Chapter 7. -Assurance Fund 2.

Register of Deeds​​, the ​National Treasurer ​and

person or persons other than the court or RD
personnel ​- if fault, fraud or negligence is
SECTION 93. Contribution to Assurance Fund committed by the person other than the court or
RD personnel
Source of Assurance Fund
- One-fourth (¼) of the assessed value of the real SECTION 97. Judgment, How Satisfied
estate on the basis of the last assessment for
taxation purposes
If there are defendants other than the National Treasurer
- If the land has not been assessed​: by the sworn
and the Register of Deeds​: the execution shall first issue
declaration of two disinterested persons
against such defendants other than the National
- Paid to the Registry of Deeds on the following
Treasurer and the Register of Deeds
transactions: RBS
1. Every entry of a certificate in the name of
If the execution is returned unsatisfied in whole or in part​:
the ​registered owner
only then shall the court order the amount of the execution
2. Entry upon the original registration on
and costs, or so much thereof as remains unpaid, to be paid
the certificate of title of a ​building or
by the National Treasurer out of the ​Assurance Fund
other improvements ​on the land
covered by said certificate
3. Entry of a certificate pursuant to any SECTION 102. Limitation of Action
subsequent transfer ​of registered land
- Must be instituted within a period of ​six years
PNB v. CA & Chu Kim Kit from the time the right to bring such action first
The remedy of the persons prejudiced is to bring an action occurred
for damages against those who caused the fraud, and if the
latter are insolvent, an action against the Treasurer of the If at the time such right of action first accrued, the person
Philippines may be filed for recovery of damages against entitled to bring such action was a ​minor or ​insane or
the Assurance Fund. imprisoned​​, or otherwise ​under legal disability​:​ such
person or anyone claiming from, by or under hims, may
Requisites to file an action against the Assurance bring the proper action at any time ​within two years
Fund​​: ECS-NBP after such disability has been removed​​,
1. There must be an ​e​rror, omission, mistake or notwithstanding the expiration of the original period of six
misdescription ​on the part of the employee of the years first above provided
Register of Deeds engaged in the performance of
his duties and/or other persons who committed
frauds or other illegal acts Chapter 8. -Registration of Patents
2. The mistake, omission or misdeclaration
committed in the ​c​ertificate of title ​or in any Purpose of Grant
entry or memorandum in the ​registration book - To provide homes and decent living for the
3. The person ​s​ustains loss or damage​​, or is destitutes
deprived of land or any estate or interest
therein in consequence of the bringing of the land When title becomes indefeasible
under the operation of the Torrens system of - After one year​​ from issuance of Patent
arising after original registration of land
4. No ​n​egligence​​ is attributable to the claimant Kinds of public land patents​​: HFSS
5. The claimant under the provision of Land 1. Homestead Patent
Registration Law is ​b​arred from bringing an 2. Free Patent
action to recover the land or interest therein or 3. Sale Patent
from obtaining compensation ​from the person 4. Special Patent
responsible for the damage
6. The action to recover from the Assurance Fund HOMESTEAD PATENT
has​ not ​p​rescribed
How acquired:
SECTION 96. Against Whom Action Filed - May be granted to a qualified applicant who is a
citizen of the Philippines over the age of 18 or the
1. Register of Deeds and the National Treasurer - head of the family who: 12-CRoP
if the fault or negligence is caused by the court a. does not own ​12 hectares of land in the
personnel or employees of the Register of Deeds Philippines or has not had the benefit of
any gratuitous allotment of more than 12
 hectares since the occupation of the Right to Repurchase when Homestead/Free Patent subject
Philippine sby the United States; to Mortgage
b. have ​c​ultivated ​and improved ​at least ⅕ - Redemption period of ​one year ​in extrajudicial
of the land continuously from the foreclosure sale ​from the date of the
approval of the application; registration of the Certificate of Sale
c. have ​r​esided ​continuously for ​at least - The ​five-year period ​of redemption under
o​​ne year in the municipality in which the homestead/free patent is counted ​from the day
land is located, or in the adjacent after the expiration of the one-year period to
municipality; and repurchase allowed in extrajudicial foreclosure
d. must have ​p​aid ​the required fee.
Instances when the right to repurchase is disallowed: MIA
Procedure on chronological order: F-PC-N-SHP 1. Conveyance made ​to an immediate ​m​ember of
1. F​​iling ​with the application with the LMB the family ​of homesteader and his direct
2. Upon approval​: LMB shall authorize the applicant descendant and heir
to take ​p​ossession 2. If the ​i​ntention ​in exercising the right to
3. Within six months from approval​: the applicant repurchase is ​not for the purpose of preserving
must begin to ​c​ultivate ​at least ⅕ of the land the land within the family circle
4. Give ​n​otice to the public of applicant’s intention 3. Where the land is ​no longer used for ​a​griculture
to submit final proof purpose
5. LMB order the ​s​urvey and plan ​be prepared
6. LMB prepares the ​H​omestead Patent Private person cannot question the land grant
7. Certified true copy of the ​p​atent ​is sent to the RD - The legality of the grant is a question between the
of the province for registration and OCT is entered grantee and the government ​(Maninang v.
and Owner’s Duplicate Certificate is issued to the Consolacion)
patentee
FREE PATENT
Restrictions to Homestead: EDA - Covers only applications pertaining to untitled
1. Lands acquired under homestead shall not be public alienable and disposable lands zoned as
subject to ​encumbrance ​or alienation from the residential
date of the approval of the application and for a - Act 10023 removed the restrictions on alienation
term of five years of land within the five year period
2. Nor shall the lands become liable to the - Removed the right to repurchase
satisfaction of any ​debt ​contracted prior to the
expiration of the five-year period Qualifications for applicants: FAT12
3. No alienation, transfer, conveyance of any 1. Filipino citizen ​of the Philippines under Article
homestead after five years and before 25 years IV, Section 1 of the 1987 Constitution
after issuance of title shall be valid without the 2. Actual occupation, actual residence and
approval ​of the Secretary of Agriculture and continuous possession and occupation ​of the
Natural Resources, which approval shall not be parcel subject of the application for ​at least 10
denied ​except​​ on: years​​ prior to the filing of the application
a. Constitutional grounds 3. Total landholding ​of the applicant must ​not be
b. Legal grounds more than 12 hectares ​including agricultural
lands

Raffanan v. Abel​ and ​Flores, et al. v. Plasina SALES PATENT

Failure to secure approval from Secretary of Agriculture - Land applied for is ​sold at public auction
(now DENR), does not render the sale null and void. Such - Awarded to the highest bidder
approval may be secured at anytime in the future. - Paid in full or in not more than 10 equal annual
installments from the date of the award
Right to Repurchase - Applicant must have cultivated at least ⅕ of the
- By the ​applicant​​, his ​widow​​, or l​ egal heirs land within 5 years from the date of the award and
- Within a period of five years from the ​date of the must have occupied the land until the date of the
conveyance final payment

Ferrer v. Mangente SPECIAL PATENT

The wife and the legal heirs will only have the right to - Patent to grant, cede, and convey full ownership of
repurchase once the patentee-vendor had died. alienable and disposable lands formerly covered
by a reservation or lands of the public domain
- Issued to the government agencies pursuant to
special laws, proclamations and executive orders
Chapter 9. - Certificate of Land Transfer, Emancipation Procedure for replacement​​: NP-SHNI
Patent, Affidavit of Non-Tenancy 1. Send ​notice ​of loss or destruction under oath to
the Register of Deeds
2. File a verified ​petition ​in court
Basic Concept of PD No. 27
3. Court may ​set ​the ​hearing o ​ f petition
- The landowner may retain an area of ​not more
4. Court shall give ​notice ​of the hearing to RD and
than seven hectares if such landowner is
interested parties
cultivating such area or will now cultivate it.
5. Court may direct ​issuance ​of new duplicate
certificate
Retention Limits
- The landowner may retain the are ​not exceeding
*RD is not allowed to reconstitute the lost or destroyed
five hectares
title ​motu proprio​. The registered owner or his assign must
- Three hectares may be awarded to each child of
file a petition for reconstruction.
the landowner subject to the following
qualifications:
Sources to support reconstitution:​​ C​2​​ ​D​2​​ ​O​2​
a. That he is ​at least 15 years of age
1. Owner’s ​duplicate fo the certificate of title
b. That he is ​actually tilling the land or
2. Co-owner’s ​duplicate of the certificate of title
directly managing ​the farm
3. A certified ​copy ​of the certificate of title
4. Authenticated copy of the degree ​of registration
Qualifications of farmer beneficiaries under CARP​​:
or patent
FLAW
5. Document ​on file in the RD showing that its
1. Filipino citizen
original had been registered
2. Landless
6. Any ​other ​document sufficient and proper
3. Actual occupant/tiller who is at least 15 years of
age or head of the family at the time of filing of
application
4. Has the willingness, ability and aptitude to Chapter 13. - Dealings with Unregistered Lands
cultivate and make the land productive
- Must be registered in the ​Primary Entry Book
then ​Registration Book
Chapter 10. - Petitions and Actions after Original
Registration Binding effect of registration of instrument
- Binds the third person
- Recording is without prejudice to a third party
RECONSTITUTION OF LOST OR DAMAGED TITLE
with a “better right”
- Process wherein the alleged lost or destroyed
“Better right” in case of untitled land
certificate of title is restored or replaced by
- First who bought the land regardless of
reissuing a new one with the same form and
registration
condition with lost or destroyed certificate with a
memorandum in the reconstituted title that it
is issued in place of the lost or destroyed
certificate of title Chapter 15. - Consultas
- No erasure, alteration or amendment shall be
made - Appeal to LRA

Administrative reconstitution When can be availed of​​:

- Of the original certificate of title in the possession 1. Where the RD is in doubt as to the proper action
of the Register of Deeds to be taken - RD may file consulta
- May be availed of only in case of ​substantial loss 2. When the RD denies the registration of an
or ​destruction ​of title due to ​fire, flood or other instrument - aggrieved party may file consulta
force majeure,​ subject further to the following
conditions: Procedure​​:
1. The number of certificates lost or 1. Appeal by Consulta shall be filed directly with the
damaged should be a​t least 10% of the RD concerned
total number​​ in the possession of RD 2. RD shall certify all documents and titles involving
2. In ​no ​case shall the number of certificates the subject of the Consulta and forward them to
of titles lost or damaged be ​less than 500 the LRA
3. The Clerk of Court Division shall docket the same
and forward it to the Law Division for hearing and
resolution.
 4. The hearing officer of the Law Division shall set
the Consulta for hearing
5. Parties shall require the submission of
memorandum and/or supporting documents on
or before the date of hearing
6. Within 10 days from termination of the hearing​:
the hearing officer shall submit a draft resolution
to the Chief, Law Division
7. The draft of resolution and records of the Consulta
shall be forwarded to the Director of Legal Affairs
Department, then to the Deputy Administrator for
operations
8. Records of the resolution and Consulta then
transmitted to the Honorable Administrator for
his consideration, approval and signature
9. After the resolution has been approved and
signed​: same shall be forwarded to the Clerk of
Court Division for furnishing of copies to the
parties, the Law Division and Central Records
Section of LRA
10. After the receipt of final resolution of Consulta​:
the RD shall ​motu proprio cancel the
memorandum

*Aggrieved party may file ​Motion for Reconsideration

with LRA within 15 days from receipt of order
*​If denied​: aggrieved party may ​appeal to CA
 Samplex 8. Can a son redeem a land even if the grantee (father)
is not yet dead?
- NO. As ruled in the case of ​Ferrer v. Mangente
1. Section 14 of PD 1529
(1973)​, the wife and the legal heirs will only have
the right to repurchase once the patentee-vendor
2. If Register of Deeds denied your application for
has died.
registration after complying with the requirements,
what will be your remedy? Discuss the procedure.
What is the redemption period for homestead
- The remedy is Appeal by Consulta. See page 3 of
patent?
reviewer for procedure
- Within 5 years from the date of the
conveyance.
3. Can a private person apply for extrajudicial
foreclosure instead of judicial foreclosure? Explain.
9. Requisites of a root of a valid title
- YES, however, extrajudicial foreclosure may be
1. When the certificate of title has already been
availed of only if a provision is inserted in or
transferred from the name of the true owner to
attached to the real estate mortgage a special
the name of the forger or the name indicated by
power of attorney conferring upon the mortgagee
the forger
the power to sell the mortgaged property at public
2. The purchaser was a purchaser in good faith and
auction in the event of foreclosure. It is the
for value
attorney-in-fact named or appointed who shall
execute the deed of sale and not the Sheriff.
10. Requisites of an Innocent Purchaser for Value
1. That the purchaser has no notice that some other
4. What are the limitations stated in Section 118 of CA
persons have a right to or interest in such
141 for homestead patents?
property
- See page 2 of reviewer
2. That he pays a full and fair price for the same at
the time of such purchase or before he has notice
5. X complied with all the requirements for
of the claim or interest of some other person in
registration, however, before OCT was given to him, it
the property
was declared that the land will be made a school in
their city. Will X still be the owner of the land?
11. What is the Mirror Doctrine?
- YES. The requisite for registration is that the land
- It is the general rule that a buyer or mortgagee has
must be declared alienable and disposable at least
the right to rely on what appears on the Certificate
at the time of the filing of the application for
of Title, and in the absence of “anything to excite
registration.
suspicion,” is under no obligation to look beyond
In the case at bar, X has already complied
the certificate and investigate the vendor or
with all the requirements for registration
mortgagor’s title
including the declaration by the government that
the land is already alienable and disposable. As
12. Rules on Double Sale
proof, only the issuance of OCT to X was left.
a. In case of Registered Property
Upon application for registration, X
- First who ​registered ​and in ​good faith
already has right over the subject land since he
has better right
already has imperfect title. If an imperfect title has
b. In case of Unregistered Property
been vested already to the person by virtue of his
- First who took possession or who have
possession, such right cannot be impaired by
bought ​the property and in ​good faith​​,
subsequent legislations or presidential
regardless of registration of sale, has
proclamations.
better right
c. In case of Unregistered Property with no
6. Is it necessary to surrender OCT in involuntary
possessor
dealings?
- Who has the ​oldest title and in good
- NO. It is enough that the involuntary document is
faith ​has better right
entered in the Primary Entry Book.
This is because the involuntary dealings
are transactions affecting registered lands in
which the cooperation of the registered owner is
not needed or even against his will, hence, it is
difficult, if not impossible, to obtain the OCT for
surrender.

7. Sources to support reconstitution of title for OCT

- See page 3 of reviewer