CIVIL LAW
Land Titles and Deeds
LAND TITLE is the evidence of the
owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property.
DEED is the instrument in writing by
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. Necessarily includes:
1. The name of the Grantor 2. The name of the Grantee 3. Words of grant 4. Description of property 5. Signature of grantor 6. Witnesses FEE SIMPLE
Absolute title; absolute estate in perpetuity.
Land is conferred upon a man and his heirs absolutely and without any limitation imposed upon the state.
LAND REGISTRATION is a judicial or
administrative proceeding whereby a person’s claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry.
Purposes:
1. To quiet title to land and to stop forever any question as to the legality of said title;
2. To provide a means of publication
TORRENS SYSTEM is a system for
registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title.
Legarda v. Saleeby, 31 Phil 590 1915
PURPOSES: [QUIP-CC]
1. To quiet title to the land and to stop forever any question as to the legality of said title
2. To relieve the land of unknown
claims
3. To guarantee the integrity of land titles and to protect their indefeasibility once the claim of ownership is established and recognized
4. To give every registered owner complete peace of mind 5. To issue a certificate of title to
the owner which shall be the best evidence of his ownership of the land
6. To avoid conflicts of title in and to real estate
Capitol Subdivision, Inc. v. Province of Negros Occidental, 7 SCRA 60 (1963)
The registration of property is to:
(1) avoid possible conflicts of title in and to real property, and
(2) facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further,
EXCEPT when the party concerned has
actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry.
NATURE OF TORRENS SYSTEM
Judicial in character and not merely administrative
Proceeding is in rem (binding upon the whole world)
CONCEPT OF TORRENS SYSTEM
• Does not create or vest title
• Only confirms (does not confer) ownership
TORRENS TITLE is a certificate of
ownership issued under the Torrens System, through the Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances except such as may be expressly noted there or otherwise reserved by law.
University of the Cordilleras
CIVIL LAW
• GENERAL RULE: A title once registered cannot be impugned, altered, changed, modified, enlarged, or diminished
• EXCEPTION: Direct proceeding permitted by law, usually for the protection of innocent third persons
PROBATIVE VALUE OF THE TORRENS TITLE
• Torrens Title may be received in evidence in all courts in the Philippines, and shall be conclusive as to all matters contained therein, principally as to the identity of the land owner except so far as provided in the Land Registration Act.
TYPES OF TORRENS CERTIFICATES OF TITLE:
1. Original Certificate of Title- the first title issued in the name of the registered owner by the Register of Deeds (ROD) covering a parcel of land which had been registered by virtue of a judicial or administrative proceeding.
2. Transfer Certificate of Title- the title issued by the ROD in favor of the transferee to whom the ownership of the already registered land had been transferred by virtue of a sale or other modes of conveyance.
MODES OF ACQUIRING TITLE:
1. Public Grant A conveyance of public land by government to a private individual 2. Acquisitive Prescription Must be OCEN: in open, continuous, exclusive, and notorious possession
If in good faith and with just title: 10 years
uninterrupted possession is required
If in bad faith and without just title:
30 years continuous possession is required Only available if the land possessed is
public land that is
alienable and disposable A property registered under the provisions of PD 1529 is not subject to prescription Prescription is unavailing not only against the registered owner, but also against his hereditary successors 3. Accretion Requisites: 1. The deposit of soil or sediment be gradual and imperceptible; 2. It is the result of the current of the waters (river/sea); and
3. The land where accretion takes place is adjacent to the banks of rivers or the sea coast • Accretion to registered lands need new registration • No human intervention • The current
CIVIL LAW
causing the alluvial deposit must be from a river. If it is from the sea, the deposit will pertain to the state. (Government of the Phils. v. Cabangis, 53 Phil 112 [1929]) 4. Reclamation • Filling of submerged land by deliberate act and reclaiming title thereto • Must be initially owned by government • May be subsequently transferred to private owners 5. Voluntary Transfer • Private grant • Voluntary execution of Deed of Conveyance • Contractual relationship between the parties • Consensual 6. Involuntary Alienation • No consent from the owner of the land • Forcible acquisition by the State 7. Descent or Devise • Hereditary succession to the estate of deceased owner 8. Emancipation Patent/ Grant (Certificate of Land Ownership Award) • To ameliorate the sad plight of tenant-farmers • Such grant is not transferable
except by
hereditary succession
GENERAL RULE:
- Land registration proceedings and all petitions after original registration of titles are filed with the RTC’s of the province or city where the land or a portion or it lies.
SM Prime Holdings vs. Angela
Madayag (2009, Nachura):
Presidential Decree (P.D.) No. 1529 eliminated the distinction between the general jurisdiction vested in the RTC and the latter’s limited jurisdiction when acting merely as a land registration court. Land registration courts, as such, can now hear and decide even controversial and contentious cases, as well as those involving substantial issues. It may, therefore, hear and determine all questions that arise from a petition for registration.
EXCEPTIONS:
When the case involves:
1. Lots without controversy or opposition
2. Contested lots where the value does not exceed P100,000.00, in which case, the MTC has jurisdiction.
LAWS IMPLEMENTING LAND REGISTRATION
1. Property Registration Decree (P.D. 1529, as amended)
2. Cadastral Act (Act 2259, as amended)
3. Public Land Act (Commonwealth Act 141, as amended)
4. Emancipation Decree (P.D. 27, as amended)
University of the Cordilleras
CIVIL LAW
5. Comprehensive Agrarian Reform Law of 1988 (R.A. 6657, as amended)
RA NO. 8371 (IPRA)
The Indigenous Peoples Rights Act (IPRA) recognizes the rights of ownership and possession of indigenous cultural communities to their ancestral domains and lands on the basis of native title, and defines the extent of these lands and domains. It expressly converts ancestral lands into public agricultural lands, and individual members of the cultural communities shall have the option to secure title to their ancestral lands under the CA 141 or PD 1529.
NOTE: The IPRA still refers to the Land
Registration Act and not the Property Registration Decree, which bolsters the argument that the former was not repealed by the latter.
I. Original Certificate of Title or OCT
It is the first certificate of title issued in the name of a registered
owner by the Register of Deeds
covering a parcel of land which had been registered under the Torrens System, by virtue of judicial or administrative proceedings.
II. Transfer Certificate of Title
The subsequent certificate of title
pursuant to any deed of transfer or conveyance to another person. The Register of Deeds
shall make a new certificate of
title and given him an owner’s
duplicate certificate. The previous certificate (need not be an OCT) shall be stamped “cancelled”.
ADMINISTRATION OF THE TORRENS SYSTEM
1. LAND REGISTRATION AUTHORITY (LRA)
Agency charged with the efficient execution of the laws relative to the registration of lands, under the executive supervision of the DOJ
Consists of an Administrator assisted by 2 Deputy Administrators
FUNCTIONS OF THE LRA: [SAC]
1. Extend speedy and effective assistance to the Dept. of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government
2. Extend assistance to courts in ordinary and cadastral land registration proceedings
3. Be the central repository of records relative to original registration of lands titled under the Torrens system, including the subdivision and consolidation plans of titled lands
2. REGISTER OF DEEDS (ROD)
Constitutes a public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated;
Headed by the Register of Deeds, assisted by a Deputy
FUNCTIONS OF THE ROD: [IPDI]
1. Immediately register an instrument presented for registration dealing with real or personal property which complies with the requisites for registration
2. Shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled
3. If the instrument is not registerable, he shall deny the registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefore, and advising him of his right to appeal by consulta in accordance with Sec.117 of PD 1529
4. Prepare and keep an index system which contains the names of all registered owners and lands registered
Baranda v. Gustilo, 165 SCRA 757 (1988)
The function of the ROD with reference to registration of deeds, encumbrances, instruments, and the like is ministerial in nature.
Ledesma v. Villasenor, 13 SCRA 494 (1965)
CIVIL LAW
It is enough that in the ROD’s opinion an instrument is registrable for him to register it. The act being an administrative act does not contemplate notice to and hearing of interested parties.
Almirol v. ROD of Agusan, G.R. No. L-22486, March 20, 1968
The determination of whether a document is valid or not is a function that belongs to a court of competent jurisdiction, and not to the ROD.
Balbin v. ROD, 28 SCRA 12 (1969)
Instances when the ROD may validly deny registration of a voluntary instrument:
1. Where there are more than 1
copy of the owner’s duplicate certificate of title and not all such copies are presented to the ROD;
2. Where the voluntary instrument bears on its face an infirmity;
3. Where the validity of the
instrument sought to be registered is in issue in a pending court suit;
a. Notice of pending suit must be given to parties; b. Registration may be
suspended.
Gallardo v. IAC, 155 SCRA 248 (1987)
The ROD may also refuse to register a private document since Section 112 of PD 152 provides that deeds of conveyances affecting lands should be verified and acknowledged before a notary public or other public officer authorized by law to take acknowledgement.
NOTE: When the ROD is in doubt as to
the proper action to take on an instrument or deed presented to him for registration, he should submit the question to the Administrator of the LRA
en consulta (Section 117, PD 1529)
NON-REGISTRABLE PROPERTIES Article 420 NCC 1. Those intended
for public use, such as roads, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; 2. Those which belong to the State, without being for public use, and are intended for some public service or
for the
development of the national wealth.
Arts. 5 & 6, Water Code (PD 1067 )
1. Rivers and their natural beds; 2. Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; 3. Natural lakes and lagoons; 4. All other categories of surface waters such as water flowing over lands, water from rainfall whether natural or artificial, and water from agriculture run-off, seepage and drainage; 5. Atmospheric water; 6. Subterranean or ground water; 7. Seawater; Found in private lands: 8. Continuous or intermittent waters rising on such
University of the Cordilleras
CIVIL LAW
lands; 9. Lakes and lagoons naturally waters rising on such lands;10. Rain water and falling on such lands; 11. Subterranean or ground waters; and 12. Waters in swamps and marshes Regalian Doctrine under the 1935, 1973, and 1987 Constitution Forest or timberland, public forest, forest reserves lands, mineral lands
Bureau of Forestry v. CA, 153 SCRA 351 (1987)
As provided for under Sec. 6 of CA 141, which was lifted from Act 2874, the classification or reclassification of public lands into alienable or disposable, mineral, or forest lands is now a prerogative of the Executive Department of the government and not the courts. With these rules, there should be no more room for doubt that it is not the court which determines the classification of lands of the public domain into agricultural, forest or mineral but the Executive Branch of the government through the Office of the President.
Republic v. Vera, 120 SCRA 210 (1983)
A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens System.
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA 361 (2002)
The State has an imprescriptible right to cause the reversion of a piece of property belonging to the public domain if title has been acquired through fraudulent means.
Republic v. Southside Homeowners Association Inc. (SHAI), G.R. No. 156951 & 173408, Sep. 22, 2006
FACTS:
Proclamation No 423 which established a military reservation known as Fort William McKinley, later renamed Fort Bonifacio Military Reservation, was issued by former President Carlos Garcia. Areas specified in the Proclamation were withdrawn from sales and settlements and were reserved for military purposes. Several presidential proclamations would later be issued excluding certain defined areas from the operation of Proclamation 423.
What is mainly sought to be declared as a nullity in this petition is the title over the parcels of land that are referred to as JUSMAG housing are in Fort Bonifacio being occupied by active and retired military officers and their families. SHAI, a non-stock corporation organized mostly by wives of AFP military officers, was able to secure title in its name over the bulk, if not the entire, JUSMAG area. The TCT was issued by the Rizal Registry on the basis of a notarized deed of sale purportedly executed by then Land Management Bureau Director Abelardo Palad Jr. The investigation conducted by the DOJ, however, reported land scams at the FBMR and also finding that the signature of Palad was forged.
In 1993, then Pres Ramos ordered the OSG to institute an action towards the cancellation of TCT.15084 in SHAI’s name as well as the title acquired by the Navy Officer’s Village Association (NOVA) over a bigger parcel of land within the reservation.
ISSUE:
Whether the land sold was alienable.
HELD:
NO. As regards the issue of inalienability, the Court upheld the contention of the Republic that the JUSMAG area is inalienable, the same having not effectively been separated from the military reservation and declared as alienable and disposable. Until a given parcel of land is released from its classification as part of the military reservation zone and
CIVIL LAW
reclassified by law or by presidential proclamation as disposable and alienable, its status as part of a military reservation remains, even if incidentally it is devoted for a purpose other than as a military camp or for defense. SHAI had not pointed to any proclamation or legislative act for that matter segregating the property from the reservation and classifying the same as alienable lands of public domain. Furthermore, the Constitution also forbids private corporations from acquiring any kind of alienable public land except through lease for a limited period. The whole conveyance process was also suspicious since the whole process was accomplished only in one day.
TYPES OF REGISTRATION:
1. Original Registration 2. Subsequent Registration
ORIGINAL REGISTRATION UNDER PD 1529 is a proceeding brought before
the RTC (as a land registration court) to determine title or ownership of land on the basis of an application for registration or answer by a claimant in a cadastral registration
KINDS OF JUDICIAL REGISTRATION:
1. Judicial/Voluntary/Ordinary – by filing with the proper court; application by the private individual himself
2. Administrative/Involuntary/Cadas
tral – compulsory registration
initiated by the government
PROCEDURE IN ORDINARY LAND REGISTRATION: (SFD-TP-SAHJ-DECT)
1. Survey of land by the Bureau of Lands or a duly licensed private surveyor
a. Survey plan must be duly approved by the Director of Lands.
2. Filing of application for registration by the applicant
a. With all muniments of titles and copies thereof with survey plan approved by Bureau of Lands
• MUNIMENTS OF
TITLE are instruments
or written evidence which applicant holds or possesses to enable him to substantiate and prove title to his estate b. Always filed at the RTC of
the place where land is situated
c. Indorsed to the MTC if there is no controversy over the land or if its value is less than P100,000.00
d. In cases of delegated jurisdiction to the MTC, appeal is directed to the CA e. If land is situated between
boundaries of 2 provinces, application must be filed: • When boundaries are not
defined: in the RTC of the place where it is declared for taxation purposes; • When boundaries are
defined: Separate plan for each portion must be made by a surveyor and a separate application for each lot must be filed with the appropriate RTC 3. Setting of the date of initial hearing
of application by the RTC
a. Within 5 days, set hearing 45-90 days from date of order
4. Transmittal of the application and the date of the initial hearing, with all the documents or other evidences attached thereto, by the Clerk of Court to the LRA
5. Publication of notice of the filing of the application and the date and place of the hearing in the Official Gazette
• The three notices required
are mandatory.
a. Publication of notice of initial hearing
i. Once in the Official Gazette (this confers jurisdiction upon the court)
ii. Once in a newspaper of general circulation
University of the Cordilleras
CIVIL LAW
Purpose of publication:
To confer jurisdiction over the land applied for upon the court; To charge the whole
world with knowledge of the application of the land involved, and invite them to take part in the case and assert and prove their rights over the subject land
b. Mailing
Within 7 days after publication of said notice in the OG, mailing of notice to:
i. Persons named in the notice
ii. Sec. of Public Highways, Provincial Governor, and Mayor, if the applicant requests to have the line of a public way or road determined iii. Sec. of Agrarian
Reform, Solicitor General, Director of Lands, Director of Fisheries, and Director of Mines, if the land borders on a river, navigable stream, or shore, or on an arm of the sea where a river or harbor lies
iv. Other persons as the court may deem proper
c. Posting
Posting in conspicuous place on subject land and on bulletin board of municipal building at least 14 days before initial hearing
6. Service of notice by the sheriff upon contiguous owners, occupants and those known to have interests in the property
7. Filing of answer to the application by any person whether named in the notice or not
8. Hearing by the court
9. Promulgation of judgment by the Court
10. Issuance of the decree declaring the decision final and instructing the LRA to issue a decree of confirmation and registration
DECREE – issued by LRA
after finality of judgment; contains technical description of land. i. Decrees dismissing application ii. Decrees of confirmation and registration
iii. Subject only to appeal 11. Entry of the decree of registration
in the LRA
12. Sending a copy of the decree of registration to the corresponding ROD
13. Transcription of the decree of registration in the registration book and issuance of the owner’s duplicate original certificate of title to the applicant by the ROD upon payment of the prescribed fees
NOTE: Non-compliance with the requisites will make the Certificate of Title (CT) issued invalid and cancellable by the courts.
WHO MAY APPLY IN ORDINARY REGISTRATION PROCEEDINGS UNDER PD 1529: [OPAL]
1. Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive, notorious possession of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945 or earlier
2. Those who acquired ownership of private land by prescription under the provisions of existing laws
CIVIL LAW
3. Those that acquired ownership of private lands or abandoned river beds by right of accession or
accretion under the existing laws
4. Those who have acquired ownership of land in any manner provided for by law
NOTE: All these persons must be
natural-born Filipino citizens. However, by way of exception juridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1,000 hectares in area for a period of 25 years and renewable for not more than 25 years (Sec. 3,
Article XII, 1987 Constitution), and
except when the land has been previously acquired by prescription by a natural person and subsequently transferred to a juridical entity (in this case, a corporation may apply for judicial confirmation of title).
LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:
3. Private Land
a. At least 60% Filipino (Sec.
7, Article XII, 1987 Constitution)
b. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created
c. If engaged in agriculture, it is restricted to1,024 hectares.
4. Patrimonial Property of the State
(Sec. 3, Article XII, 1987 Constitution)
a. Lease (CANNOT own land of the public domain) for 25 years renewable
b. Limited to 1,000 hectares
c. Apply to both Filipinos & foreign corporation
PERSONS WHO CANNOT PROPERLY FILE AN APPLICATION FOR REGISTRATION OF LAND: [PMAP]
1. Public land sales applicant admits he is not the owner in his application
2. Mortgagee or his successor-in-interest to the mortgage when
mortgage is assigned (partum
commissaries)
3. Anticrethic creditor since he holds not in the concept of an owner
4. Person or entity whose claim of ownership to land had been
previously denied in a reivindicatory action and the right of ownership thereto of another is upheld by the courts
FORM OF THE APPLICATION, (Sec. 15, PD 1529)
In writing
Signed by the applicant or person duly authorized in his behalf
Sworn to before an officer authorized to administer oath for the province or city where the application was actually signed If there is more than 1 applicant,
they shall be signed and sworn to by and in behalf of each.
CONTENTS OF APPLICATION, (Sec. 15, PD 1529): [D-CAEM-ARF]
1. Description of the land applied for together with the buildings and improvements; the plan approved by Director of Lands and the technical descriptions must be attached
2. Citizenship and civil status of the applicant
If married, name of spouse, and
If the marriage has been legally dissolved,when and how the marriage relation was terminated 3. Assessed value of the land and
the buildings and other improvements based on the last assessment for taxation purposes 4. Mortgage or encumbrance
affecting the land or names of other persons who may have an interest therein, legal or equitable 5. Manner of acquisition of land 6. Full names and addresses of all
occupants of the land and those of the adjoining owners, if known, and if not known, the applicant
University of the Cordilleras
CIVIL LAW
shall state the extent of the search made to find them
7. If the application describes the land as bounded by a public or private way or road, it shall state whether or not the applicant claims any portion of the land within the limits of the way or road, and whether the applicant desires to have the line of way or road determined (Sec. 20, PD 1529) 8. The court may require facts to be
stated in the application in addition to those prescribed by the Decree not inconsistent therewith and may require the filing of additional papers
9. If the applicant is a non-resident of the Philippines, he shall file an instrument appointing an agent residing in the Phil's. and shall agree that service of any legal process shall be of the same legal effect as if made upon the applicant within the Philippines
(Sec. 16, PD 1529)
WHERE TO FILE APPLICATION
GENERAL RULE: RTC of the province or city where the land is situated.
- File together with application all original monuments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands
PD 1529 has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as land registration court. Aimed at avoiding multiplicity of suits, the change has simplified registration proceedings by conferring upon the RTCs the authority to act not only on original applications but also those filed after original registration, with power to hear and determine all questions arising upon such application or petitions.
If there are several parcels of land situated in different provinces/cities but belong to one owner, he must
file in RTC of each province/city where different parcels of land are located for registration purposes EXCEPTION: Delegated
jurisdiction of the MTC to hear and determine cadastral or land registration cases covering lots where:
− There is no controversy or opposition, or
− contested lots, the value of which does not exceed P100,000.00
AMENDMENTS IN ORDINARY REGISTRATION PROCEEDINGS
1. Striking out one or more of the parcels of land applied for or by a severance of the application
The Court may strike out at any time 2. Substantial change in boundaries, increase in area, inclusion of additional land New technical description and new publication and notice are necessary 3. Joinder, substitution or discontinuance of any of the parties
File motion with Court
4. Decrease in area File motion with court;
no need for new publication or notice
Under Section 23 of Act 496, the registration court may allow, or order an amendment of the application for registration when it appears to the court that the amendment is necessary and proper.
Under Section 24 of the same act, the court may at anytime order an application to be amended by striking out one or more parcels or by severance of the application. The amendment may be made in application or in the survey plan, or in both since the application and survey plan go together.
If the amendment consists in the inclusion in the application for registration an area or parcel of land not previously included in the
CIVIL LAW
application for registration of an area or parcel of land not previously included in the original application, as published, a new publication of the amended application must be made. The
purpose of the new publication is to give notice to all persons concerned regarding the amended application. Without a new publication, the registration court cannot acquire jurisdiction over the area or parcel of land that is added to the area covered by the original application, and the decision of the registration court would be a nullity insofar as the decision concerns the newly included land. The
reason is because without a new publication, the law is infringed with respect to the publicity that is required in registration proceedings, and third parties who have not had the opportunity to present their claim might be prejudiced in their rights because of failure of notice.
But if the amendment consists in the exclusion of a portion of the area covered by the original application and the original plan as previously published, a new publication is not necessary. In the latter case, the jurisdiction of the court is not affected by the failure of a new application.
DOCTRINE OF NON-COLLATERAL ATTACK OF DECREE OR TITLE
A decree of registration and registered title cannot be impugned, enlarged, altered, modified, or diminished either in collateral or direct proceeding after the lapse of the 1-year period prescribed by the law.
If transaction is BEFORE Issuance of Decree If transaction is AFTER Issuance of Decree • Record instrument in ROD in same manner as if no application was made • Present instrument to RTC, • Register directly with ROD for
purpose of
canceling such title and issuing a TCT
with a motion praying that the
same be considered in relation to the pending application REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor 3. Apply for the remedy desired 4. Signed and sworn to by him or by
some other duly authorized person
General Default Special Default
When no person
appears and
answers within time prescribed
When a party appears at initial hearing without having filed an answer and asks court for time to file answer but failed to do so within period allowed
JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER THE PUBLIC LAND ACT
In rem, judicial proceedings
The decree of registration issued is conclusive and final
Governed by court procedure and law of evidence
WHEN TO FILE
Extended up to December 31, 2020, as provided in Sec. 2 of RA 9176
Director of Lands v. Abairo, 90 SCRA 422 (1979)
FACTS:
Petitioner contended that CFI of Isabela should have dismissed the application for registration based on an imperfect or incomplete title because it has no jurisdiction over it inasmuch as it was filed on March 1, 1971, that is, after December 31, 1968, the expiry date for filing such kind of application under RA 2061. The latest extension of the period
University of the Cordilleras
CIVIL LAW
to December 31, 2020 within which to file said applications, as provided in Sec. 2, RA 9176, shall apply where the area applied for does not exceed 12 hectares.
ISSUE:
Whether or not the application is valid despite being filed after the period expired and before the extension was granted.
RULING:
YES. It is clear from the law itself that those who applied for judicial confirmation of their title at any time prior to the cut-off date of December 31, 1976 did so on time, even if such
application was filed during the intervening period from January 1, 1969 to June 18, 1971. Respect should be
given to the obvious intention of the lawmaker in extending the period for filing such applications time and again, to give full opportunity to those who are qualified under the law to own disposable lands of the public domain and thus reduce the number of landless among the citizenry.
LIMITATION TO AREA APPLIED FOR:
Maximum of 12 hectares (Sec. 3,
RA 6940)
WHO MAY BE APPLICANTS: [FFPL]
1. Filipino citizens who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of acquisition since June 12, 1945, or prior thereto, or ever since time immemorial (Oh Cho v. Dir. Of
Lands, 75 Phil 890 [1946])
2. Filipino citizens who by themselves or through their predecessors-in-interest have been, prior to the
effectivity of PD 1073 (January 25, 1977), in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of acquisition of ownership, for at
least 30 years, or at least since
January 24, 1947 (RA 1942, Dir.
Of Lands v. IAC and ACME, 146 SCRA 509 [1986]).
3. Private corporations or associations which had acquired lands, formerly part of the alienable and disposable lands of the public domain, from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
4. Natural born citizens of the Philippines who may have lost their Philippine citizenship, who have acquired disposable and alienable lands of the public domain from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Republic v. CA, 235 SCRA 567 [1994]).
NOTE: A private corporation may institute confirmation proceedings under Sec. 48 (b) of CA 141 if at the time of the institution of the registration proceedings; the land was already private land (Director of Lands v. IAC
and ACME, 146 SCRA 509 [1986]).
As long as the land is already considered as having become “private” through prescription, a corporation may institute confirmation proceedings. Having a PRIVATE character (no longer public), the land would no longer be barred by the Constitution to be owned by a corporation. Land has already become PRIVATE, ipso
jure, when previously acquired
by prescription by a natural person.
Natividad v. CA, 202 SCRA 439 (1991)
Determinative of this issue is the character of the parcels of land – whether they were still public or already private – when the registration proceedings were commenced. If they are already private lands, the constitutional prohibition against acquisitions by a private corporation would not apply.
CIVIL LAW
The land is alienable and disposable land of the public domain, and
His possession was for the length of time and in the manner and concept required by law
NOTE: Form, Contents, Notice, Mailing,
Posting Requirements are the same as those required in original registration under PD 1529
Director of Lands v. CA, 106 SCRA
426 (1981)
A judicial declaration that a parcel of land is public, does not preclude even the same applicant from subsequently seeking a judicial confirmation of his title to the same land, provided he thereafter complies with the provisions of Sec. 48 of CA 141, as amended and as long as said public land remains alienable and disposable.
PROOF OF PRIVATE OWNERSHIP: [STOP]
1. Spanish title (inadmissible and ineffective proof of ownership in land registration proceedings filed after Aug. 16, 1976)
2. Tax declarations and tax payments (not conclusive evidence of ownership, must be coupled with proof of actual possession for the period required by law)
3. Other kinds of proof (ex.
testimonial evidence and to prove accretion; deed of sale).
4. Presidential issuances and legislative acts (Constitutive of a fee simple title or absolute title in favor of the grantee, a law ceding full ownership to a government institution)
Santiago v. SBMA, GR. No. 156888, November 20, 2006.
FACTS:
Rodriguez is claiming to be the sole heir and administrator of the estate of Hermogenes Rodriguez who, in his lifetime, was the owner of parcels of land registered in his name under a Spanish title. Rodriguez leased the parcels of land to Santiago and Mateo for a period of 50 years. By virtue of the lease, Santiago is presently occupying
the land. SBMA, on the other hand, is claiming possessory, if not proprietary, rights over the parcels of land, by using them for its own commercial and other purposes.
ISSUE:
Whether or not Spanish Titles are still admissible as evidence of ownership of lands
RULING:
No. Although PD 892 reads: “Whereas, 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…,” petitioners cannot claim that they can still present the Spanish title as proof of ownership since they were in actual possession. Actual proof of possession only becomes necessary because Spanish titles are subject to prescription. The holder of a Spanish title may still lose his ownership of the real property to the occupant who actually possesses the same for the required prescriptive period. Because of this inherent weakness, the applicant for registration of his Spanish title under the Torrens system must also submit proof that he is in actual possession of the real property by virtue of prescription. Taking the law as a whole, it has clearly set a deadline for the filing of applications for registration of ALL Spanish titles under the Torrens system (i.e., 6 months from its affectivity or on 14 August 1976), after which, the Spanish titles may no longer be presented to prove ownership. Therefore, the fact that petitioners were in actual possession of the property when they filed the complaint with the RTC on April 29, 1996 does not exclude them from the application of PD 892, and their Spanish title remain inadmissible as evidence of their ownership of the property, whether in a land registration proceeding or in an action to remove a cloud on or to quiet title. However, this does not bar holders of Spanish titles from claiming ownership of real property on some other basis, such as those provided in PD 1529 or in the Public Land Act. For sure, Spanish titles can no longer be countenanced as indubitable evidence of land ownership.
University of the Cordilleras
CIVIL LAW
JUDGMENT is a decision of court
constituting its opinion after taking into consideration the evidence submitted.
It becomes final upon the lapse of 15 days counted from the receipt of notice of the judgment.
However, notwithstanding the lapse of the 15- day period from receipt of judgment by the parties, the court continues to retain control over the case until the expiration of 1 year after the entry of decree of registration by the
LRA (Republic v. Assosacion Benevola de Cebu, 178 SCRA 692 [1989]).
POST-JUDGMENT INCIDENTS
1. Writ of Possession: order to sheriff
to deliver the land to the successful party litigant; no prescription against: (1) the loser
and (2) anyone unlawfully and adversely occupying
When writ may not issue: When a party entered into property after issuance of final decree, is not an oppositor in registration proceeding, and is in possession of land for at least 10 years
2. Writ of Demolition: the complement
of writ of possession; to demolish improvements introduced by oppositor or his successor in interest
MEANS TO RECOVER POSSESSION:
1. Forcible entry 2. Unlawful detainer 3. Accion publiciana 4. Accion reivindicatoria
DECREE OF REGISTRATION:
The decree issued by the LRA pursuant to the order of the court. Binds the land, quiets title thereto,
subject only to such exceptions or liens as may be provided by law Conclusive upon all persons
including the government
CONTENTS OF THE DECREE: [DMD-DO]
1. Date, hour and minute of its entry 2. Whether the owner is married or
unmarried, and if married, the name of the spouse; provided that if the land is conjugal property, the decree shall be issued in the name of both spouses
3. If the owner is under disability, the nature of such disability, and if a minor, his age
4. Description of the land and shall set forth the estate of the owner, and also show their relative easements, liens, attachments, and other encumbrances
5. Other matters to be determined in pursuance of the law
PROCESS OF ISSUING THE OCT:
1. Within 15 days from finality of order of judgment directing registration of title – court orders the LRA to issue decree of registration and certificate of title 2. Clerk of court will send order of
court and copies of judgment
3. Writ of Demolition may be issued. The court has authority to order, as a consequence of the
4. Writ of possession issued by it, the demolition of improvements introduced by the defeated oppositor or his successor-in-interest
5. Administrator will issue a decree of registration and original and duplicate of OCT that is signed by the Administrator, entered and file decree of registration in LRA 6. Send to ROD the original and
duplicate of title and certificate for entry in his registration book 7. Enter in record book, dated,
signed, numbered and sealed to take effect upon date of entry 8. ROD to send notice to registered
owner ready for delivery after payment of fees
9. ROD shall send duplicate and note on each certificate of title to whom it is issued
10. Original copy to be filed in ROD 11. Bound in consecutive order
ATTRIBUTES AND LIMITATIONS ON CERTIFICATES OF TITLE AND REGISTERED LANDS:
CIVIL LAW
1. Free from liens and encumbrances
a. Claims and liens of whatever character
• Existing against the land prior to the issuance of the certificate of title is cut-off by such certificate and the certificate so issued binds the whole world, including the government.
b. EXCEPTIONS: [CNT-PD] i. Those noted on the
certificate
ii. Liens, claims, or rights arising or existing under the laws and the Constitution which are not by law required to appear on record in the Register of Deeds in order to be valid; iii. Unpaid real estate taxes
levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser for value
iv. Any public highway, or private way established or recognized by law, or any government irrigation, canal or lateral thereof, if the certificate of title does not state the boundaries of such highway or irrigation canal or lateral thereof have been determined v. v. Any disposition of the
property or limitation on the issue thereof pursuant to PD 27 or any other law or regulations on agrarian reform
2. Incontrovertible and indefeasible
a. GENERAL RULE: Upon expiration of 1 year from and after the entry of the decree of registration in the LRA, the decree and the corresponding certificate of title becomes incontrovertible and indefeasible
b. EXCEPTIONS: [PNF]
i. If previous valid title of the same land exists ii. When land covered is not
capable of registration iii. When acquisition of
certificate is attended by fraud
Arguelles v. Timbancaya, 72 SCRA 193 (1976)
• The rule on the incontrovertible nature of a certificate of title applies when what is involved is the validity of the OCT, not when it concerns that of the TCT.
3. Registered land not subject to
prescription
a. Even adverse, notorious and continuous possession claim of ownership for the period fixed by law is ineffective against a Torrens title (JM Tuason and
Co. Inc. v. CA, 93 SCRA 146 [1979]).
b. The fact that the title to the land was lost does not mean that the land ceased to be registered land before the reconstitution of its title. It cannot perforce be acquired by prescription (Ruiz v. CA, 79
SCRA 525 [1977]
c. c. Laches may be invoked to bar reconveyance of land to the registered owner only if there are intervening rights of third persons which may be affected or prejudiced if such land is returned to the registered owner (De Lucas v. Gamponia,
100 Phil 277 [1956]).
Feliciano v. Spouses Zaldivar, GR No. 162593, Sept. 26, 2006
FACTS:
Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. T-17993 and reconveyance of the property covered therein. The said title is
University of the Cordilleras
CIVIL LAW
registered in the name of Aurelio Zaldivar.
Remigia alleged that she was the registered owner of a lot, part of which is that covered by both the above TCT and TCT No. 8502. It was originally leased to Pio Dalman, Aurelio’s father-in-law. She attempted to mortgage the lot to Ignacio Gil, but the mortgage did not push through. She vehemently denies ever executing a joint affidavit confirming the sale to Gil and insists that TCT No. 8502 was never lost.
The Zaldivars, on the other hand, claimed that Aurelio bought the property from Dalman who, in turn, bought the same from Gil in 1951. Gil allegedly purchased the property from Remegia, the sale of which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before a notary public in 1965. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. T-8502 because when they asked Remegia about it, she claimed it had been lost. A petition for partial cancellation of the said TCT was granted and TCT No. 17993 was issued in Aurelio’s name. They also allege that they and their predecessors- in-interest have been occupying the said property since 1947, openly, publicly, adversely, and continuously or for 41 years already.
ISSUE:
Who is the real owner of the subject lot?
RULING:
Remegia is the real owner. With respect to the claim of acquisitive prescription, it is baseless when the land involved is a registered land since no title to registered land in derogation of that of the registered owner shall be acquired by adverse possession. Consequently, proof of possession by the Zaldivars is both immaterial and inconsequential. Neither can the spouses rely on the principle of indefeasibility of TCT No. 17993 by virtue of the fact that TCT No. 8502 in the name of Remegia has remained valid. Remegia’s title, thus, prevails over Aurelio’s, especially considering that the latter was correctly nullified by the RTC as it emanated from
the new owner’s duplicate TCT No. 8502, which, in turn, was procured by Aurelio through fraudulent means.
Laches has not set in against Remegia as she merely tolerated the occupation by the Zaldivars of the subject lot. Therefore, Remegia’s right to recover possession was never barred by laches.
4. Certificate of title not subject to collateral attack
a. Sec. 48 of PD 1529 provide that “a certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or cancelled except in a direct proceeding in accordance with the law.”
5. Torrens Certificate presumed valid and devoid of flaws
a. GENERAL RULE: Torrens Certificate of Title is presumed to have been regularly issued, valid, and without defects. The buyer has the right to rely upon the face of the Torrens title and dispense with the trouble of inquiring further.
b. EXCEPTION: When he has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry.
Erasusta, Jr. v. CA, GR No. 149231, July 17, 2006
FACTS:
Lucena de los Reyes (petitioner’s mother) sold 2 lots to Fortunato Amorin. Amorin took possession of such properties. Later, however, Pacific Bank demanded that the Amorins vacate the properties,
From any rights incident to the relation claiming that such property had been foreclosed by such Bank. As it turned out De Los Reyes was of husband and wife, landlord tenant and deceived by a certain Benjamin Valenzuela, to whom she entrusted the documents evidencing her rights over the lots, the latter fraudulently transferred the rights over
CIVIL LAW
the lots to his name. Valenzuela mortgaged such properties to Pacific Bank. Respondent Bank foreclosed and bought the properties. The Amorins filed an action for Recovery of Ownership with Damages. CA declared
respondent Bank an innocent purchaser for value entitled to the protection of the law with a better right over the lots than the Amorins.
ISSUE:
Whether or not the Bank is an innocent purchaser for value whose title must be upheld.
RULING:
No. While it is a familiar doctrine that a forged or fraudulent document may become the root of a valid title, if the property has already been transferred from the name of the owner to that of the forger, the same is not true. This doctrine serves to emphasize that a person who deals with registered property in good faith will acquire good title from a forger and be absolutely protected by a Torrens title.
It cannot be overemphasized that respondent Bank, being in the business of extending loans secured by real estate mortgage, is familiar with rules on land registration. As such, it was, as here, expected to exercise more care and prudence than private individuals in their dealing with registered lands. Accordingly, given inter alia the suspicion- provoking presence of occupants other than the owner on the land to be mortgaged, it behooved respondent Bank to conduct a more exhaustive investigation on the history of the mortgagor’s title. That respondent Bank accepted in mortgage the property in question notwithstanding the existence of structures on the property and which were in actual, visible and public possession of a person other than the mortgagor constitutes gross negligence amounting to bad faith. In the absence of such inquiry, the respondent Bank cannot and should
not be regarded as a
mortgagee/purchaser in good faith.
6. General incidents of registered land • Registered land or the owners
thereof are not relieved from the following:
a. From any rights incident to the relation of husband and wife, landlord and tenant b. From liability to attachment or
levy on execution
c. From liability to any lien of any description established by law on the land and buildings thereon, or in the interest of the owner in such land or buildings d. From any right or liability that
may arise due to change of the law on descent
e. From the rights of partition between co- owners
f. From the right of the government to take the land by eminent domain
g. From liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences
h. From any other rights or liabilities created by law and applicable to unregistered land
7. Where certificate of title is obtained by a trustee
a. Trustee who obtains a Torrens title in his name, over property held in trust by him for another cannot repudiate the trust relying on the registrations, such being one of the limitations upon the finality of title
b. Trustee could not perforce legally convey ownership of the registered property in her will for she is not the absolute owner thereof
SUBSEQUENT REGISTRATION
• Where incidental matters after original registration may be brought before the land registration court by way of motion or petition
University of the Cordilleras
CIVIL LAW
filed by the registered owner or a party in interest.
• Rules as to the necessity and effects of registration in general 1. Except a will that purports to
convey or affect a registered land, the mere execution of the deeds of sale, mortgage, or lease or other voluntary documents serve only 2 purposes:
a. as a contract between the parties thereto, and
b. as evidence of authority to the ROD to register such documents
2. It is only the act of registering the instrument in the ROD of the province or city where the land lies which is the operative act that conveys ownership or affects the land insofar as third persons are concerned.
3. The act of registration creates a constructive notice to the whole world of such voluntary or involuntary instrument or court writ or process. VOLUNTARY DEALINGS INVOLUNTARY DEALINGS Refer to deeds, instruments, or documents which are results of the free and voluntary acts of the parties thereto
Refer to such writ or order or process issued by a court of record affecting registered land which by law should be registered to be effective, and also
to such
instruments which are not the willful acts of the registered owner and which may
have been executed even without his knowledge or against his consent • Sale • Real property mortgage • Lease • Pacto de retro sale • Extra-judicial settlement • Free patent/homestead • Powers of attorney • Trusts • Attachment • Injunction • Mandamus • Sale on execution of judgment or sales for taxes • Adverse claims • Notice of lis pendens An innocent
purchaser for value of registered land
becomes the
registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owner’s duplicate certificate of title covering the land sold and pays the registration fees
Entry thereof in the day
book of the ROD is sufficient notice to all persons even if the owner’s duplicate certificate of title is not presented to the ROD Need to present title to record the deed in registry &
to make memorandum on title No presentation required; annotation in entry book is sufficient VOLUNTARY DEALINGS
Operative Act: registration by owner, if deed is not registered, it is binding only between parties
• GENERAL RULE: Where there is nothing on the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further than what the
CIVIL LAW
Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may defeat his right thereto (Fule v. Legare, 7
SCRA 351 [1963]).
• •Every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefore and the law will in no way oblige him to go behind the certificate to determine the condition of the property. Even if a decree in a registration proceeding is infected with nullity, still, an innocent purchaser for value relying on a Torrens title issued in pursuance thereof is protected (Cruz v. CA & Suzara,
281 SCRA 491 [1997]).
• •Although generally a forged or fraudulent deed is a nullity and conveys no title, however, there are instances where such a fraudulent document may become the root of a valid title. One such instance is where the certificate of title was already transferred from the name of the true owner to the forger, and while it remained that way, the land was subsequently sold to an innocent purchaser
(Fule v. Legare, 7 SCRA 351 [1963]).
• EXCEPTIONS: [BOB-IM-LK] 1. Where the purchaser or
mortgagee is a bank/financing institution, the general rule that a purchaser or mortgagee of the land is not required to look further than what appears on the face of the title does not apply
(Dela Merced v. GSIS, 365 SCRA 1 [2001]).
2. The ruling in Fule v. Legare
cannot be applied where the
owner still holds a valid and existing certificate of title covering the same property because the law protects the lawful holder of a registered title over the transfer of a vendor bereft of any transmissible right
(Tomasv. Tomas, 98 SCRA 280 [1980]).
3. Purchaser in bad faith (Egeo v.
CA, 174 SCRA 484 [1989])
4. Sufficiently strong indications to impel closer inquiry into the location, boundaries, and condition of the lot (Francisco v.
CA, 153 SCRA 330 [1987]).
5. Where a person buys land not from the registered owner but from one whose rights to the land has been merely annotated on the certificate of title
(Quiniano v. CA, 39 SCRA 221 [1971]).
6. Purchases land with a certificate of title containing a notice of lis
pendens;
7. Purchaser had full knowledge of flaws and defects in the title
(Bernales v. IAC, 166 SCRA 519, [1988]).
PROCESS OF REGISTRATION: (GENERALLY)
1. File the instrument creating or transferring the interest and the certificate of title with ROD, including:
a. Owner’s duplicate
b. Payment of fees and documentary stamp tax c. Evidence of full payment of
real estate tax
d. Document of transfer additional copy for city/provincial assessor 2. ROD shall make a
memorandum on the certificate of title, signed by him 3. Issuance of the TCT
REGISTRATION OF REAL PROPERTY MORTGAGE:
1. Execution of deed in a form sufficient in law (public instrument) 2. Registration with ROD where the
land lies
a. Present deed of mortgage together with
b. Owner’s Duplicate and affidavit of good faith
University of the Cordilleras
CIVIL LAW
c. Payment of fees
d. ROD shall enter upon original certificate of title and upon duplicate a memorandum (date, time of filing, signature, and file number assigned to deed)
e. ROD to note on the deed the date and time of filing, and reference to volume and page of the registration book in which it was registered
3. No duplicate need be issued
REGISTRATION OF CHATTEL MORTGAGE:
1. Execution of document
2. Present the document together with affidavit of good faith
3. Payment of fees
4. ROD enters in Day Book in strict order of their presentation chattel mortgages and other instruments relating thereto (primary process) 5. ROD thereafter enters in a more
detailed form the essential contents of the instrument in the Chattel Mortgage Register (complementary process)
EFFECT OF REGISTRATION:
1. Creates a lien that attaches to the property in favor of the mortgagee
2. Constructive notice of his interest in the property to the whole world
EFFECT OF FAILURE TO REGISTER:
• Valid between parties but void against 3rd persons
• If instead of registration, it is delivered, it shall be a Pledge and not a chattel mortgage (if no chattel mortgage deed executed) • Actual knowledge is same effect
as registration
AFFIDAVIT OF GOOD FAITH:
• Statement that:
1. Mortgage is made to secure obligation specified
2. That it is a valid and just obligation
3. That it is not entered into for purposes of fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
• Vitiates mortgage as against creditors and subsequent encumbrancers
• Mortgage is not valid as between parties
• No need to be in public document
REGISTRATION OF LEASE:
• It is the lessee, not the lessor, who is required to initiate the registration.
1. File with ROD the instrument creating lease together with owner’s duplicate of certificate of Title
2. ROD to register by way of
memorandum upon
certificate of title
3. No new certificate shall be issued
NOTE: When there is prohibition in
mortgaged property as regards subsequent conveyances, etc., leasehold cannot be registered in the title thereof.
EFFECT OF REGISTRATION:
1. Creates a real right but without prejudice to rights of 3rd persons 2. If it is not registered, it is valid as
between parties but not to 3rd persons without notice
MAY ALIENS REGISTER LEASE? YES
1. May be granted temporary rights for residential purposes
2. Limit: 25 years, renewable for another 25 years
WHO ELSE MAY REGISTER? Builder
in Good Faith
REGISTRATION OF TRUST
1. Implied Trust: present a sworn statement claiming interest by reason of an implied trust with description of land and
