LAND TITLES and DEEDS Atty.

Serrano 6/17/11 Regalian Doctrine a principle in law which means that all natural wealth- agricultural, forest or timber, and mineral lands of the public domain and all other natural resources belong to the State. Presumption of ownership During Spanish colonization Private land ownership must emanate from the State

All lands not acquired by purchase or grant belong to the State as part of the INALIEANABLE property of the government. Land Titles Granted by the Spanish Crown Royal Grant (titulo real) Special Grant (concesion especial) Adjustment Title (composicion con el estado) Title by Purchase (titulo de compara) Possessory Information Title (informacion possessoria)

Commonwealth Act. No. 181 (Sec.8) if a land is classified as forest and timberland, it is continuously considered as inalienable unless it is converted into an agricultural land. 2 EXCEPTIONS TO THE REGALIAN DOCTRINE:

1 NATIVE TITLE- possession of land title from time immemorial by the claimant or predecessor in interest.
BASIS: Carino vs. Insular Govt. (1909) decided by the US Supreme Court. Stating that the Regalian Doctrine does not negate the native title.

1 CHURCH OR ECCLESSIASTICAL PROPERTY- by virtue of the kings proclamation that he is not the
owner of church property. -by Spanish Law, whatever property that becomes in the service of God cannot be a subject of private ownership. Note: BORACAY CASE: Under the Regalian Doctrine, the Boracay Island is classified as forest and timberland, therefore INALIENABLE and NON REGISTRABLE. There must first be: 1.) a reclassification and 2.) a proclamation or positive act in order that it may be alienable. DEFINITION OF TERMS: LAND- solid surface of the earth excluding the forest, ocean and seas. LAND TITLE- evidence (document) of the right of the owner or extension of his interest which means that he can maintain control and assert right to exclusive possession. Example: CERT.OF TITLE DEED- a written instrument executed in accordance with the form prescribed by law which conveys the grant or title to a person. Also called: Document of Conveyance Example: DEED OF SALE, DEED OF DONATION. REQUISITES OF A DEED:

1) 2) 3) 4) 5) 6) 7)

grantor grantee words of grant description of property signature of grantor testation of at least two witnesses notarial acknowledgment

REGISTRATION- entry made in the registry which records solemnly and permanently the right of ownership and order thereof .It is the operative act that binds third persons. CLASSIFICATION OF LANDS & NON-REGISTRABLE LANDS Land may be classified into: PUBLIC- patrimonial property or those which are segregated from the general mass. PRIVATE- those owned by private persons or those lands segregated from the general mass of virtue of government grants and are in the possession by the original grantee or successors. According to the Constitution the following are classifications of lands: 1) 2) FOREST and TIMEBRLAND MINERAL public domain by

-these are INALIENABLE lands of public domain and are therefore NON REGISTRABLE PROPERTY. EXAMPLES: 3) Lands devoted to public use Lands for public service Timberlands Mangrove swamps Mineral lands Military reserves Watersheds Grazing lands

AGRICULTURAL LANDS those susceptible of private ownership

Note: if registered under the TORRENS SYSTEM, they are called REGISTERED LANDS. 2 SYSTEMS OF LAND REGISTRATION IN THE PHILIPPINES:

1 Torrens System of Registration- sources : Cadastral Act (partly repealed by PD 1529) and the Public Land Act
(CA 141)

2 System of Recording for Unregistered Lands- sources: embodied in Sec. 113 of PD 1529
PURPOSES AND EFFECTS OF LAND REGISTRATION: 1 To quiet titles to land 2 To relieve land of unknown claims, liens and burdens

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To prevent fraudulent claims To establish priority in rights To create indefeasible and imprescriptible title binding against the whole world. To create means of publication or notice to third persons To provide stability

Title the lawful cause or ground of possessing that which is ours. It signifies: 1.) Claim of ownership and 2.) Totality of evidence It is not a thing with physical attributes but is a conglomerate of jurisdiction and substantive legal rights fused with the residuals of equitable remedies all developed historically out of feudal notions and medieval conditions. Possession- is the actual control of property by physical occupation. MODES OF ACQUISITION FROM THE STATE: by PURCHASE or by GRANT Why is description of property important? (In relation to Requisites of Deed)- ans. Certainty of contract (kulang to, di ko nasulat ung iba, masyado mabilis si sir.haha) Why is notarial acknowledgement important? (in relation to Requisites of Deed)- ans. It renders the document a public document therefore it makes it REGISTRABLE! What is the importance of classifying lands? ans. To determine whether it is INALIENABLE or susceptible of private ownership. EFFECTS OF REGISTRATION: TO QUIET TITLE TO LANDS: once title is registered all questions of legality is finally settled and it puts a stop forever any questions of legality. TO RELIEVE LANDS OF UNKNOWN CLAIMS, BURDENS or LIENS just or unjust: upon registration, claims existing prior to decree of registration will be affected UNLESS they are duly noted to the certificate of title. TO PREVENT FRAUDULENT CLAIMS: in order that a voluntary transaction shall not be registered if the applicant cannot show a duplicate certificate of title together with the voluntary deed of conveyance. In order to avoid situations where third persons conceal transactions. TO ESTABLISH PRIORITY IN RIGHTS: in case two or more judgment creditor, a lien is created in the property and the lien is registered and entered in primary levy book, the first creditor to register can ask the sheriff to levy the property of the judgment debtor in his favor. Priority or preference is determined by the registration of the levy in the execution. FIRST IN TIME, STRONGER IN RIGHTS CREATE AN INDEFEASIBLE AND IMPRESCRIPTIBLE TITLE: After 1 year, title becomes INCONTROVERTIBLE/ UNCONTESTABLE/ INDIVISIBLE which means, it cannot be defeated by any proof or claims of ownership. Imprescriptible means it CANNOT be acquired by adverse possession. Note: ACQUISITVE POSSESSION applies to UNREGISTERED LANDS ONLY!!! PROVIDE MEANS OF PUBLICATION: means public is notified. All person, before entering into a contract, has the duty to check the status and condition of the property. Whether you read the law or not, you are charged with the knowledge of everything recorded in the original certificate of title. Constructive Notice is done. When a person is notified, he is given knowledge.

 TO PROVIDE STABILITY REGISTRATION -does not vest title but merely confirms title to the land. -confirmation of title -he must prove that he is the owner. -registration is NOT a MODE of acquiring title. -does NOT validate an invalid document and does NOT cure legal defects of a deed. EFFECT OF REGISTRATION IF WRONGFULLY MADE IN A DIFFERENT SYSTEM: the registration is legally ineffective and does not bind the land. WHY? Because it will NOT CREATE CONSTRUCTIVE NOTICE. ORIGINAL REGISTRATION when land is issued and registered for the first time. This can be done only ONCE.What is issued is an ORIGINAL CERTIFICATE OF TITLE. SUBSEQUENT REGISTRATION- any transaction done after the original registration and is issued a TRANSFER CERTIFICATE OF TITLE. What is the OBJECT of Land Proceeding? IMMOVABLE or REAL PROPERTY. SOURCES OF MODES OF OWNERSHIP: Art. 712 if the New Civil Code. Occupation Intellectual creation- you are the owner of the thing you made intellectually Donation Succession Consequences of contracts Prescription

MODES OF ACQUIRING LAND TITLES: 1 Succession 2 Prescription 3 Government Grant/ Public Grant (Public Land Act) examples: issuance of patents like homestead patents, special patents. 4 Acquisitive Prescription- refers to unregistered lands 5 Accretion (art.443 of the NCC)- owner gives right by accretion to everything which is produced, incorporated and attached. Accessory follows the principal therefore the principal owns the accessory. Example: ALLUVION- gradual increase of the land area because of the current of the river, formation of island, abandoned river beds. 6 Reclamation- only the government can assert ownership of reclaimed lands. R.A.1899 and Law of Waters of 1886- foreshore lands are ALWAYS INALIEANABLE.