Land Registration Laws
Land Registration Laws
Land Registration Laws
LAND TITLE
Best evidence of the right of the owner or the extent of his interest,
and by which means he can maintain control, and as a rule assert right
to exclusive possession and enjoyment of property.
DEED
An instrument in writing which any real estate or interest therein is
created, alienated, mortgaged or assigned or by which title to any real
estate may be affected in law or equity.
Purpose of Registration
The purpose of the registration is to finally settle title to real
property in order to preempt any question on the legality of the title
– except claims that were noted on the certificate itself at the time
of registration or those that arose subsequent thereto (i.e., mortgage,
lease, sale)
1. OCT
2. TCT
3. Patents
Patents only involve public lands which are alienated by the Government,
pursuant to the Public Land Act (CA 141).
1. PD NO. 1529
The Property Registration Decree covers both ordinary and
cadastral registration proceedings. It supersedes the Land Registration
Act and the Cadastral Act (Act No. 2259).
2. CA 141
The Public Land Act governs the procedure for the judicial
confirmation of imperfect or incomplete titles. It applies to lands of
the public domain which have been declared open to disposition or
concession by the government and officially delimited and classified.
Registrable lands
a. Private Lands
b. Agricultural Lands (part of public land that is only alienable)
Private Corporations
Private corporations may not hold alienable lands of the public domain
except by lease not exceeding 1000 hectares.
ADVERSE CLAIM
When a person claims any part or interest in registered land adverse to
the registered owner, after date of the original registration. It is
registered by filing with the Register of Deeds a sworn petition stating
the basis of the right claimed 30 days from the date of registration
EXCEPTION: If there is good faith, a TCT has already been issued to the
purchaser, the latter being an innocent purchaser for value according
then the title is good.
Reconstitution Replacement
Original title with the RD got lost Only the owner’s duplicate
or destroyed, then reconstitution certificate got lost/destroyed, and
of the title would be necessary. the copy at the Register of Deeds
is intact.
This can be either through an
administrative reconstitution (in
case of a substantial loss of
titles in the RD) or a judicial
reconstitution (in case the RD copy
of the title is lost or destroyed
RA 456
No voluntary document by which real property or on interest
therein sold, transferred, assigned, mortgaged or leased shall be
registered in the registry of property, unless the real estate taxes
levied and actually due thereon shall have been fully paid. If evidence
of such payment is not presented within fifteen days from the date of
entry of said document in the primary entry book of the register of
deeds, the entry shall be deemed cancelled. A certificate of the
provincial, city or municipal treasurer showing that the real property
involved is not delinquent in taxes shall be sufficient evidence for the
purposes of this Act.
ACT NO. 1508 AN ACT PROVIDING FOR THE MORTGAGING OF PERSONAL PROPERTY
AND FOR THE REGISTRATION OF THE MORTGAGES SO EXECUTED
Public Land Act (Commonwealth Act No. 141) and other laws on Patent
Classification of Land of the Public Domain UNDER THE PUBLIC LAND ACT
(ATM)
1. Alienable/disposable (TERA)
a. Agricultural
b. Residential, commercial, industrial
c. Educational, charitable
d. Town sites and for public and quasi-public uses
2. Timber lands – inalienable
3. Mineral lands – inalienable
Delegated Functions
Land Management Bureau Director of Administration and distribution of
Lands public lands, Land classification
and release of lands of the public
domain as alienable and disposable
(A and D)
-approve survey plans for original
registration purposes.
Signs patents for 10-12 hectares
for homestead and free patents
Regional Executive Director (RED) Signs patents for 5-10 hectares for
homestead and free patents
Regional Technical Director (RTD) -Approves and signs maps and plans
for public land subdivision,
cadastral and isolated surveys
-approves political boundary
surveys
Provincial, Environment and Natural -Signs patents for areas up to 5
Resources Officer (PENRO) hectares for homestead and free
patent
-Issuance of certificate whether
timber land or A and D (above 50
hectares)
Community Environment and Natural -Issues survey orders to conduct
Resources Officer (CENRO) isolated surveys and for
subdivision of cadastral lots for
patented and unpatented land
-Issuance of certificate whether
timber land or A and D (below 50
hectares)
-first priority shall be given to bona fide occupants of such lands and
thereafter to war veterans of the past war including members of the
USAFFE, recognized guerrillas, and deserving members of unrecognized
guerrilla organizations
Note: This was amended by RA 11573 in August 2021, which shortens the
period of possession and occupation of alienable and disposable
agricultural lands to 20 years, “except when prevented by war or force
majeure.”
Spanish titles to lands which have not yet been brought under the
operation of the Torrens system, being subject to prescription, are now
ineffective to prove ownership unless accompanied by proof of actual
possession.
-may not be sold within 5 years from the issuance of the patent
Reversion
Reversion is an action filed by the government as the grantor against
the grantee, through the Office of the Solicitor General as its lawyer,
to restore public land fraudulently awarded and disposed of to private
individuals or corporations to the mass of the public domain. (i.e.
selling of free patent land within prohibition period
REPUBLIC ACT No. 10023 (AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS
TO RESIDENTAL LANDS)
• Provided: That in highly urbanized cities, the land should not exceed
two hundred (200) square meters; in other cities, it should not exceed
five hundred (500) square meters; in first class and second class
municipalities, it should not exceed seven hundred fifty (750) square
meters; and in all other municipalities, it should not exceed one
thousand (1,000) square meters;
• That the land applied for is not needed for public service and/or
public use
Sample board exam question For the purpose of qualifying a public land
applicant of a free patent under RA 10023, the average annual income of
a 2nd class municipality where he is applying is equal to or more than
45 million but not exceeding A. 65M B. 55M C. 45M D. 75M