1. Eddie cannot claim protection as an innocent purchaser for value nor can he interpose the defense of indefeasibility of his title, because his TCT is rooted on a void title. Under Sec. 91, CA No. 141, as amended, otherwise known as the Public Land Act, statements of material facts in the applications for public land must be under oath. Sec. 91 of the same act provides that such statements shall be considered as essential conditions and parts of the concession, title, or permit issued, any false statement therein, or omission of facts shall ipso facto produce the cancellation of the concession. The patent issued to Nestor in this case is void ab initio not only because it was obtained by fraud but also because it covers 30 hectares which is far beyond the maximum of 24 hectares provided by the free patent law.
Where the title is in the name of the vendor when the land is sold, the vendee for value has the right to rely on what appears on the title.
Where innocent third persons relying on the correctness of the certificate of title issued, acquired rights over the property, the court cannot disregard such rights and order the total cancellation of the certificate for that would impair public confidence in the certificate of title, otherwise everyone dealing with property registered under the Torrens System would have to inquire in every instance as to whether the title had been regularly or irregularly issued by the court.
it is conclusive against the whole world, including the government, and to a holder thereof in good faith it is guaranteed to be indefeasible, unassailable, and imprescriptible. Probative Value: Torrens Title may be received in evidence in all courts of the Philippines, and shall be conclusive as to all matters contained therein, principally the identity of the owner of the covered land thereby, except so far as provided in the Land Registration Act. Administration of the Torrens System
transfers thereof is notice to all the world. That being the rule, could Teus even regarded as the holder in good fifth of that part of the land included in his certificate of the appellants? We think not. Suppose, for example, that Teus had never had his lot registered under the torrens system. Suppose he had sold his lot to the appellee and had included in his deed of transfer the very strip of land now in question. Could his vendee be regarded as an "innocent purchaser" of said strip? Would his vendee be an "innocent purchaser" of said strip? Certainly not. The record of the original certificate of the appellants precludes the possibility. Has the appellee gained any right by reason of the registration of the strip of land in the name of his vendor? Applying the rule of notice resulting from the record of the title of the appellants, the question must be answered in the negative. We are of the opinion that these rules are more in harmony with the purpose of Act No. 496 than the rule contended for by the appellee. We believe that the purchaser from the owner of the later certificate, and his successors, should be required to resort to his vendor for damages, in case of a mistake like the present, rather than to molest the holder of the first certificate who has been guilty of no negligence. The holder of the first original certificate and his successors should be permitted to rest secure in their title, against one who had acquired rights in conflict therewith and who had full and complete knowledge of their rights. The purchaser of land included in the second original certificate, by reason of the facts contained in the public record and the knowledge with which he is charged and by reason of his negligence, should suffer the loss, if any, resulting from such purchase, rather than he who has obtained the first certificate and who was innocent of any act of negligence.
OSEFINA -. NOBLE8A -S. SHIRLE5 B. N3EGA G.R. NO. /01@ +ARCH //@ 1/
FACTS4 n -<<, !en S!irle# and Rogelio ere still engaged, S!irle# )respondent, t!en or@ing as a do"estic !elper in srael, sent "one# to Rogelio, upon !is re%uest, for t!e purc!ase of a residential lot in Mari@ina !ic! t!e# ill use as t!eir residence !en t!e# e&entuall# "arr# eac! ot!er. n Septe"ber -;, -<, Rogelio purc!ased t!e !ouse and lot. =pon !er arri&al in -<, S!irle# settled t!e balance of t!e e%uit# t!roug! SSS financing and paid t!e succeeding "ont!l# a"ortisation. n ctober ;-, -<, TCT $o. -?-/; as issued b# t!e Registr# of Deeds in Rogelio's na"e. T!e# ere "arried in -0 and li&ed on t!e sa"e propert#. S!irle# t!en returned to srael for or@K t!ereat, s!e recei&ed infor"ation t!at Rogelio broug!t !o"e anot!er o"an in t!e conjugal !ouse, and s!e also learned t!at Rogelio introduced t!e o"an as !er ife. S!e t!en filed to cases against Rogelio, one for Concubinage, and one for Legal Separation and Li%uidation of Propert#K t!e latter s!e it!dre but later reHfiled on Januar# , -;. n beteen, s!e learned of Rogelio's intention to sell t!e propert#. S!e t!us ad&ised t!e interested bu#ers, including Josep!ine $obleEa of t!e pendenc# of t!e cases s!e filed against Rogelio. Still, Rogelio sold t!e propert# to Josep!ine $obleEa )petitioner* t!ru a Deed of Absolute Sale on Dece"ber , -, it!out S!irle#'s consent in t!e deed. n a Decision rendered on Ma# -/, ->, t!e RTC of Pasig Cit# rendered a decision granting t!e petition for legal separation and t!e dissolution of t!e co""unit# propert# of S!irle# and Rogelio. n August ?, -/, S!irle# filed a Co"plaint for Rescission of Sale and R2con&e#ance against Josep!ine before t!e RTC to recon&e# t!e propert# t!e latter boug!t fro" Rogelio. After trial, t!e RTC rendered judg"ent in fa&our of S!irle#, rescinding t!e Deed of Absolute Sale dated Dece"ber , - beteen Rogelio and Josep!ine, and for Josep!ine to recon&e# t!e propert# to S!irle#. Josep!ine appealed to t!e Court of Appeals, but t!e latter affir"ed it! "odification t!e RTC judg"ent. (ence, Josep!ine soug!t recourse it! t!e Supre"e Court &ia petition for re&ie on certiorari.
1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
• Duty of the officer serving notice to file copy of notice to Register of Deeds where the property of debtor lies
• Assignee elected or appointed by court shall be entitled to entry of new certificate of registered land upon presentment of copy of assignment with bankrupt’s certificate of title (duplicate)
The "#nal decree& are al*ay& rearded a& #nde"ea&#'le and culd nt 'e re!ened ece!t under the c#rcu%&tance& and #n the %anner %ent#ned #n Sect#n 7 " the Act, t *#t
I" the curt a"ter hear#n "#nd& that the a!!l#cant ha& t#tle a& &tated #n h#& a!!l#cat#n, and !r!er "r re#&trat#n, a decree " cn"#r%at#n and re#&trat#n &hall 'e entered+ E$ery decree " re#&trat#n &hall '#nd the land, and 1u#et t#tle theret, &u'/ect nly t the ece!t#n& &tated #n the "ll*#n &ect#n+ It &hall 'e cnclu&#$e u!n and aa#n&t all !er&n&, #nclud#n the In&ular G$ern%ent and all the 'ranche& there", *hether %ent#ned 'y na%e #n the a!!l#cat#n, nt#ce, r c#tat#n, r #ncluded #n the eneral de&cr#!t#n JT all *h% #t %ay cncern+3 Such decree &hall nt 'e !ened 'y rea&n " the a'&ence, #n"ancy, r ther d#&a'#l#ty " any !er&n a""ected there'y, nr 'y any !rceed#n #n any curt "r re$er&#n /ud%ent& r decree& &u'/ect, h*e$er, t the r#ht " any !er&n de!r#$ed " land r " any e&tate r #ntere&t there#n 'y decree " re#&trat#n 'ta#ned 'y "raud t "#le #n the Curt " Land Re#&trat#n a !et#t#n "r re$#e* *#th#n ne year a"ter entry " the decree, !r$#ded n #nncent !urcha&er "r $alue ha& ac1u#red an #ntere&t+ -
a. Sell, mortgage, lease, donate, convey, etc.
b. Through the execution of Deeds/Contracts (comply with Sec 112 & 55, PD 1529 to be registrable). Such deeds and contracts are only proofs of authority to RD to effect registration. It is the act of registration which is the operative act to convey or affect the land as to 3 rd persons.
REGISTRATION OF PATENTS
Section 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It shall be the DUTY OF THE OFFICIAL ISSUING THE INSTRUMENT OF ALIENATION, GRANT, PATENT OR CONVEYANCE IN BEHALF OF THE GOVERNMENT TO CAUSE SUCH INSTRUMENT TO BE FILED WITH THE REGISTER OF DEEDS OF THE PROVINCE OR CITY WHERE THE LAND LIES, and to be there registered like other deeds and conveyance, whereupon a certificate of title shall be entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land, and in all cases under this Decree, registration shall be made in the office of the Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree.
i. DBP v. ACTING REGISTER OF DEEDS OF NUEVA ECIJA
Survey of all previous decisions regarding when effect of registration obtains
Spouses X, being the owner of land covered by TCT No. 1, mortgaged the land to DBP. DBP gets certificate of sale over the land after foreclosure. To prove they were the highest bidder, the auction sheriff executed a certificate of sale, which is subject to a one year period of redemption. The period of registration begins to run after the issuance of the certificate of sale. The certificate of sale does not yet deal with full ownership.
DBP VS BAUTISTA FACTS:
Lourdes Gaspar Bautista applied to the Government for the sale favor of a parcel of land. After proper investigation, Sales Patent covering said property was issued in her favor by the Director of Lands, and was registered in the office of the Register of Deeds of Nueva Ecija, as a result of which Original Certificate of Title was issued in her favor. Said parcel of land was offered as security when Bautista applied for a loan with the Rehabilitation Finance Corporation (RFC), predecessor in interest of the plaintiff-appellee Development Bank of the Philippines (DBP). On the basis of the documents mentioned and the appraisal of the property by its appraiser, the RFC approved a loan of P4,000.00 in favor of Bautista and a mortgage contract was executed. Bautista failed to pay the amortization on the loan so that the RFC took steps to foreclose the mortgage extra-judicially. In the auction sale, RFC acquired the property being the highest bidder and upon failure on the part of Bautista to redeem, consolidated ownership thereon. On or about this time, however, an action (Civil Case No. 870) was filed by Rufino Ramos and Juan Ramos in the Court of First Instance of Nueva Ecija against the Government of the Republic of the Philippines and the RFC (as successor in interest of Bautista) claiming ownership of the land in question. A decision was titled declaring the certificates of title issued to Bautista, Republic and RFC as null and void.
Consequently, where a land was granted by the Government to a private individual as a homesteader under the provisions of Act No. 962, and the corresponding pat ent was registered and the certificate of title issued to the grantee, said land is considered registered within the meaning of the Land Registration Act. The t itle to the land thus granted and registered may no longer be the subject of any inquiry, decision, or judgment in a cadastral proceeding. Further, a homestead patent when registered in the corresponding register of deeds is a veritable tor rens title and thus, becomes as indefeasible as a Torrens Title. For while it is true that neither the Public Land Act nor the Land Registration Act provides fo r the period within which the certificate of title to a public land grant may be questioned, this does not essentially sustains the appellant s contention that su ch action may be brought within ten years for the reason that a certificate of t itle issued pursuant to a homestead patent partakes the nature of a certificate issued as a consequence of a judicial proceeding, hence, as long as the land dis posed of is really part of the disposable land of the public domain, the same be comes indefeasible and incontrovertible upon the expiration of one year from the date of the issuance thereof.
Golden State dished out 30-plus assists a league-leading and franchise-record 28 times in 2014-15 after recording eight such games last season (the Spurs led the NBA last season with 16 such games last year)... By comparison, Golden State’s opponents registered at least 30 assists only one time all season... The Warriors, who went 25-3 on the season in games with at least 30 helpers, set a franchise record for assists this season... The Warriors also led the NBA in secondary assists per game (7.9), with a league-best 65.1 points created by assists each game.
Pienaar v Minister van Landbou 1972 1 SA 14 (A) 20 where value was determined with reference to the land itself, and the court ruled that personal circumstances of the owner should not have an influence, since it will be valued differently in the hands of different owners. This point was qualified when it was mentioned, but not decided, in Hirschman v Minister of Agriculture 1972 2 SA 887 (A). Where property has a special value because the owner can use it together with other property, it is a factor that will be considered with the calculation of compensation. In such a case the owner is regarded as a potential purchaser, even if it means that (s)he is both the hypothetical willing buyer and the willing seller ( qua owner). It remains, however, the intrinsic value of the property that is valuated. However, courts would rather award extra compensation under actual financial loss. See Georgiou Determination of Compensation 51.
2) If owner has been illegally deprived of it
Under Criminal Law – Antifencing Act. Jimenez vs. Patricia
- Lessees, much less sub-lessees are not possessors or builders in good faith over rented land because they know that their occupancy of the premises continues only during the life of the lease or sublease as the case may be. - They cannot as a matter of right recover the
There are substantial cross-country differences in the clarity and security of private titles to land and real estate. In addition, the substantial cross-country variation in credit market laws and regulations lead to large differences in the extent to which real estate can be used as collateral for borrowing. While these differences have motivated a substantial literature exploring their role in accounting for cross-country differences in aggregate economic outcomes, relatively little attention has been paid to their potential implications for the distribution of wealth within countries. This paper attempts to partially address this void, and asks whether and how the land administration system and credit market regulations for land and real estate matter for wealth distribution. This is a potentially interesting question for several reasons. First, land and real estate possess several characteristics which distinguish them from other goods. In particular, land and real estate are fixed in location and often are consumed (or used in production) in bulky bundles (Galal and Razzaz 2001). In practice, this means that real estate is often purchased using collateralized financing, or is used to secure lending for other purposes. This, combined with the fact that land and real estate comprise a significant share of a typical household’s portfolio suggests that changes in the ownership rights and/or the ability to use real estate as collateral could have a large impact upon household’s access to credit and the distribution of wealth.
Regarding the increase in the use of the term “care” in the titles of the theses in the
second phase, such fact can be explained by the multi-dimensionality and complexity of the concept. The nursing care can be considered a phenomenon already internalized by the authors, during a certain period its meaning was not promoted, evaluated or examined in the professional practice. However, one can identify nowadays, literature that analyzes phenomena underlying to care covering human groups (children, adolescents, adults, women, elderly, etc) described through the experiences acquired by nurses and clients. The term “care” has semantic dimensions, demanding innovation, evolution and/or methodological and technological revolutions in the professional practice. 6, 15 Thus, while widening the range of use of the term “care” one can see, in this phase, by means of the titles of the theses that this fact determined to some extent the higher frequency in which the term “care” was used rather than “assistance”.
Requisites: must prove the identity of the land claimed and claimant’s title thereto; the claimant must rely on the strength of his title and not on the weakness of the defendant’s title.
b. Accion Publiciana – plenary action for the recovery of the better right of possession (juridical possession). It is also called plenaria de posesion which is used to refer to an ejectment suit filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty. (Cruz vs. Torres, 316 SCRA 193)