REMINDERS IN LAND TITLES AND DEEDS

Torrens System proceeding. It consists of one

original copy files in the Register of
Concept and background Deeds, and the owner’s duplicate
certificate delivered to the owner.
1. It is system of registration of land under
which, upon the landowners’ b. Transfer Certificate of Title is the
application, the court may, after title used by the Register of Deeds in
appropriate proceedings, direct the favor of a transferee to whom the
Register of Deeds for the issuance of a ownership of a registered land has
certificate of title. been transferred by any legal mode
of conveyance (e.g. sale, donation). It
The system was devised and first also consists of an original and an
introduced in South Australia by Sir owner’s duplicate certificate.
Robert R. Torrens in 1857.
Regalian Doctrine Concept
2. Introduced in the Philippines by Act
No. 496, which took effect on January 1, The Regalian Doctrine is a time-honored
1903 (Sotto vs. Sotto, 1922). Constitutional precept that all lands of the
public domain belong to the State, and that
It was later amended and superseded by the State is the source of any asserted right
P.D. 1529, which took effect on June 11, to ownership in land and charged with the
1987, otherwise known as the Property conservation of such patrimony.
Registration Decree.
Effects
3. The registration of a patent under the
Torrens System merely confirms the 1. The Regalian Doctrine does not negate
registrant’s title. It does not vest title native title to lands held in private
where there is none because registration ownership since time immemorial (Cruz
under this system is not a mode of vs. Secretary or Environment and Natural
acquiring ownership. The indefeasibility Resources, 347 SCRA 128).
of a title does not attach to titles secured
by fraud and misrepresentation (Baguio 2. Native Title refers to pre-conquest rights
vs. Republic, 301 SCRA 451 [1999]). to lands and domains which, as far back
as memory reaches, have been held
4. Land registration cases are special under a claim of private ownership by
proceedings where the concept of a ICCs/IPs, have never been public lands
cause of action in ordinary civil actions and are thus indisputably presumed to
does not apply (Republic vs. Mangotara, have been held that way since before the
624 SCRA 360). Spanish Conquest.

Certificate of title 3. Time immemorial possession refers to a

period of time when as far back as
1. There are two types of certificate of title: memory can go, certain ICCs/IPs are
known to have occupied, possessed in
a. Original Certificate of Title is the the concept of owner, and utilized a
first title issued in the name of the defined territory devolved to them, by
registered owner by the Register operation of customary law or inherited
of Deeds covering a parcel of from their ancestors, in accordance with
land which had been registered their customs and traditions. It justifies
under the Torrens system by virtue the presumption that the land had never
of judicial or administrative been part of the public domain and that
 it had been private property even before 4. Those who have acquired ownership of
the Spanish conquest. private lands or abandoned river beds
by right of accession or accretion under
Classification of public lands the existing laws.

1. The classification of public lands is an 5. Those who have acquired ownership of

exclusive prerogative of the Executive land in any other manner provided for
Department of the Government and not by law.
of the Courts (Director of Lands vs. CA,
129 SCRA 689). Land owned in common, all the co-
owners shall file the application jointly.
2. The onus probandi lies on the person
applying for registration that the land Land sold under pacto de retro, the
subject of the application is alienable. vendor a retro may file an application
Persuasive proof or evidence must be for the original registration of the land,
shown (Regalian Doctrine, 379 SCRA provided, however, that should the
632). period for redemption expire during the
pendency of the registration
Citizenship Requirement proceedings and ownership to the
property consolidated in the vendee a
1. In case of individuals, must be Filipino retro, the latter shall be substituted for
citizen; and the applicant and may continue the
proceedings.
2. In case of corporations, such may
acquire private lands but not alienable A trustee on behalf of his principal may
and disposable public agricultural apply for original registration of any
lands. The test to determine land held in trust by him, unless
corporation’s nationality is based on the prohibited by the instrument creating
citizenship of its stockholders. the trust.

Original Registration Under CA 141 (for the confirmation of

incomplete or imperfect title under Sec.
Who may apply 48b of the Public Land Act), the
following persons may file in the proper
1. Under PD 1529, the following Court of First Instance an application for
persons may file in the proper Court registration of title to land, whether
of First Instance an application for personally or through their duly
registration of title to land, whether authorized representatives.
personally or through their duly
authorized representatives; 6. Those who by themselves or through
their predecessors-in-interest have been
2. Those who by themselves or through in open, continuous, exclusive and
their predecessors-in-interest have been notorious possession and occupation of
in open, continuous, exclusive and alienable and disposable lands of the
notorious possession and occupation of public domain under a bona fide claim
alienable and disposable lands of the of ownership since June 12, 1945, or
public domain under a bona fide claim earlier.
of ownership since June 12, 1945, or 7. Those who have acquired ownership of
earlier. private lands by prescription under the
3. Those who have acquired ownership of provision of existing laws.
private lands by prescription under the
provision of existing laws. 8. Those who have acquired ownership of
private lands or abandoned river beds
 by right of accession or accretion under once in the newspaper of general
the existing laws. circulation in the Philippines;

Those who have acquired ownership of f. Service of notice upon

land in any other manner provided for contiguous owners, occupants and those
by law. known to have interest in the property
by the sheriff;
Under RA 8371:
g. Filing of answer or opposition to
The allocation of lands within any application if any person whether
ancestral domain to individual or named in the notice or not;
indigenous corporate (family or clan)
claimants shall be left to the ICCs/IPs h. Hearing of the case by the court;
concerned to decide in accordance with
customs and traditions; i. Promulgation of judgment by the court;

Individual and indigenous corporate j. Issuance of decree of order by the court

claimants of ancestral lands which are declaring the decision final and
not within ancestral domains, may have instructing the Land Registration
their claims officially established by Authority to issue a Decree of
filing applications for the identification Confirmation and Registration;
and delineation of their claims with the
Ancestral Domains Office. An k. Entry of decree in the LRA;
individual or recognized head of a
family or clan may file such application l. Sending of copy of decree to the
in his behalf or in behalf of his family or corresponding Register of Deeds;
clan, respectively;
m. Transcription of decree in the
Registration process and requirements registration book and issuance of
Owner’s Duplicate Original Certificate
In ordinary land registration: of Title of the applicant by the Register
of Deeds upon payment of the
a. Survey of the land by the Land prescribed fees.
Management Bureau or a duly licensed
private surveyor; Remedies

b. Filing of Application for Registration by 1. New Trial; grounds

the applicant at the RTC of the province,
city or municipality where the property a. Fraud, accident mistake excusable
is situated; negligence which ordinary prudence
could not have guarded against;
c. Setting of date for initial hearing by the
court; b. Award of excessive damages of
insufficiency of evidence to justify
d. Transmittal of application and date of the decision;
initial hearing together with all
documents or other evidences attached c. Newly discovered evidence period
thereto by the Clerk of Court to the of filing: within the 15-day period
Land Registration Authority ; for perfection an appeal

e. Publication of notice of filing of 2. Appeal

application and date and place of
hearing once in the official gazette and 3. Relief from judgment
 Involuntary dealings – refer to such writ
4. Action for Reconveyance – an action order or process issued by a court affecting
seeking to transfer or reconvey the land registered land which by law should be
from the registered owner to the rightful registered to be effective, and also to such
owner instruments which are not willful acts of the
registered owner and which may have
5. Action for compensation from assurance been executed even without his
fund knowledge or against his consent.

6. Action for damages Effect of registration

7. Cancellation of suits 1. Registration in a public registry serves

as constructive notice to the whole
8. Annulment of judgment world. (Olizon vs. CA, 236 SCRA 148
[1994]) ergo, the 4-year prescriptive
9. Quieting of title period shall be counted therefrom (Phil.
Economic Zone Authority vs.Fernandez,358
10. Criminal action SCRA 489 [2001]).

Cadastral registration 2. A judgment in the land registration case

cannot be effectively utilized to oust the
1. Compulsory registration initiated by the possessor of the land whose security of
government, to adjudicate ownership of tenure rights are still pending
land determination before the Department of
Agrarian Reform and Adjudication
2. Involuntary on the part of the claimants Board (Heirs of Roman Soriano vs. CA,
but they are compelled to substantiate 363 SCRA 87).
their claim or interest through an
answer 3. Land registration cases are special
proceedings where the concept of a
Examples: expropriation, auction sale in cause of action in ordinary civil actions
foreclosure, forfeiture, levy on does not apply (Republic vs. Mangotara,
execution, mortgage, tax sale, 624 SCRA 360).
attachment, mandamus, adverse claims
and notice of lis pendens Non-Registrable Properties

Subsequent Registration 1. Forest or timber land, public forest and

forest reserve
Voluntary dealings – refer to deeds,
instruments or documents which are results 2. Mangrove swamps
of the free and voluntary acts of the parties
thereto. 3. Mineral lands

Effects of registration – an innocent purchaser 4. Foreshore lands and seashore

for value of registered land becomes the
owner the moment he presents and files a 5. Navigable rivers, streams and creeks
duly notarized and valid deed of sale and
the same is entered in the book and at 6. Lakes
the same time he surrenders or
presents the owner’s duplicate certificate 7. Military reservations
of title covered the land sold.
8. Watershed
9. Grazing lands

10. Previously titled land

11. Alluvial deposit along river when man-

made

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