CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL 10.

Gives eternal title as state ensures perpetuity

PRINCIPLES 11. Furnishes state title insurance rather than private title
insurance
12. Makes possible the transfer of titles or of loans within the
Land Title – evidence of right of owner or extent of his interest, by compass of hours instead of a matter of days
which means he can maintain control and as a rule assert right to
exclusive possession and enjoyment of property. Purpose of Torrens Law: quiet title to land – once registered, owner
Deed – instrument in writing which any real estate or interest therein might rest secure
is created, alienated, mortgaged or assigned or by which title to any
real estate may be affected in law or equity. Persons Bound When Title Not Registered:
1. Grantor 1. Grantor
2. Grantee 2. Heirs & devisees
3. Words of grant 3. Persons with actual notice
4. Description of property
5. Signature of grantor Procedure in Land Registration Case:
6. Witnesses 1. Survey of land by Bureau of lands or duly licensed private
surveyor
Types of estates: 2. Filing of application for registration by applicant
3. Setting of date of initial hearing of application by RTC
1. Freehold estate – indicates title of ownership. 4. Clerk of court to transmit to Land Registration Authority the
a. Fee simple – absolute title; conferred without limitation, application, date of initial hearing & other pertinent docs
qualification or restriction 5. Publication of notice of filing of application, date & place of
b. Fee tail – pass title to grantee & his heirs hearing – in OG and in newspaper of general circulation
c. Life state – held for duration of life of grantee 6. Service of notice – contiguous owners, occupants & those
2. Less than freehold estate – a right short of title who have interest in property
a. Estate for years – lease for a period agreed upon, lessor retains 7. Filing of answer or opposition to application
ownership of land 8. Hearing of case by RTC
b. Tenancy from period to period – lease running from month to 9. Promulgation of judgment by court
month or year to year with automatic renewal 10. Issuance of decree by RTC – decision; Instruct land
c. Tenancy at will – person is permitted to occupy land of another registration authority to issue decree of confirmation &
without stipulation as to period registration
11. Entry of decree of registration in Land Titles Administration
3 Stages of Development of Legal System of Transferring Titles: 12. Send copy of 0decree to Register of Deeds
1. Production & delivery of deed by grantor to grantee without 13. Transcription of decree of registration in registration book
registration & issuance of the owner’s duplicate original certificate of
2. Deed of conveyance is recorded to bind 3rd persons title of the applicant by the Land Registration Authority –
3. Registration of title upon payment of prescribed fees.

Registration – guarantees the title

Recording – does not guarantee the title; need to examine other
docs CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION
PROCEEDINGS
Purpose of Registration:
1. Serve as constructive notice
2. Prevent fraudulent claims Who may Apply:
3. Protect interest of strangers to transaction 1. Those in open, continuous, exclusive, notorious
possession of patrimonial property of state under bona
Modes of Acquiring Land Titles: fide claim of ownership since June 12, 1945 or earlier
1. Title by public grant – conveyance of public land by 2. Those who acquired ownership of private land by
government to a private individual prescription
2. Title by acquisitive prescription – open, continuous, 3. Those who acquired ownership of private lands by right of
exclusive, notorious possession of a property accretion
3. Title by accretion – alluvion 4. Those who acquired ownership in any manner provided for
4. Title by reclamation – filling of submerged land by by law
deliberate act and reclaiming title thereto; government
5. Title by voluntary transfer – private grant; voluntary Limitation to Ownership of Land by Corporation:
execution of deed of conveyance 1. Private lands
6. Title by involuntary alienation – no consent from owner of 2. At least 60% Filipino to acquire private land
land; forcible acquisition by state 3. Restricted as to extent reasonably necessary to enable it
7. Title by descent or devise – hereditary succession to the to carry out purpose which it was created
estate of deceased owner 4. If engaged in agricultural – restricted to 1,024 ha.
8. Title by emancipation patent or grant – for purpose of 5. Patrimonial property of state
ameliorating sad plight of tenant-farmers; not transferable 6. Lease for 25 years, renewable
except by hereditary succession 7. Limited to 1,000 ha.
8. Apply to both Filipinos & foreign cos.
CHAPTER 2: TORRENS SYSTEM – ORIGIN, NATURE & Form & Contents of Application:
GENERAL CHARACTERISTICS 1. In writing & signed by applicant or person duly authorized
2. Description of land
3. Citizenship
Advantages: 4. Civil status
1. Abolishes endless fees 5. Full names & address of occupants & adjoining owners
2. Eliminates repeated examination of titles
3. Reduces records enormously What to Accompany Application:
4. Instantly reveals ownership 1. Tracing cloth plan duly approved by the Director of Lands
5. Protects against encumbrances not noted on the Torrens 2. 3 copies of technical descriptions
certificate 3. 3 copies of surveyor’s certificate
6. Makes fraud almost impossible 4. All original muniments of title
7. It assures 5. 4 copies of certificate by city/provincial treasurer of
8. Keeps up the system without adding to burden of taxation; assessed value of land
beneficiaries of the system pay the fees
9. Eliminates tax titles Amendments Allowed & Not Allowed
 1. Substantial change in boundaries or increase in area –  Once final, cannot be subject to attack, deemed
new technical description necessary – need new conclusive against the world
publication & notice 3. Put end to litigation
2. Substitution of name of new owner – file motion with court 4. Purpose of Torrens system is protected
3. Decrease the area – file motion in court
 Amendment after 1 year is allowed – creation or
Muniment of Title – instruments or written evidences which extinguishment of new rights; inclusion of new owners
applicant hold or possess to enable him to substantiate & not allowed
prove title to his estate
Judgment – decision of court constituting its opinion after taking into
Transaction Took Place Before Issuance of Decree: consideration the evidence submitted
1. Record instrument in Register of Deeds in same manner
as if no application was made Writ of Possession – order to sheriff to deliver the land to the
2. Present instrument to RTC, motion praying that same be successful party litigant; no prescription
considered in relation to the pending application 1. Against loser
2. Against anyone unlawfully & adversely occupying
Transaction Took Place after Issuance of Decree:
When Writ may not Issue:
 Register directly with REGISTER OF DEEDS for purpose
of canceling such title & issuing a TCT.  Person entered into property after decree- non claimant;
had been there for 10 years

Means to Recover Possession:

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT 1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
Notice in conspicuous place in land & bulletin board of 4. Accion reindivicatoria
municipality – 14 days before hearing
Hearing – within 7 days after publication in OG Res Judicata:
– 25 – 90 days from date of order 1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter
To Whom Notice must be Sent: & parties
1. City/municipal mayor & provincial governor 3. Judgment on merits
2. Department of Agrarian Reform, Solicitor General & 4. Identity of parties, subject matter and causes of action
Director of Lands, Director of Fisheries, Director of Mines
3. Adjoining owners & those who have rights or interest Remedies Available to Aggrieved Party in Registration
thereto Proceedings:
1. Motion for new trial – must be brought within 15 days from
Requisites of Opposition: notice of judgment
2. Fraud, accident, mistake, excusable negligence which
1. Set forth objections to the application ordinary prudence could not have guarded
2. State interest claimed by oppositor 3. Newly discovered evidence which could not be discovered
& produced at trial
General Default 4. Evidence insufficient to justify decision, decision is against
 If no person appears and answers within time prescribed the law
Special Default 5. Appeal – must be brought 15 days from notice of judgment
 Party appears at initial hearing without having filed an 6. Review of decree of registration – available to party
answer and ask court for time to file answer but failed to do deprived of day in court; became non-party due to
so within period allowed. misrepresentation; invoke actual fraud; before expiration of
1 year; specific acts intended to deceive; will no longer
prosper if already transferred to innocent purchaser for
value
CHAPTER 5: HEARING & DECREE 7. Plaintiff is owner of land registered in name of defendant
8. Registration procured through actual fraud
Who Conducts Hearing: 9. Property has not issued to innocent purchaser for value
1. RTC 10. Action is filed within 1 year after issuance of decree of
2. Refer to referee – commissioner registration
11. Relief from judgment – 60 days – 6 months after entry of
Proceedings for Ordinary Registration (Land registration Act) order; available to party to case, FAME; after judgment;
/Proceeding for judicial confirmation of Imperfect title under the person deprived of right is party to case
Public land act 12. Reconveyance – action in personam; available so long as
 There exists a title to be confirmed property not passed yet to innocent purchaser for value;
 Land applied for belongs to the state bad faith or with notice of defect
13. Recovery for damages
 Court may dismiss without prejudice to file new application
14. Person is wrongfully deprived of his land by registration in
 Dismiss with prejudice name of another – actual or constructive fraud
 Risk to have application denied without losing land 15. No negligence on his part
16. Barred/ precluded from bringing an action
 Risk involves loss of land
17. Action for compensation has not prescribed

CHAPTER 6: JUDGMENT & DECREE CHAPTER 7: CERTIFICATE OF TITLE

Decree – issued by land registration authority containing technical Torrens Title – certificate of ownership issued under the Torrens
description of land; issued after finality of judgment System of registration by the government through road naming &
1. Decrees dismissing application declaring owner in fee simple of property described therein free from
2. Decrees of confirmation and registration all liens except those expressly noted.
 Final after 1 year after decree
 Unless there in innocent purchaser for value Process:
1. Within 15 days from finality of order of judgment directing
 Subject only to appeal
registration of title – court to order Land Registration
 Administration to issue decree of registration and Real Estate Mortgage – real property/real rights secure fulfillment of
certificate of title an obligation
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & Kinds:
duplicate of OCT – signed by Administrator, entered & file 1. Conventional – agreed upon by parties
decree of registration in LRA 2. Legal – Created by operation of law
4. Send to Register of Deeds – original & duplicate of title & 3. Judicial – results from a judgment
certificate for entry in his registration book 4. Equitable – pacto de retro in form but mortgage in essence
5. Enter in record book, dated, signed, numbered & sealed –
take effect upon date of entry Essential Requisites:
6. Register of Deeds to send notice to registered owner 1. Constituted to secure fulfillment of principal obligation
ready for delivery after payment of fees 2. Mortgagor be absolute owner of thing mortgaged
7. Register of Deeds shall send duplicate & note on each 3. Person constituting mortgage has free disposal of property
certificate of title to whom it is issued
8. Original copy to be filed in Register of Deeds; bound in Special Characteristics:
consecutive order. 1. Subject matter is realty
2. Real right – attaches to property wherever it is & whoever
Action for Partition, Splitting or Consolidation of Titles: holds it
1. Splitting or consolidation – ordinary – Register of Deeds 3. Accessory – presupposes existence of valid principal
level, no court involved obligation; cannot stand alone
2. Subdivision plan – approval of NHA, final approval of LRA, 4. Indivisibility – even if debt is divisible; mortgage is not
then Register of Deeds to issue memorandum that streets 5. Inseparability – mortgage lien is inseparable from property
not to be disposed except by way of donation to govt. shall 6. Retention of possession – mortgagor retains possession
be effected without approval of NHA.
Pacto de Retro – Equitable Mortgage
Annotations at Back of Certificate – need court order; otherwise 1. Price of sale with right to repurchase is usually inadequate
null & void 2. Vendor remains in possession as lessee or otherwise
3. Upon or after expiration of right to repurchase, another
instrument extending period /granting new period is
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND executed
4. Purchaser retains a part of the purchase price
5. Vendor binds himself to pay taxes on thing sold
Operative Act – registration by owner; deed not registered – binding 6. Real intention of parties is that transaction
only between parties
shall secure payment of debt or fulfillment of
Process of Registration: other obligation
1. File instrument creating or transferring interest and
certificate of title with Register of Deeds Real Mortgage Chattel Mortgage
2. Owner’s duplicate
3. Payment of fees & documentary stamp tax Subject matter is real property Subject matter is movable
4. Evidence of full payment of real estate tax
5. Document of transfer – 1 copy additional for city/provincial May be in private document provided
assessor Public document only there is affidavit of good faith
6. Register of Deeds shall make a memorandum on the
certificate of title, signed by him Right of redemption for 1 year No right of redemption
7. Issue TCT
Deficiency can be recovered Deficiency cannot be recovered
Voluntary dealings
 Need to present title – to record the deed in registry & to Execution & Registration
make memorandum on title. 1. Execution of deed in a form sufficient in law (public
instrument)
Involuntary dealings 2. Registration with Register of Deeds where the land lies &
 No presentation required; sufficient that annotation in entry take effect upon registration
book is sufficient 3. Present deed of mortgage together with owner’s duplicate
4. Payment of fees
Formal requisites of a deed: 5. Register of Deeds shall enter upon original certificate of
1. Full name title & upon duplicate a memorandum – date, time of filing,
2. Nationality signature, file number assigned to deed
3. Place of residence 6. Register of Deeds to note on deed the date & time of filing
4. Postal address of grantee or other persons acquiring or & reference to volume & page of registration book in which it
claiming interest was registered
5. Civil status 7. No duplicate need be issued
6. Whether or not corporation:
Subject Matter
a. Register of Deeds to keep an entry book – day book  Real property plus all its accessions unless contrary is
b. Enter in order of reception all deeds & voluntary stipulated
instruments, write & processes re land -Year, month, day,  Future property – without legal effect
time, minute of reception of instrument; Registered from
time of entry  Future improvements – deemed included
c. Fees of 5 bucks per document to be paid within 15 days  Fruits & rents of mortgaged property deemed included
d. Note memorandum & sign & issuance of certificate  Continuing credit secured by mortgage valid
e. Documents are numbered & indexed & indorsed with
reference to certificate of title– public records Forms:
f. Subject to reasonable regulation 1. Private document – void & inexistent
 Cost borne by vendor. 2. Public instrument but not recorded – binding between
parties but not 3rd persons without notice
3. Public document & registered – valid & binding to
CHAPTER 9: REAL ESTATE MORTGAGE 3rd parties

May Mortgage be Registered Without Duplicate Title: Yes

  If being withheld by the owner, Register of Deeds notifies 1. Deed of sale must be supported by certificate of sheriff
by mail within 24 hours to registered owner: that said sale was conducted accordingly stating the
1. Stating that mortgage has been registered date, time, place of sale, names of creditor & debtor,
2. Requesting that owner’s duplicate be produced description of property, name of highest bidder, selling
so that memorandum be made thereof price
2. Present in Register of Deeds where land lies
 Owner refuses to comply within reasonable time; Register 3. Memorandum on back of certificate is made
of Deeds to notify court & court may enter order requiring 4. After expiration of 1 year of redemption period – title is
owner to produce certificate consolidated if no redemption exercised: purchaser to
file with Register of Deeds the deed of sale & sworn
Subsequent Dealings in Mortgaged Property statement attesting to fact that there is no redemption
1. May be further alienated – stipulation to contrary is void 5. New certificate of title issued in favor of vendee
 Assignment must also be registered since registration 6. If redeemed – notice of redemption shall be registered
is operative act to affect land & accomplished by way of memorandum on proper
 If not recorded – valid as to parties but not to certificate of title
3rd parties, right not protected against somebody who
registers & procures better right Right of Redemption
 No need to secure permission of mortgagee  Payment of purchase price plus 1% per month plus taxes if
paid by purchaser
 Understood unless prohibited in contract
1. May be further mortgaged – stipulation to contrary is void  To be exercised within 1 year after registration of sale
1. Pactum commisorium – not allowed
1. Property is mortgaged Right to Deficiency – allowed
2. There is stipulation for automatic appropriation
1. Discharge
 Execute public document canceling or releasing
mortgaged in form prescribed by law CHAPTER 10: CHATTEL MORTGAGE
 Present instrument with Register of Deeds where land Chattel Mortgaged – personal property is registered with Register of
lies together with owner’s duplicate for registration Deeds to secure performance of an obligation
 Memorandum of cancellation is annotated on duplicate
& original Subject Matter: movables

When Mortgagor Dies Deed of Mortgage:

1. Abandon security & prosecute his claim by sharing in  Requires only description to enable parties & other
general distribution of assets of the estate persons to identify the subject matter
2. Foreclose mortgage by making executor party defendant
3. Foreclose it in due time Registration of Chattel Mortgage
1. Execution of document
Parties in Foreclosure Suit: all persons claiming interest 2. Payment of fees
subordinate in right to mortgagee 3. Register of Deeds enters in DAY BOOK in strict order of
Action to Foreclose: Prescribes in 10 years (written contract) their presentation chattel mortgages & other instruments
Venue: Per stipulation or in absence thereof, where the property lies relating thereto (primary process)
4. Register of Deeds thereafter enters in a more detailed
Foreclosure form the essential contents of the instrument in the Chattel
1. JUDICIAL Mortgage Register (complementary process)
 Mortgagee to petition in court for foreclosure
 Court to render order for debtor to pay sum due within 90 Effect of Registration:
days and if not paid from date of service, property be sold 1. Creates a lien – attaches to the property whoever holds it;
at public auction binding on subsequent purchasers
2. Constructive notice
 Notice & Publication
 Public auction: sale to highest bidder Sale of Chattel Without Consent of Mortgagee – void; criminal act
 Sheriff to issue certificate confirming judicial foreclosure
Effect of Failure to Register:
 File with Register of Deeds final decree of court confirming
sale  Valid between parties but void against 3rd persons
 Memo entered in certificate of title  If instead of registration, it is delivered – it shall be a
pledge & not chattel mortgage (if no chattel mortgage deed
 If right of redemption exist, certificate of title of mortgagor executed)
not to be cancelled but memorandum shall be entered
upon the certificate duplicate & original  Actual knowledge is same effect as registration
 After expiry of 1 year redemption period & no redemption, Affidavit of Good Faith: Statement That —
title is consolidated to new owner 1. Mortgaged is made to secure obligation specified
 Purchaser to be entitled to new certificate of title & 2. Valid & just obligation
memorandum endorsed on mortgage deed 3. Not entered into for purpose of fraud
 If there is redemption, memorandum to be annotated on
certificate of title Effect of Absence of Affidavit of Good Faith:
 Vitiates mortgage as against creditors & subsequent
2. EXTRA-JUDICIAL encumbrances
 Allowed only if stipulation between party authorizes extra-  Valid as between parties
judicial foreclosure  No need to be in public document
 Cannot be made legally outside of city where land lies
 Publication required: post notices for 20 days in 3 public Assignment of Mortgage
places where property lies & if property is more than  No need to be registered, permissive only & not mandatory
P400.00, publication must be for 3 consecutive weeks in
news paper of general circulation Cancellation of Chattel Mortgage
 If foreclosure by rural banks, exempt from publication in  Mortgagee to execute a discharge of the mortgage in
newspaper for loans not exceeding 3,000.00 manner provided by law
 Registration of sale in Register of Deeds:
Foreclosure of Mortgage
 The must first be non-payment & at least 30 days have Power of Attorney – authority granted to a person to dispose one’s
elapsed since then property.
 Alternatives: Trust Differentiated from Power of Attorney
1. Judicial 1. Trust has 3 parties while power of attorney has 2 parties
2. Extra-judicial – only if there is stipulation/authority 2. Trust is for benefit of 3rd party while power of attorney is
for benefit of principal
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in Registration of Trust
municipality where property is to be sold designating the 1. Sworn statement claiming interest by reason of an implied
time, place and purpose of sale trust with description of land & reference to number of
2. Mortgagor is notified in writing at least 10 days before sale certificate shall be registered in Register of Deeds
3. Public auction 2. Provided not prohibited to do so by instrument creating the
4. 30 days after sale, officer makes a return & file with trust
Register of Deeds where mortgage has been recorded
5. Officer’s return operates as a discharge of the lien created Appointment of Trustee by Court
by the mortgage
6. Proceeds to be applied:  Certified copy of decree shall be presented to Register of
7. Cost of sale Deeds & surrender duplicate certificate
8. Amount of obligation  Cancel duplicate & new certificate shall be entered by
9. Subsequent mortgages Register of Deeds
10. Balance – mortgagor
ACTION FOR RE-CONVEYANCE BASED ON IMPLIED TRUST
Recovery of Deficiency: Allowed
 Prescribes in 10 years
 If acknowledged in written form – becomes express trust –
CHAPTER 11: LEASE prescribes upon repudiation

Lease – one of parties deliver possession of property to another who CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED
is obliged to pay rent for use of such property. LAND

Registration of Lease
1. File with Register of Deeds the instrument creating lease Involuntary Dealings – transactions affecting land in which
together with Owner’s Duplicate of certificate of title cooperation of registered owner is not needed: it may even be
2. Register of Deeds to register by way of memorandum against his will
upon certificate of title
3. No new certificate shall be issued Attachment
 A writ issued at the institution or during progress of an
When Prohibition in Mortgaged Property as regards Subsequent action commanding the sheriff to attach the property,
Conveyances, etc.: Leasehold cannot be registered in the title rights, credits or effects of the defendant to satisfy
thereof. demands of the plaintiff
Effect of Registration:  Kinds:
1. Creates a real right but without prejudice to rights of 1. Preliminary
3rd persons 2. Garnishment
2. If not registered – valid as between parties but not to 3. Levy on execution
3rd persons without notice
Registration of Attachment / Other Liens
Registration – lessor not required to initiate; lessee shall initiate 1. Copy of writ in order to preserve any lien, right or
attachment upon registered land may be filed with Register
Aliens: of Deeds where land lies, containing number of certificate
1. May be granted temporary rights for residential purposes of title of land to be affected or description of land
2. Limit: 25 years, renewable for another 25 years 2. Register of Deeds to index attachment in names of both
plaintiff & defendant or name of person whom property is
Who Else May Register: Builder in Good Faith held or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
4. Register of Deeds shall within 36 hours send notice to
registered owner by mail stating that there has been
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY registration & requesting him to produce duplicate so that
memorandum be made
5. If owner neglects or refuses – Register of Deeds shall
Trust – obligation of a person to whom legal title to property is report matter to court
transferred to hold the property according to confidence reposed in 6. Court after notice shall enter an order to owner to
him surrender certificate at time & place to be named therein
7. Although notice of attachment is not noted in duplicate,
2 Kinds: notation in book of entry of Register of Deeds produces
1. Expressed – need to be in writing; cannot be proved by effect of registration already.
parole evidence
2. Implied – exist by operation of law; can be proved by Effect of Registration of Attachment:
parole evidence 1. Creates real right
3. Property is bought but paid by another party 2. Has priority over execution sale
4. Donation is made but donee have no beneficial interest 3. But between 2 attachments – one that is earlier in
thereon registration is preferred
5. Price of sale of property is loaned & conveyance is made 4. If not registered – actual knowledge is same as registration
to lender to secure fulfillment of loan
6. Land passes by succession to a person but legal title is put Duty of Register of Deeds
in another’s name
7. 2 persons purchase property but placed only in one’s  Basically ministerial but may refuse registration in ff
name circumstances:
8. Guardian uses funds of ward to buy property 1. Title to land is not in the name of defendant
9. Property is acquired thru mistake or fraud
 2. No evidence is submitted to show that he has present or Purpose: keep subject matter within the power of the court until the
possible future interest in land entry of final judgment
3. Unless: heir  Therefore creates merely a contingency & not a liens
Properties Exempt From Execution: Family Home Effect of Registration:
1. Impossibility of alienating the property in dispute during the
Attachment – How continued, reduced or discharged pendency of the suit – may be alienated but purchaser is
 Any method sufficient in law subject to final outcome of pending suit
 Document to be registered 2. Register of Deeds duty bound to carry over notice of lis
pendens on all new titles to be issued
1. EXECUTION SALE
Cancellation of Lis Pendens:
 To enforce a lien of any description on registered land, any 1. Before final judgment – court may order cancellation after
execution or affidavit to enforce such lien shall be filed with showing that notice I sonly for purpose of molesting an
Register of Deeds where land lies adverse party or it is not necessary to protect rights of
 Register in registration book & memorandum upon proper party who caused it to be registered
certificate of title as adverse claim or as an encumbrance 2. Register of Deeds may also cancel by verified petition of
 To determine preferential rights between 2 liens: priority of party who caused such registration
registration of attachment 3. Deemed cancelled when certificate of clerk of court stating
manner of disposal of proceeding is registered
2. TAX SALE
Notice of Lis Pendens is an Involuntary Transaction
 Sale of land for collection of delinquent taxes and penalties
due the government  Sufficient that there is entry in day book
 In personam (all persons interested shall be notified so Other Parties who Need to Register:
that they are given opportunity to be heard) 1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR
 Notice to be given to delinquent tax payer at last known INSOLVENCY
address  Duty of the officer serving notice to file copy of notice
 Publication of notice must also be made in English, to Register of Deeds where the property of debtor lies
Spanish & local dialect & posted in a public & conspicuous  Assignee elected or appointed by court shall be
place in place wherein property is situated & at main entitled to entry of new certificate of registered land
entrance of provincial building upon presentment of copy of assignment with
 Sale cannot affect rights of other lien holders unless given bankrupt’s certificate of title (duplicate)
right to defend their rights: due process must be strictly  New certificate shall not that it is entered to him as
observed assignee or trustee in insolvency proceedings
 Tax lien superior to attachment
 No need to register tax lien because it is automatically Judgment / Order Vacating Insolvency Proceedings
registered once the tax accrues  Order shall also be registered
 But sale of registered land to foreclose a tax lien need to  Surrender title issued in name of assignee & debtor shall
be registered be entitled to entry of new certificate

Procedure of Registration of Tax Sale: 2. GOVERNMENT IN EMINENT DOMAIN

1. Officer’s return shall be submitted to Register of Deeds  Copy of judgment file in Register of Deeds which states
together with duplicate title description of property, certificate number, interest
2. Register in registration book expropriated, nature of public use
3. Memorandum shall be entered in certificate as an adverse
claim or encumbrance  Memorandum shall be made or new certificate of title shall
4. After period of redemption has expired & no redemption (2 be issued
years from registration of auction sale) cancellation of title
& issuance of new one
5. Before cancellation, notice shall be sent to registered CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE
owner: to surrender title & show cause why it shall not be
cancelled
When Owner of Property Dies – testate or intestate,
Actual Knowledge is Equivalent to Registration  Administrator shall file with Register of Deeds registration
of property in his name to be vested with ownership as
Adverse Claim trustee so he can sell, etc, convey, etc
1. Make a statement in writing setting forth alleged interest,
from whom acquired, how acquired, no of certificate of  Not necessary if already empowered in the will
land, name of registered owner, description of land in
which right/interest is claimed – signed & sworn to When Judicial Proceeding Not Necessary
2. Statement shall be entitled to registration as adverse claim  Heirs may partition estate immediately & no need to be
on certificate of title burdened with cost/expenses of an administrator
3. Effective for 30 days from date of registration 1. In absence of debts
4. After 30 days, may be cancelled by filing of verified petition 2. Heirs are all of legal age
by party in interest
 Any party may petition in court to cancel adverse Partition / Settlement of Estate
claim 1. JUDICIAL
 Court to grant speedy hearing  After entry of final judgment of partition, copy
certified by clerk of court to be filed with Register of
 If adverse claim is adjudged invalid – may be Deeds
cancelled
5. No 2nd adverse claim based on same ground shall be  Each owner to gave separate certificate of title
registered by same claimant (duplicate)
 If ordered to be sold, purchaser shall be entitled to a
certificate of title entered in his name upon
CHAPTER 14: REGISTRATION OF LIS PENDENS presentment of order confirming sale
2. EXTRAJUDICIAL
3. Decedent died intestate
4. No debts
 5. Heirs are all of legal age, or minors represented by 4. Cancellation
guardian
 Heirs to execute public instrument to be filed with Against whom Action is Filed:
Register of Deeds 1. Action due to deprivation of land due to mistake,
negligence, omission of Register of Deeds, etc – Register
 If disagree with each other, file in court ordinary of Deeds and National Treasurer as defendants; Sol-Gen
action for partition must appear
 If there is only 1 heir, may adjudicate to himself 2. Private persons involved – should also be impleaded
entire estate via affidavit to be filed with Register of
Deeds Liability:
 If there is movables involved, bond to be filed 1. Satisfy claims from private persons first
equivalent to value of property as certified under 2. When unsatisfied – secondary liable is the National
oath by parties conditioned upon payment if any just Treasurer who shall pay thru assurance fund; thereafter
claim which may be filed by creditor within 2 years Government shall be subrogated to rights of plaintiff to go
after distribution against other parties or securities
 Publication in newspaper of general circulation for 3 Measure of Damages:
weeks; not binding to those without notice
 Based on amount not greater than fair market value of
 Final after 2 years land
Oral Partition, When Deemed Valid  Amount to be recovered not limited to 500,000 which is
maintained as standing fund
 In provinces when person dies leaving property not
covered by Torrens system – to avoid legal expenses,  If fund is not sufficient, National Treasurer is authorized to
heirs make a list of property, pay off debts & assign to each make up for deficiency from other funds available to
Treasury even if not appropriated
 Statute of frauds – do not operate because it is not a
conveyance but a separation of property and designation of Where and When to File Action against Assurance Fund:
part which belongs to them 1. Any court of competent jurisdiction – RTC in city where
property lies or resident of plaintiff
Wills and Letters of Administration 2. Action prescribes in 6 years from time plaintiff actually
 Executor required to file with Register of Deeds a certified suffered loss
copy of his letters of administration or the will if there is a 3. If plaintiff is minor, insane or imprisoned – has additional 2
will in order that Register of Deeds may register upon years after disability is removed to file action
certificate a memorandum with reference to file no & date notwithstanding expiration of regular period
of filing

Court Authority Needed in Order to Sell CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL
1. May be dispensed with if will empowers him sell REGISTRATION
2. Without authority first secured, heir may sell subject to
result of pending administration
1. Lost Duplicate Certificate
 Sworn statement that certificate is lost to be filed by
CHAPTER 16: ASSURANCE FUND person in interest with Register of Deeds
 Petition to court for issuance of new title
 State creates a fund for the compensation of persons  After notice and hearing – court to order issuance of
injured by divesting/cutting off of rights due to the new title with memorandum that it is issued in place of
indefensibility of title; following that act of registration is lost certificate (duplicate)
operative act by which State transfers title; created to  If false statement: complex crime of estafa thru
relieve innocent persons from harshness of doctrine that falsification of public document
certificate of title is conclusive evidence of an indefeasible
title to land. 2. Adverse claim in registered land
 Upon entry of certificate in name of owner or TCT, ¼ of 1%  Whoever claims a better right or interest in a land
shall be paid to Register of Deeds based on assessed adverse to the registered owner shall make written
value of land – as contribution to assurance fund; if no statement alleging his right, how and when acquired
assessment yet, sworn declaration of 2 disinterested with description of land
persons subject to determination by court.  Statement to be signed and sworn to
 Money shall be under custody of the National treasurer;  Entitled to registration as adverse claim – noted on
invest it until P+I aggregates to 500,000, excess shall be certificate of title
paid to the Assurance Fund; annual report of Treasurer to
Secretary of Budget.  If there is petition – speedy hearing, determine validity
of adverse claim
Who is Entitled:  May be cancelled without court order; effective only for
1. Claimant must be owner, purchaser or encumbrancer in 30 days
good faith who suffered actual damage by loss of land; in  After cancellation, no adverse claim on same ground
short – he is deprived of his land or interest therein may be registered by same claimant
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land 1. Adverse to registered owner
4. Action to recover from assurance fund has not prescribed 2. Arises after original registration
3. Cannot be registered under provisions of land
Loss/Damages Should Not be Due to Following Reasons: registration act
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in  To be made on original certificate, to the
certificate of title duplicate is not necessary because no access
 Contracts of lease, contract to sell but
Loss/Damages Should be Due to the Following Reasons: prescription and money claims are not allowed
1. Omission, mistake, misfeasance of Register of Deeds or  Purpose: measure designed to protect the
clerk of court interest of a person over a property where
2. Registration of 3rd persons as owner registration is not provided for by the land
3. Mistake, omission, misdescription in certificate of title, registration act; serve as notice and warning to
duplicate or entry in books persons subsequently dealing on said land
  Different with lis pendens: permanent; can only  Full payment of fees prerequisite to registration: at least
be removed after hearing is done but adverse the entry fee of 5.00, rest of the fees due payable within
claim is only for 30 days: lis pendens – notice next 15 days
that property is in litigation; adverse claim;
somebody is claiming better right Offenses:
 Recent ruling: adverse claim can only be 1. Larceny
removed upon court order 2. Perjury – false statement under oath
3. Fraudulent procurement of certificate: fine of not more than
3. Petition Seeking Surrender of Duplicate Title 10,000 or imprisonment of 5 years or both in discretion of
court
 In voluntary and involuntary conveyances – when 4. Forgery: fine of not more than 10,000 or imprisonment of
duplicate cannot be produced, petition in court may be 10 years or both in discretion of court
filed to compel surrender of certificate of title duplicate 5. Forging of seal in Register of Deeds, name, signature or
to Register of Deeds handwriting of any officer of court of Register of Deeds
 After hearing, may order issuance of new certificate 6. Fraudulent stamping or assistance in stamping
and annul the old certificate; new certificate shall 7. Forging of handwriting, signature of persons authorized to
contain annotation re annulment of old certificate sign
8. Use of any document which an impression of the seal of
4. Amendment and Alteration of Certificate of Title the Register of Deeds is forged
 A certificate of title cannot be altered, amended except 9. Fraudulent sale: sale of mortgaged property under the
in direct proceeding in court; summary proceeding misrepresentation that it is not encumbered; deceitful
disposition of property as free from encumbrance:
 Entries in registration books also not allowed to be imprisonment of 3 years or fine not exceeding 2,00 or both
altered except by order of the court at discretion of court
 Grounds:
1. New interest not appearing on the instrument
have been created CHAPTER 19: REGISTRATION OF PUBLIC LANDS
2. Interest have terminated or ceased
3. Omission or error was made in entering
certificate Public Lands – all lands owned by the government
4. Name of person on certificate has been changed
5. Registered owner has married  Inalienable and alienable
6. Marriage has terminated  Inalienable – public domain: timber and miner lands
7.Corporation which owner registered land has  Alienable/ Disposable – public agricultural land
dissolved and has not conveyed the property
within 3 years after its dissolution Public land may be alienated, conveyed to private person.
 What corrections are permitted in title (which does not
include lands included in original; technical description as Procedure:
long as original decree of registration will not be reopened 1. Official issuing instrument of conveyance to issue
and rights or interest of persons not impaired; old survey instrument
was incorrect; substitution of name of registered owner) 2. File instrument with Register of Deeds
1. Alteration which do not impair rights and 3. Instrument to be entered in books and owner’s duplicate to
2. Alteration which impair rights – with consent of be issued
all parties 4. Instrument – only contract between Government and
3. Alterations to correct obvious mistakes private person and does not take effect as conveyance if
unregistered, it is registration which is operative act of
5. Reconstitution of original certificate of tile conveying land; evidence of authority for Register of
Deeds to register
 As consequence of war – records have been 5. Fees to be paid by grantee
destroyed 6. After issuance of certificate of title, land is deemed
 When reconstituted – have same validity as old title registered land within the purview of the Torrens system
 Can only be done judicially by filing a petition for
reconstitution with RTC Nature of Title to Public Lands conveyed: Indefeasible and
Conclusive
 To be published in OG for 2 cons issues and on main
entrance of municipality at least 30 days before  In absence of registration, title to public land is not
hearing perfected and therefore not indefeasible
 In rem proceedings  In case of 2 titles obtained on same date – one procured
thru decree of registration is superior than patent issued by
 Court to order reconstitution if it deemed fit; issue director of lands
order to Register of Deeds
 2 titles procured by one person – one from homestead
 Lack of essential data fatal patent, one from judicial decree & sold to 2 diff persons,
one who bought it for value and in good faith & one who
register first shall have preference.
6. Transaction evidenced by lost document – how registered
 Register of Deeds forbidden to effect registration of Classification of Land of Public Domain:
lost or destroyed documents  Classification is exclusive prerogative of executive & not
 Steps by interested parties: by judiciary
1. Procure authenticated copy of lost or destroyed  Anyone who applies for confirmation of imperfect title has
instrument burden of proof to overcome the presumption that the land
2. Secure an order from court sought to be registered forms part of public domain
(Regalian doctrine).

CHAPTER 18: FEES, OFFENSES, PENALTIES Under the Constitution:

1. Agricultural – only one subject to alienation
2. Forest or timber
3. Mineral lands
 In connection with original and subsequent registration of
4. National park
lands – payable to Clerk of court, Register of Deeds, sheriff
Under the Public Land Act:
1. Alienable/disposable
 2. Agricultural
3. Residential, commercial, industrial Title Issued Pursuant to Registration of Patent
4. Educational, charitable 1. Indefeasible – when registered, deemed incorporated with
5. Town sites and for public and quasi-public uses Torrens system; 1 year after issuance of patent
6. Timber lands – inalienable 2. May not be opened one year after entry by Land
7. Mineral lands inalienable Registration Authority; otherwise, confusion, uncertainty &
 If patent or title is issued – void ab initio for lack of confusion on government system, of distribution of public
jurisdiction lands may arise & this must be avoided
 Not subject to acquisitive prescription; even if in Except: annullable on ground of fraud, may be reopened even after 1
possession for long time, will not ripen into ownership year because registration does not shield bad faith
 Except: mineral lands and forest lands acquired before  Court in exercise of equity jurisdiction may direct
inauguration of Commonwealth in November 15, 1935; reconveyance even without ordering cancellation of title
vested rights which are protected.
Aim of Homestead Patent:
Fishponds
 Benevolent intention of government to distribute
disposable agricultural land to destitute citizens for their
Before: included in definition of agriculture, conversion of agricultural home and cultivation
land to fishponds does not change character of land
Now: restricted meaning; fishponds have distinct category; cannot be  As a matter of public policy, may be repurchased even if
alienated but may be leased from government. after 5 years provided not for profit
 Right of repurchase not allowed if sold within family & not
Director of Lands for cultivating or living but for speculation purpose
 Quasi-judicial officer
Restrictions:
 Findings of fact conclusive on higher court with absence of 1. Cannot be alienated within 5 years after approval of
fraud, mistake other than error of judgment; but not with application for patent
regards to finding of law 2. Cannot be liable for satisfaction of debt within 5 years after
 Empowered to alienate and dispose lands approval of patent application
3. Subject to repurchase of heirs within 5 years after
Modes of Alienating Public Lands: alienation when allowed already
1. Homestead settlement 4. No corporation, partnership, association may acquire
2. Sale unless solely for commercial, industrial, educational,
3. Confirmation of imperfect or incomplete title religious or charitable purpose or right of way subject to
4. Judicial legalization consent of grantee & approval of Secretary of Natural
5. Administrative legalization resources
 Lease not included since lease does not transfer
ownership; free-title grant: free distribution of public lands
to encourage people to cultivate; government furnishes the Exceptions:
applicant with tolls plus cash allowance to enable him to 1. Action for partition because it is not a conveyance
cultivate 2. Alienations or encumbrances made in favor of the
government
Confirmation of Imperfect Title:
1. Last extension granted by Government was until Erred Homesteader not Bared by Pari Delicto
December 31, 1987  Pari delicto rule does not apply in void contract
2. Right made available to person qualified to acquire  Violation of prohibition results in void contract
alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession  Action to recover does not prescribe
under bona fide claim of ownership since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have Homesteader
applied for purchase but did not receive title, without  If he dies, succeeded by heirs in the application
default on their part provided they have occupied since
their application Legal Restriction in Disposition by Non-Christians (Cultural
4. In OCEN possession since June 12, 1945 or earlier MINORITIES)
5. Members of cultural minorities in OCEN who has claim of  Conveyance is valid if able to read and can understand
ownership for at least 30 years language where deed is written
Max Land that can be Applied: 144 hectares  Otherwise, not valid unless approved by Commission on
National Integration
 In case of foreigner, sufficient that he is already Filipino
citizen at the time of his application  Safeguard is to protect them against fraud/deceit
 Corporation who has less 60% Filipino ownership cannot
apply confirmation of imperfect title; can only lease
CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS
Persons Competent to Question Land Grant
 Persons who obtained title from State or thru persons who Purpose:
obtained title from State
 Another means to bring lands under operation of Torrens
PATENT System
 Ordinary registration is slow for lack of initiative on part of
When is Government Grant Deemed Acquired by Operation of landowners, innovation was conceived to hasten and
Law: accelerate registration
1. Deed of conveyance issued by government patent/grant  Government initiates that all lands within a stated region
2. Registered with Register of Deeds – mandatory: operative are up for registration – whether or not owners are
act to convey & transfer title interested to settle their titles
3. Actual physical possession, open & continuous
 Land ceased to be part of public domain & now Nature of Proceedings:
ownership vests to the grantee  In rem
 Any further grant by Government on same land  No defendant & no plaintiff
is null & void
 Compulsory
 Upon registration, title is indefeasible
 CADASTRAL ORDINARY
Procedure:
1. Cadastral survey
Party
 In opinion of Phil president pursuant to requirement of Initiating Government Private Individual
public interest, title of land within a specified area
needs to be settled and adjudicated Subject
 Order Director of Lands to make survey and plan Matter Private and Public Private Lands
 Director gives notice to persons claiming interest in
lands & to gen public of day of survey – published in Government does not
OG and posted in conspicuous place on lands to be assert ownership Interested
surveyed Ownership only in settlement of titles Ownership is Asserted
 Geodetic engineers commences survey Government undertakes
 During survey, boundaries are marked by monuments survey and advances
2. Filing of petition Survey expenses On account of owner
 After survey and plot been made, Director represented
by Sol Gen institutes cadastral proceeding by filing Applicant has another
petition in court against holders, claimants, In absence of successfulchance to claim is
possessors, occupants claimant, property goes todismissal is without
As to risk government prejudice
 Parcel of lots given their cadastral numbers
3. Publication of notice of hearing
 Court to order date of hearing When can Cadastral Proceedings may be Opened
 LRA to notify public by publishing notice 1x in OG and  10 years up to Dec 31, 1968
1x in newspaper of general circulation & copy mailed  Unable to file their claim even while in possession granted
to person whose address is known & other copies right to petition for reopening of proceedings provided such
posted in conspicuous place designated bylaw were not alienated, leased or disposed by government
4. Filing of answer
 Any person claiming interest in any part of lands Cadastral Court does not Award Damages, But may Direct
subject to petition is required to file answer Sheriff to Deliver Possession
 Answer must give the ff details:  Provisions of land registration act applicable to cadastral
1. Age of claimant proceedings
2. Cadastral number of lot claimed
3. Name of barrio or municipality where lot is
located CHAPTER 21: SYSTEM OF REGISTRATION FOR
4. Name of owners of adjoining lots UNREGISTERED LANDS
5. If in possession & without grant – no of years in
possession
6. If not in possession – state interest claimed  System of registration for unregistered land under the
7. If assessed of taxation – assessed value Torrens System (ACT 3344)
8. Any encumbrances affecting said lots
9. Hearing of case
 Before: covers voluntary dealings, now includes
involuntary dealings
 In any convenient place where land lies
 Effect if prospective; binds 3rd persons after registration
 Like an ordinary RTC trial but yields to better rights of 3rd person prior to registration
 Conflicting claims are determined (limited effect to 3rd parties)
 Lots claimed are awarded to persons entitles – if they  Reason: no strict investigation involved
could prove title  Subsequent dealings – also valid if recorded
 If none could prove title – land is declared public  Register of Deeds keeps day book & a register; index
domain system is also kept
5. Decision
 Procedure:
 Claimants are notified of decision 1. Presentment of instrument dealing in unregistered land
6. Issuance of decree and certificate of title 2. If found in order – registered
 Upon order of court, LRA to enter decree of 3. If found defective – registration is refused writing his
registration reason for refusal
 Decree made basis for issuance of OCT
 Decree are now being directly prepared and issued on
regulation forms of such certificate

Nature of Title Covered by 2 Acts:

 Title in good faith & for value
 Errors in plan does not annul decree of registration
 Cancellation & correction is permitted

Land Already Registered

 Jurisdiction is limited only to correction of technical errors
 Court cannot issue decree on land already decreed
 Revision of decree allowed when substantial rights are not
impaired; what is prohibited is registered land to be
registered again in name of another
 Jurisdiction subsist to all incidental matters

CADASTRAL PROCEEDING COMPARED TO ORDINARY

REGISTRATION