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    Land Titles and Deeds Module 1

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    Hanabishi Rekka
    The document discusses the Regalian Doctrine which provides that all public domain lands, waters, and natural resources belong to the state. It also discusses the Torrens system of land registration which requires the government to issue certificates of title as evidence of land ownership. The advantages of the Torrens system include the certificate of title serving as the best evidence and notice of ownership and protecting indefeasible titles after one year.

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    © All Rights Reserved
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    Land Titles and Deeds Module 1

    Uploaded by

    Hanabishi Rekka
    45 views2 pages
    The document discusses the Regalian Doctrine which provides that all public domain lands, waters, and natural resources belong to the state. It also discusses the Torrens system of land registration which requires the government to issue certificates of title as evidence of land ownership. The advantages of the Torrens system include the certificate of title serving as the best evidence and notice of ownership and protecting indefeasible titles after one year.

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    LAND-TITLES-AND-DEEDS-MODULE-1

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    The document discusses the Regalian Doctrine which provides that all public domain lands, waters, and natural resources belong to the state. It also discusses the Torrens system of land registration which requires the government to issue certificates of title as evidence of land ownership. The advantages of the Torrens system include the certificate of title serving as the best evidence and notice of ownership and protecting indefeasible titles after one year.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    45 views2 pages

    Land Titles and Deeds Module 1

    Uploaded by

    Hanabishi Rekka
    The document discusses the Regalian Doctrine which provides that all public domain lands, waters, and natural resources belong to the state. It also discusses the Torrens system of land registration which requires the government to issue certificates of title as evidence of land ownership. The advantages of the Torrens system include the certificate of title serving as the best evidence and notice of ownership and protecting indefeasible titles after one year.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    LAND TITLES AND DEEDS

    MODULE;
    Week 1-

    The Regalian Doctrine:

    Article XII of the 1987 Constitution provides:

    Sec. 2. All lands of the public domain, waters ,mineral, coal ,,petroleum and
    other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife,
    flora and fauna and other natural resources are owned by the state. With the exception
    of agricultural lands, all other natural resources shall not be alienated.

    Exceptions to the Regalian Doctrines are:


    1.- Properties of the church;
    2.-lands that have been in possession of the claimant or his predeccessors-in-
    interest since time immemorial or lands covered by Indigenous People Rights Act of
    1997;

    The Torens System:

    Under the Torens System of registration , the government is required to issue a


    certificate of title attesting to the fact that the person named in the certificate of title is
    the owner of the described property subject to the liens and encumbrances noted
    therein. It may be done judicially or administratively, through the DENR.

    The Property Registration Decree codified all the various laws relative to
    property registration.

    Advantages of the Torens System:

    1.-The Transfer Certificate of title is the best evidence of ownership;

    2.-The Torens Certificate of Title is a notice to the whole world. That is why a
    land registration proceeding is in rem.

    3.-All claims prior to the issuance of the title are barred;

    4.- The Torens Certificate of Title is indefeasible after one year from entry of the
    decree of registration;

    5.-The Torens Certificate of Title is imprescriptible;

    6.-Every person dealing with a registered land in good faith and for value need
    not go beyond the tile any may safely rely on the correctness of the title;

    7.- The person who fraudulently registered the tilte to the land in his name holds
    it in trust with the obligation to reconvey he property to the true owner.
    1
    8.-He who registers first is preferred in right in so far as the third persons are
    concerned. It would appear that this situation may hardly exist. If one deals with a
    registered land such as sale, the buyer should get or take possession of the owner’s copy
    of the title because the surrender of the owner,s copy of the title is the very authority of
    the register of deeds to annotate or register the sale. Any subsequent dealing on the
    land could not be registered by the subsequent buyer because he is not in possession of
    the owner,s certificate of title.

    9.-A forged document may be the root of a valid title if the certificate of title has
    already been transferred to the forger because one who deals with a registered land
    need not go beyond the title .(see Circe Duran vs. Intermediate Appellate Court,.G. R.
    no.64159, September 10, 1985; , 138 SCRA 489).

    Week 2-

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