What is registration?
1. Record title to the land regardless of the source of basis of such title for as long as it is
present in the applicant at the time of reg.
2. Rendering title indefeasible and incontrovertible from all claims whether just or unjust
made by 3rd persons including the republic.
-after the 2nd purpose of reg. Once the land is covered by the system of registration,
registration quiets the title thereto and therefore protects the land or holder of the title
from any claims by 3rd persons.
Note: the third element is rooted from the Spanish law that is the first language of land
registration system. And then it was eventually converted during the American time by the
PH bill of 1902 into the Torrens system.
2 stages of registration:
1. Original registration
-presumption: land is still covered by the regalian doctrine as to the time the original
application for registration is filed.
-original registration system is further covered by sec48 of public land act- judicial
confirmation of imperfect title. The same law as regards to free patent, or homestead or
sales.
-to a certain degree the original registration may apply in agrarian reform systems
where part of the land of the state is being disposed of to qualified beneficiaries to make
them owner of the land that they tilt.
-in Baguio the most common form of original registration is the so called townsite sales
applications which are allowed by the public land act.
- always a judicial proceeding
-purpose here is to obtain a grant amounting to private title over land that belongs to
the state.
PROCEDURE:
A. An application must be filed to the DENR
-applicant must prove compliance with all the requirements of law either for a
homestead, patent, sales free patent or for administrative legalization of imperfect
title.
B. sebsequent petition may also be filed with the appropriate court who in turn may
issue a decree of patent to the RTC acting as a land registration court. Decree of
registration and or patent is now issued and the moment the decree is entered a a
judgment of the court, the 1 year period for indefeasibility or incontrovertibility
applies.
It is not from the date of the issuance of the certificate of title itself but only from
entry of the decree or patent. The decree or patent shall serve as the corresponding
certificate, (iba ung decree of registration kasi its a judgment) once the decree of
patent is entered into, then the court will now issue an order directed to the land
registration authority or register of deeds to issue a correspondin certificate of title.
- The title is a final confirmation of the right equivalent to fee simple in favor the owner and
therefore that title has been perfected as against all other claims by 3rd persons even the
republic. It effecively converts the land from public to private land. However, if the issuance
of the certificate of title is through fraud or mistake, any action to cancel or nullify said
certificate of title must be filed within the one year period.
e.g. NAIA VS REPUBLIC case: when a mistake accompanied by fraud on the part of
the parties was committed by the court during the issuance of the certificate of title.
Because forest lands cannot be acquired in private ownership. They are not
susceptible of private acquisition.
Nonetheless, for as long as the requirements of the public land act have been fulfilled, then
the title is considered confirmed and perfected and therefore will have the following effects:
Purpose:
- Keep track of the changes in the ownership of the registered land and determine whether
there are voluntary or involuntary liens imposed upon the land.
involuntary
i. notice of lis pendens
pending litigation
annotated at the back of the certificate of title
action where notice of lis pendens be annotated
o action for recovery of title or possession of the land(accion
interdictal, publiciana, reinvidicatoria) however all other
actions that would affect possesion or title over the land may
be also the subject of notice of lis pendens such as(believe it
or not)
action for nullification of marriage when there is a
property dispute between the spouses
action partion filed by one of the co-owners against
all others
action for delivery of inheritance
how to cause a notice of lis pendens
write a cover letter to the Register of Deeds and attach 2
authenticated copy of the certification issued by the judge where the
particular case is pending and the propert subject of the litigation
must also be specifically described thereon in order to guide the
Register of Deeds on where to annotate the pending action.
Remove the annotation by petition to the court