15 day reglementary period to file for an appeal. Cadastral court after final judgment may issue a writ of possession or even a complementing writ of demolition in favor of prevailing party. 7. Reopening of cadastral cases no longer allowed since Dec. 31, 1968.

Jonathan Jo B2013

Page 13