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I.

CONCEPT OF TITLE

Evidence of right of owner or extent of his interest, by which means he can maintain control and
as a rule assert right to exclusive possession and enjoyment of property.

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 Land registration Admin
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 Register of Deeds 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. Register of Deeds to send notice to registered owner ready for delivery after payment of fees
7. Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order.
Action for Partition, Splitting or Consolidation of Titles:
1. Splitting or consolidation ordinary Register of Deeds level, no court involved
2. Subdivision plan approval of NHA, final approval of LRA, then Register of Deeds 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

2. OWNERSHIP VS POSSESION

Refer to UST Civil Law Reviewer

3. KINDS OF TITLE

4. HISTORY OF REGISTRATION OF TITLE

5. DIFFERENT KIND OF SPANISH TITLE

6. ACT 3344 CA 192

7. WHO MAY ACQUIRE ALIENATED/ DISPOSED LAND OF PUBLIC DOMAIN

8. METHOD OF ACQUIRING LAND TITLE

1. Title by public grant conveyance of public land by government to a private individual


2. Title by acquisitive prescription open, continuous, exclusive, notorious possession of a property
3. Title by accretion alluvion
4. Title by reclamation filling of submerged land by deliberate act and reclaiming title thereto; government
5. Title by voluntary transfer private grant; voluntary execution of deed of conveyance
6. Title by involuntary alienation no consent from owner of land; forcible acquisition by state
7. Title by descent or devise hereditary succession to the estate of deceased owner
8. Title by emancipation patent or grant for purpose of ameliorating sad plight of tenant-farmers; not
transferable except by hereditary succession

9. DIFFERENCE BETWEEN PUBLIC GRANT VS. PRIVATE GRANTS

10. HEIRS OF MALABANAN VS REPUBLIC OF THE PHIL

11. LACHES VS. PRESCRIPTION

12. ELEMENTS OF POSSESSION

13. RA 1052 (RIGHT OF WAY ACT)

14. ACCRETION VS ALLUVIUM

15. CHAVEZ VS. PEA

16. IPRA LAW (SEC 3, 12, 52, 55, 56)

17. DEEDS VS. WILL

Deeds:

Instrument in writing 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.
Elements:
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses

18. REQUIREMENTS

Formal requisites of a deed:


1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status
6. Whether or not corporation:

a. Register of Deeds to keep an entry book day book


b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year, month, day,
time, minute of reception of instrument; Registered from time of entry

c. Fees of 5 bucks per document to be paid within 15 days

d. Note memorandum & sign & issuance of certificate

e. Documents are numbered & indexed & indorsed with reference to certificate of title public records

f. Subject to reasonable regulation

Cost borne by vendor.

19. CONCEPT OF REGISTRATION

3 Stages of Development of Legal System of Transferring Titles:


1. Production & delivery of deed by grantor to grantee without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
Registration guarantees the title
Recording does not guarantee the title; need to examine other docs

Operative Act registration by owner; deed not registered binding only between parties
Process of Registration:
1. File instrument creating or transferring interest and certificate of title with Register of Deeds
2. Owners duplicate
3. Payment of fees & documentary stamp tax
4. Evidence of full payment of real estate tax
5. Document of transfer 1 copy additional for city/provincial assessor
6. Register of Deeds shall make a memorandum on the certificate of title, signed by him
7. Issue TCT

20. PURPOSE OF REGISTRATION


Serve as constructive notice
Prevent fraudulent claims
Protect interest of strangers to transaction

21. SUCCESSION ?
CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION
1. Lost Duplicate Certificate
Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title with memorandum that it is issued in
place of lost certificate (duplicate)
If false statement: complex crime of estafa thru falsification of public document
2. Adverse claim in registered land
Whoever claims a better right or interest in a land adverse to the registered owner shall make written
statement alleging his right, how and when acquired with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
If there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered by same claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land registration act
To be made on original certificate, to the duplicate is not necessary because no access
Contracts of lease, contract to sell but prescription and money claims are not allowed
Purpose: measure designed to protect the interest of a person over a property where registration is not
provided for by the land registration act; serve as notice and warning to persons subsequently dealing
on said land
Different with lis pendens: permanent; can only be removed after hearing is done but adverse claim is
only for 30 days: lis pendens notice that property is in litigation; adverse claim; somebody is claiming
better right
Recent ruling: adverse claim can only be removed upon court order

3. Petition Seeking Surrender of Duplicate Title


In voluntary and involuntary conveyances when duplicate cannot be produced, petition in court may be
filed to compel surrender of certificate of title duplicate to Register of Deeds
After hearing, may order issuance of new certificate and annul the old certificate; new certificate shall
contain annotation re annulment of old certificate

4. Amendment and Alteration of Certificate of Title


A certificate of title cannot be altered, amended except in direct proceeding in court; summary
proceeding
Entries in registration books also not allowed to be altered except by order of the court
Grounds:
1. New interest not appearing on the instrument have been created
2. Interest have terminated or ceased
3. Omission or error was made in entering certificate
4. Name of person on certificate has been changed
5. Registered owner has married
6. Marriage has terminated
7. Corporation which owner registered land has dissolved and has not conveyed the property
within 3 years after its dissolution
What corrections are permitted in title (which does not include lands included in original; technical
description as long as original decree of registration will not be reopened and rights or interest of persons
not impaired; old survey was incorrect; substitution of name of registered owner)
1. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all parties
3. Alterations to correct obvious mistakes

5. Reconstitution of original certificate of tile


As consequence of war records have been destroyed
When reconstituted have same validity as old title
Can only be done judicially by filing a petition for reconstitution with RTC
To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days before
hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to Register of Deeds
Lack of essential data fatal

6. Transaction evidenced by lost document how registered


Register of Deeds forbidden to effect registration of lost or destroyed documents
Steps by interested parties:
1. Procure authenticated copy of lost or destroyed instrument
2. Secure an order from court