Land Titles Finals Reviewer. Dean Cadiz.

By
Preliminaries: The LRA and the RD

3)

1.

4)

What is the most important function of the LRA (through the

Administrator?)

2.

What is the duty of the RD?

3.

Issue decree of registration pursuant to a final judgment (This

function is MINISTERIAL in nature because they merely act under
the orders of the court)
o
Cause the issuance by the RD of the corresponding certificate of
title
Resolve cases elevated en consulta or on appeal from the decision of the
RD

The RD is the public repository of records of instruments affecting

registered and unregistered land and chattel mortgages
The duty of the RD is ministerial in nature meaning, when an instrument
is presented for registration and it complies with ALL the requisites, he
must cause the registration of the instrument
o
HOWEVER, if the instrument is non registrable, he shall deny the
presentor

In any case, when the RD denies registration, the

aggrieved party may elevate an appeal en consulta

When may the RD deny registration? (Balbin v. Register of Deeds)

1)
2)
3)
4)

When there is more than one copy of the owners duplicate CT and not all
copies are presented
Where the voluntary instrument bears a patent infirmity on its face
Where the validity of the instrument sought to be registered is in issue in a
pending court suit (here, the remedy is to file a notice of lis pendens)
When the instrument is a private document (deeds of conveyance affecting
land should be notarized)

Original Registration: Registering the land for the FIRST TIME

4.

Who may apply in ordinary registration proceedings? (PD 1529 Sec 14)
1)

2)

Those 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 ownership since June 12, 1945 or earlier
Those who have acquired ownership of private lands by prescription
a. Heirs of Malabanan: To acquire lands under 14(2), it is NOT
enough that it is classified as alienable and disposable at the time
of application. It requires an express declaration that public
property is NO longer intended for private use.

5.

Those who have acquired ownership of private lands or abandoned river

beds by right of accession or accretion
Those who have acquired ownership of land in any other manner
provided for by law

What does this exactly mean?

When you file the petition for registration, you must fall under the enumeration
in #4. For example, when you register under Sec 14(a), you must prove that
you have been in OCENO of the land since June 12, 1945. How do you prove
this? By attaching the evidence in the application.
See Sec 15 for the form and contents of the application
Note: It must be remembered that what the applicant must overcome is the
presumption that the land sought to be registered is part of the public
domain.
1)

What must the applicant prove and how will he prove it?
i. That the land is alienable and disposable AT THE TIME of the
application for the registration of title (Republic v. CA)
1. This can be done by showing a positive act of the
government
(Pres.
Proclamation,
EO,
Law,
Certification of the CENRO/DENR)
ii. The identity of the land must be proven
1. Survey plan
2. Tracing cloth plan
3. Blue print copy (conflicting rules on whether the blue
print copy is enough, but to be safe, the blue print
copy only suffices if the tracing cloth plan is
attached)
4. Technical Description signed by the geodetic
engineer
iii. Proofs of Private Ownership (How the applicant traces his
title through his predecessors in interest)
1. Spanish Titles: Inadmissible as proof of ownership in
LR cases filed AFTER August 16, 1976
2. Tax Declarations (indication of possession only, and
they lose their value if the taxes are not regularly
paid OR if the land was acquired earlier but the land
was declared for taxes much later)
3. Deed of Sale
4. When legislature reserves land for specific purpose
or in favor of a juridical person/person
iv. What if the applicants ground is INITIALLY Sec 14(1)
but when it was denied, the applicant alternatively
used the ground of Sec 48 of CA 141?
1. Actually, this is a ground under CA 141 Sec 48
2. Possession must be adverse, continuous, open,
public, peaceful and in the concept of owner

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Land Titles Finals Reviewer. Dean Cadiz. By

3.

6.

More importantly, prescription is counted from

the
date
the
public
property
became
patrimonial property through a declaration and
an express manifestation of the government
showing that it is NOT for public use already
(Lim v. Republic)
a. In the above case, the applicant claimed
that his predecessors-in-interest were in
possession since 1967 so when he filed on
1998, he claimed that the public land
became private property so his ground was
for confirmation of an imperfect title.
However, the court ruled that he couldnt
acquire it through prescription without an
express government manifestation. It is
only when the government makes the
express
manifestation
that
the
prescriptive period begins to run.

Where should the applicant file the petition?

It should be filed in the RTC where the land is situated. However, if he has
two parcels located in different cities, he must register it in their respective
RDs.

7.

9.

Note that the proceedings in land registration proceedings are proceedings

in rem and therefore binding upon the world.
RTC will issue setting the date of initial hearing
The public will then be given notice of initial hearing by the LRA. The notice
and publication requirements will CONFER JURISDICTION upon the
courts and absent these, the land registration proceedings are VOID

When publication was made AFTER the hearing itself

Posting:
o
The sheriff of the province/city where the land is located will post
in a conspicuous place on each parcel of land included in the
application and on the bulletin board in the municipal building
Mailing:
o
To every person named in notice whose address is known
o
To adjoining owners (mandatory)
o
To actual occupants (mandatory)
o
To various government officials as the case may be
Note: After notice has been sent, thus charging the whole world with
knowledge, it is then that the people who want to oppose can defend or
put forward their claims as regards the land

Who can oppose the petition? (PD 1529 Sec 25)

Any person claiming an interest whether named or not, may file an opposition
ON OR BEFORE the initial hearing or WITHIN such further time as may
be allowed by court

What happens once the petition is filed? (PD 1529 Sec 23)

8.

These persons must have an INTEREST in the land which must be based on
a right of dominion
Or some other real right independent from the government (it must not be
subordinate to that of the government, however)
o
Example

A homesteader who has not yet been issued his title BUT
has fulfilled all the conditions required by law to entitle
him to a paten
Note: Even if everyone is declared in default, it is still incumbent upon the
applicant to substantiate his claim to that portion with evidence, otherwise,
that uncontested/unproven portion will be declared public land
1)

How will the public be given notice?

By PUBLICATION, POSTING and MAILING (all must be done to confer
jurisdiction on the court)

Publication:
o
Once in the OG
o
Once in a newspaper of general circulation in the Philippines
o
When defective?

Benin v. Tuason: If it was shown that parts of a

registered land were NOT included in the publication, the
registration as to THOSE parts are null and void

When Benin Doctrine NOT applicable: when

amendment of the original survey plan sent out
in the notice was made AFTER the decision of
the registration court. The case must be
reopened

2)

3)

What is the effect if the oppositors dont file on time? (PD 1529
Sec 26)
i. The court will order them to be in default (all allegations
deemed confessed)
What is the remedy of a person held in default? (REQUISITES)
i. He must file a motion to set aside an order of default
BEFORE judgment
ii. His failure to answer must be due to fraud, accident, mistake
excusable neglect
iii. He must have a meritorious defense
Is a motion to dismiss the application for registration or
application for opposition allowed?
i. Yes, because the rules of court can supplement PD 1529
ii. Example: An oppositor filing a motion to dismiss on the
ground of res judicata, meaning the court lacks jurisdiction
over the land applied for because it was already registered in
the name of another is VALID

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Land Titles Finals Reviewer. Dean Cadiz. By

10. What happens at the trial?
Its like an ordinary civil action. The applicant will produce his evidence subject
to cross-examination by the oppositor and then formally offer said evidence.
The oppositor would offer his evidence, subject to cross by the applicant.
Sec 22: During trial, the land may be dealt with, meaning, the applicant may
sell the land sought to be registered and the court will order registration in the
buyers name. However, the buyer must assert his right in court BUT he does
not have to replace the applicant.

The transfer certificate of title is issued by virtue of any subsequent

voluntary/involuntary dealing of the land
Note: Registration does not vest title and is not a mode of acquiring
ownership over property. It is MERELY evidence of such title over a
particular property.
1)

What are the general attributes of CTs? (THE PIECE OF PAPER)

i. Not subject to collateral attack: A collateral attack is made
when in another action to obtain a different relief, an attack
on the judgment is made as an incident to said action
1. Example: A filed an action against B for recovery of
possession of property in Manila. In his answer, B
alleged that the area he occupied within the titled
property because there were errors in the technical
description of As title. This is clearly a collateral
attack on As certificate (the piece of paper). This is
not allowed.
ii. HOWEVER, it is subject to a direct attack (Sec 48: a CT
cannot be altered, modified or cancelled except in a direct
proceeding in accordance with law)
1. Example: Counterclaim, third party complaint

2)

When does the CT become indefeasible?

i. Upon the expiration of 1 year from the date of entry of the
decree of registration, it becomes indefeasible and
incontrovertible
1. Exceptions:
a. When a previous valid title over the land
existed
b. When the land covered is not registrable
(forest land)
c. When it is established that fraud attended
the acquisition of the title: This means that
the TITLE and not the piece of paper, can
be COLATERALLY ATTACKED
ii. What are the advantages of a CT
1. Registered land is not subject to prescription
2. Right of the owner to recover possession of the land
covered by his title is imprescriptible (BUT, he may
be barred by laches)
3. Torrens CT presumed regularly issued, valid and
without defects
What are the attributes of a CT? (PD 1529 Sec 44): Every
registered owner receiving a CT in pursuance of registration, and every
subsequent purchaser of registered land taking a CT for value and in
good faith shall hold the same free from encumbrances EXCEPT those
noted in the CT and any of the following w/c may be subsisting
namely:
i. Liens, claims or rights arising or existing under the laws and
Constitution of the Philippines which are not by law required

11. What happens after the trial court disposes of the case?

Sec 27: The trial court will dispose of the case w/in 90 days from the date
of submission
Sec 29:
The court will determine the conflicting claims of the
applicant/oppositor and will render judgment confirming title
o
In this case, the court will either rule in favor of the applicant or of
the oppositor
Sec 30: 15 days from notice of judgment of parties, the decision becomes
final
o
HOWEVER the court retains control/jurisdiction of the case until
expiration of 1 year AFTER entry of decree of registration

Sec 34: For purposes of appealing the decision, the

period of appeal shall be reckoned from the receipt
of the decision by the Solicitor General

Execution pending appeal is NOT allowed in Land

Registration cases

12. When may a writ of possession not be issued? (Ordinarily, after a land
registration case, the winner is entitled to a writ of possession as a
mere post judgment incident)
A writ of possession cannot be issued in a land registration case against a
person who entered the property after the issuance of the final decree
and who was not a party to the case (this person must be given his day in
court)
13. What is the decree of registration and the certificate of title?
Remember, it is pursuant to the order of a court that the Administrator of the
LRA prepares and issues a decree of registration, as per the orders of the court
(It is then that THIS will be sent to the RD for registration)

Case: The Admin of LRA is NOT obliged to issue a decree where, upon his
verification, he finds that the land has already been titled to anothers
name AND he cannot be compelled through mandamus because the
issuance of a decree is part of the judicial function
The original certificate of title, on the other hand, is the true copy of the
decree of registration

3)

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Land Titles Finals Reviewer. Dean Cadiz. By

4)

to appear of record in the RD in order to be valid against

subsequent purchasers
1. Case: A mortgage right annotated on a CT that was
subsequently declared a nullity, which the mortgagee
acquired on full reliance of such certificate still
subjects the land although said lien was not noted in
another CT issued pursuant to free patent
ii. Unpaid real estate taxes levied and assessed within 2 years
immediately preceding the acquisition of any right over the
land by an IPV without prejudice to the right of the
government to collect taxes payable before that period from
the delinquent taxpayer alone
iii. Any public highway or private way established or recognized y
law, or any government irrigation canal or lateral thereof, if
the certificate of title does not state that the boundaries of
such highway or irrigation canal or lateral thereof have been
determined
1. Case: This provision refers to those existing at the
time of the acquisition of the land and NOT those
subsequent to the acquisition
iv. Any disposition of the property or limitation on the use
thereof by virtue of PD 27 or any other law in agrarian reform
Under this provision, claims and liens of whatever character existing
against the land PRIOR to the issuance of the CT, except those
annotated and those mentioned by law are CUT OFF by such certificate

14. When does land become registered land?

Upon the transcription of the decree in the original registration book by the RD
15. Tell me all about cadastral proceedings

A cadastral proceeding is one initiated by the Government, through the

Director of Lands
Its objective is the adjudication of title to the lands or lots involved in
said proceeding: If no one claims, it becomes public land
Steps: Sec 35
o
Notice, mailing and posting is required to confer jurisdiction
o
It can also be appealed
Registered property CANNOT be the subject of Cadastral Proceedings and
the titles issued thereon to another is null and void (Court has no
jurisdiction to order the registration of REGISTERED LAND)
o
HOWEVER, the cadastral court still has LIMITED jurisdiction over
registered land to wit: because no final decree of registration is
opened or set aside in these cases

Necessary correction of technical errors

Reserve as well the priority of overlapping registered

titles

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Land Titles Finals Reviewer. Dean Cadiz. By

16. What are the remedies afforded to the parties after judgment in a land
registration case? (many)
New Trial
Who
apply?

may

Applicant/Oppositor
registration Proceedings

in

Relief From Judgment

Appeal

ONLY
the
applicant/oppositor
(must be a party in the trial)

Applicant/Oppositor
in
registration
proceedings

1.

1.

Claimant in cadastral
Grounds:

1.
2.

3.

FAME (fraud, accident,

mistake
or
excusable
negligence)
Newly
discovered
evidence
(must be
discovered AFTER trial
and could not have been
produced at trial an
material
Insufficiency of evidence
to justify decision/Illegal
decision

Petitioner must show that

FAME
(extrinstic
fraud
leading to deprivation of
hearing and was prevented
from taking an appeal

Appeal to the CA
by filing a notice
of appeal with
the RTC

Petition for Review of the

Decree of Judgment
Any person: Government,
a party in the cadastral
suit/party put on default
(Sec 32)

Reconveyance

Requisites:
1. Petitioner has real and
dominical right
2. He has been deprived
of that right
3. Deprivation
due
to
actual/extrinsic fraud:
fraud
committed
outside trial against
defeated party whereby
he is prevented from
fully presenting his side
of the case (like when
hes induced NOT to
oppose)
4. Property
has
not
passed to an IPV

1.

Other grounds:
No jurisdiction

Aggrieved
who was
land

party, one
deprived of

Fraud or mistake

Notes: prescription
If fraud/mistake, must
be done within 10 years
from issuance of decree
If by virtue of an
implied/constructive
trust, 10 years from
issuance
BUT
if
petitioner in possession,
imprescriptible
If by virtue of an
express/resulting trust,
imprescriptible
If basis is void K of sale,
imprescriptible
If patent and CT were
acquired in breach of
constructive/implied
trust (when a co-heir
obtains
title
over
portions of land not
belonging to him/tenant
obtained title on the land
he was tilling)

When can it be
filed?
Barring Effect:

Within 15 days from receipt

of notice of judgment of
parties

Within 60 days after petitioner

learns of judgment and not more
than 180 days after judgment
was entered
Can only be had when judgment
has become final and a new trial
is NOT available

Within 15 days from

receipt of notice of
judgment of parties

Before the lapse of 1 year

from the entry of judgment

Filed BEFORE issuance

of decree or AFTER the
lapse of the 1 year
period

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Land Titles Finals Reviewer. Dean Cadiz. By

Notes:
1.
2.

Resulting trust presumed to have been contemplated by the parties, the intent found in the nature of the transaction, though not expressed in the deed or instrument of
conveyance; found in articles 1448-1455
Constructive trust: raised by construction of law, or by operation of law created not by intent, but by the construction of equity in order to satisfy the demands of justice
Damages
Who may apply?

Aggrieved party

Grounds:

1.

If after one year

and
reconveyance is
Not
possible
because
the
property is in
hands of IPV
AGAINST
the
persons
responsible

Compensation from
Assurance Fund
Aggrieved party (filed against
the
party
responsible:
RD/National Treasurer)
REQUISITES:
1.
2.

3.

4.
5.

When must it be
filed?

Must file within 10

years from issuance
of title

Aggrieved
party
sustained
loss/damage
or deprived of land
The loss or damage was
because the land was
brought
under
the
Torrens
system/arose
after registration
Loss due to fraud, error,
omission,
mistake
or
misdescription in any CT
or in any entry in the
registration book
Party is not negligent
He
is
BARRED
or
PRECLUDED under PD
1529 or any provision
of law from bringing
an action for recovery
of such land

Within 6 years from the time

the right to bring such action
accrued

Cancellation Suit

Quieting of Title

Reversion Suit

Person alleging to have a

superior
title,
the
Government
1. If there are 2 CTs
issued
to
different
persons over the same
parcel of land: the CT
earlier in date prevails
PROVIDED it was not
procured
through
fraud/jurisdictionally
flawed
2. When a CT is issued
over land of public
domain (in this case,
court
has
no
jurisdiction)
3. When a patent is issued
over private land
4. When a CT is issued
pursuant to a judgment
that is NOT FINAL
5. A certificate of title
issued on the basis of a
free patent procured
through fraud or in
violation of the law
may be cancelled, as
such title is not cloaked
with indefeasibility
Petition
to
nullify
title
because the registration is
void is imprescriptible

Registered owner, any

person who has equitable
right/interest
1. When there is a
proceeding,
record,
instrument, claim or
encumbrance
apparently
valid/effective but in
truth
invalid,
ineffective, voidable,
unenforceable
and
may be prejudicial to
the title, an action
may be brought to
remove such title

Instituted
by
the
Government through the
Solgen
1. A CT illegally issued
in the favor of an
individual or private
person: Free patent
illegally issued
2. When land patented
or titled is NOT
capable
of
registration
3. Alienation/sale
of
homestead
patent
executed within the
5 year period
4. When alien acquired
the land (Exception:
When its sold back
to another Filipino)

Imprescriptible
if
in
possession of the plaintiff

Prescription, laches and

estoppel do not lie in
favor of the government

Case: Representing himself to be the registered owner, A sold a piece of land to B. B acquired a TCT which was declared void because the transfer was made by an
impostor. B cannot claim damage from the Assurance fund because the TCT was voided and it had no legal effect. It did NOT come under the Torrens system.
Case: It is a condition that the person who brings an action for damages against the Assurance Fund be the registered owner and as holders of TCTs, that they be
innocent purchasers in GF and for value
Sec 101: Assurance Fund will not compensate someone who has been caused loss, damage or deprivation due to a breach of trust whether express, implied or constructive,
or by any mistake in the resurvey

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Land Titles Finals Reviewer. Dean Cadiz. By

Case: An action for quieting of title is equivalent to an action for reconveyance of title wrongfully registered in anothers name. The existing title wrongfully issued to
another is cancelled.
a. Case: Examples would be a land that is covered by another certificate in the name of another person. Further, other claims like mortgages, rescinded contracts
of sale may also constitute clouds
Case (Manotok): Rules:
a. If two OCTs over the same land, OLDER TCT prevails
b. If two TCTs, trace back to their respective OCTs
i. The TCT that can be traced back to the older OCT wins
Evangelista v. Santiago: DIFFERENCE of Action for Declaration of Nullity and Reversion
An ordinary civil action for declaration of nullity of free patents and certificates of title is not the same as an action for reversion. The difference between them lies in the
allegations as to the character of ownership of the realty whose title is sought to be nullified.
In an action for reversion, the pertinent allegations in the complaint would admit State ownership of the disputed land. Hence, where the plaintiff in his
complaint admits that he has no right to demand the cancellation or amendment of the defendants title because even if the title were cancelled or amended the ownership
of the land embraced therein or of the portion affected by the amendment would revert to the public domain, we ruled that the action was for reversion and that the only
person or entity entitled to relief would be the Director of Lands (now DENR). DENR must be imp
On the other hand, a cause of action for declaration of nullity of free patent and certificate of title would require allegations of the plaintiffs ownership of
the contested lot prior to the issuance of such free patent and certificate of title as well as the defendants fraud or mistake, as the case may be, in successfully obtaining
these documents of title over the parcel of land claimed by plaintiff. In such a case, the nullity arises strictly not from the fraud or deceit but from the fact that the
land is beyond the jurisdiction of the Bureau of Lands to bestow and whatever patent or certificate of title obtained therefore is consequently void ab
initio. The real party-in-interest is not the State but the plaintiff who alleges a pre-existing right of ownership over the parcel of land in question even before
the grant of title to the defendant

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Land Titles Finals Reviewer. Dean Cadiz. By

17. What are the various patents?

To whom issued:

Requirements

Homestead Patent
To any Filipino citizen over 18
years old or head of a family

Grantee must not own more than

12ha/has not had the benefit of
any gratuitous allotment of more
than 12 hectares
Continuous residency for more
than 1 year where the land is
situated
Must have cultivated more than
1/5

Free Patent
To any NATURAL born citizen of
the Philippines (extended until
12/31/2020)

Sales Patent
Citizens of the Philippines of
lawful age or head of the family
(not more than 12 ha)

Grantee must not own more than

12 ha of land

Any citizen of legal age for

residential purposes
To have at least 1/5 of the land
broken and cultivated within 5
years from the date of the award
(in public auction)

Continuously
occupied
and
cultivated tracts of disposable
agricultural
land
by
himself/predecessor in interest
For at least 30 years before
March 28
Paid Taxes on the land
Limited to 12 hectares only

(This is the administrative mode

of confirming an imperfect title)
Granted land prohibited from being alienated/encumbered within 5
years from and after the issuance of the patent or grant
Except: in the favor of the Government

Restrictions

With respect to homestead, the homestead CANNOT be alienated,

transferred or conveyed after 5 years and before 25 years from the
issuance of title

Right
repurchase

to

Establish actual occupancy and

cultivation of at least 1/5 of the
land until the date of such final
payment
Patent issued only after
payment of purchase price

Lease
Any citizen of lawful age or any
corporation with 60% Filipino
capital stock may lease any tract
of agricultural land available for
lease
Once lease has been approved,
1/3
must
be
broken
and
cultivated
Corporations:
1000ha

not

to

exceed

full

After title has been granted, the

purchaser may not convey,
encumber
for
10
years
OTHERWISE the sale will be void
and the acquisition will be
nullified
with
the
property
reverting back to the State

Leases shall run for a period of

not more than 25 years but may
be renewed once for another
period not to exceed 25 years

Note: Patent is deemed issued upon the promulgation of the

DENR/DL of the order of issuance
The applicant, widow or his heirs may repurchase the
homestead/free patent if conveyed within a period of 5 years from he
date of the conveyance

Cavile: A Torrens title issued on the basis of the free patents become as indefeasible as the one which was judicially secured upon the expiration of one year from date of
issuance of the patent
o
PROVIDED (de Guzman v. Agbagala) the principle of indefeasibility does NOT apply when the patent and the title based thereon are NULL and VOID. In this
particular case, the DL issued a patent over PRIVATE land because the applicants claimed it was public. It produces no effects whatsoever.
o
PROVIDED (reiteration by Martinez v. CA): A CT issued on the basis of a free patent procured through fraud/in violation of the law may be canelled, as such
title is NOT cloaked with indefeasibility
Borromeo v. Descallar: Purchase of land by an alien is cured by a subsequent sale to a Filipino

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Land Titles Finals Reviewer. Dean Cadiz. By

Land Patents: CA 141
18. What does PD 1529 say in connection with CA 141? Sec 103
Whenever public land is alienated by the Government (through grant/patent) to
another person, 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 RD and to be there glistered like other deeds and
conveyances. The deed, grant, patent or instrument of conveyance from the
Government to the grantee will operate ONLY as a contract between the
Government and the grantee and as evidence of authority to the RD to make
registration.
It is the act of registration that shall be the operative act to convey the land.
N.B. Basically, when a patent is issued in favor of a person, the Government agency
responsible must still cause its registration to convey the land to the grantee

20. What are the requirements for the judicial confirmation of imperfect
title?
The following may apply:
1)

2)

3)

19. What are the salient parts on the provision on land transfer patents?
(Sec 104-106 PD 1529)

The DA, pursuant to PD 27, will issue a Certificate of Land Transfer for
every land brought under Operation Land Transfer
o
2 Stages of Land transfer under PD 27

1) Issuance of CLT to farmer-beneficiary

2) Issuance of EP as proof of full ownership

In case of subsequent transfer of property covered by an emancipation
patent or a CT emanating from an EP, the RD shall affect the transfer only
upon receipt of the supporting papers from DAR
Sec 106: No voluntary deed or instrument purporting to be a subdivision,
mortgage, lease, sale or any other mode of encumbrance or conveyance of
private agricultural land principally devoted to rice or corn or any portion
thereof shall be registered UNLESS accompanied by an affidavit of the
vendor/executor stating that the land involved is NOT tenanted and IF
tenanted, the same is NOT primarily devoted to rice and corn
Del Castillo v. Orciga:
o
A CLT is a document issued to a tenant-farmer, which proves
inchoate ownership of an agricultural land primarily devoted to
rice and corn.

It is a provisional title of ownership over the landholding

while the lot owner is awaiting full payment of the lands
value
o
Title to land acquired through PD 27 shall not be transferable
except by hereditary succession or to the Government
o
Right to possess belongs to the person who was issued a CLT

Judicial Confirmation of Imperfect Title

Filipino citizens who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious possession
and occupation of alienable and disposable lands of public domain under a
bona fide claim of acquisition since June 12,1945 or prior thereto or even
since time immemorial
Filipino citizens who by themselves or their predecessors in interest have
been prior to Jan 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 Jan 24, 1947
Private corporations or associations which had acquired lands formerly part
of the alienable and disposable lands of the public domain from Filipino
citizens who have possessed the same (in the same manner in 1&2)
o
Note: A private corporation may institute confirmation
proceedings under Sec 48(b) of the Public Land Act if at the time
of the institution of the registration proceedings, the land was
already private land (if the land was still public, the corporation
cannot institute)
o
Note: ALIENABLE (meaning it has been declared patrimonial by
government with a manifestation) public land held by a possessor
for 30 years with OCENO becomes private property ipso jure

Reconstitution:
21. What is reconstitution?
Reconstitution: denotes restoration of the instrument in its original form and
condition

What are the basic Requirements:

1.
2.
3.

The petitioner is the registered owner

The CT was in force at the time it was lost or destroyed
The evidence presented is sufficient

Cases:

If the court goes beyond the purpose of reconstitution, it acts in

excess of its jurisdiction

Case: If the petition showed that one of the registered co-owners was
Pedro Pinote, the court could not receive evidence proving that Petra
Pinote is a registered owner

Case: If the CT was decreed in the names of A and B, the

reconstituted titles cannot be in the names of spouses A and B

If no ORIGINAL CT exists, the reconstituted title is a nullity

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Land Titles Finals Reviewer. Dean Cadiz. By

If there is an EARLIER VALID CT in the name and in the possession of

another, the reconstituted title is a nullity
Reconstitution is unnecessary when the original CT was never lost and
the existing CT is on file and available (petition must be denied)
A
wrongly
reconstituted
CT
secured
through
fraud
and
misrepresentation cannot be the source of legitimate rights and
benefits

Sources:
For OCT (Sec 2 of RA 26): OCCADA
a)
b)
c)
d)
e)

f)

Owners duplicate CT
Co-owners, mortgagees or lessees duplicate CT
Certified copy of the duplicate CT previously issued by the RD or
by a legal custodian
Authenticated copy of the decree of registration/patent which was
the basis of the certificate of title
Deed, mortgage, lease or encumbrance containing description of
the property covered by the CT on file with the RD OR an
authenticated copy thereof indicating that its original has been
registered
Any other document which, in the judgment of the court, is
sufficient and proper basis for reconstituting the lost or destroyed title

For TCT (Sec 3 of RA 26): OCCDTDA

a)
b)
c)
d)

e)
f)

Owners duplicate CT
Co-owners, mortgagees or lessees duplicate CT
Certified copy of the duplicate CT previously issued by the RD OR by
a legal custodian
Deed of transfer or other document containing description of
property covered by TCT OR an authenticated copy thereof indicating
the original had been registered and pursuant to which, the lost or
destroyed certificate of title was issued
Deed, mortgage, lease or encumbrance containing description of the
property covered by the CT on file with the RD OR an authenticated
copy thereof indicating that its original has been registered
Any other document which, in the judgment of the court, is
sufficient and proper basis for reconstituting the lost or destroyed title

Case: As regards the last option (any other document), the applicant must
show that he sought to secure the PRIOR documents and FAILED to find them
22. What is the rule on notice?

Notice is mandatory and jurisdictional

o
If not complied with, the reconstitution proceedings are VOID

Alabang Development: If essential data was omitted, then the court

cannot have jurisdiction and all proceedings are null and void
Manila Railroad: The rule on notice is especially true when it comes to
notifying the possessor of the property whose title is sought to be
reconstituted
Tahanan: It is the duty of persons applying for reconstitution of title to
know who are their actual boundary owners on all sides and directions
(therefore, ALL OF THEM MUST BE INFORMED for the court to have
jurisdiction)
Republic: The number of the CT and when it was issued must also be in
the petition
Esso: notice not required to be given to a squatter or to any person whose
basis for possession is alleged occupation BUT with no showing of
ownership
General Rule: ACTUAL owners and possessors of the land involved must
be duly served with notice of the petition for reconstitution
o
Exception: Where the source for reconstitution of title is the
owners duplicate copy thereof, the notices to the owners of the
adjoining lots and actual occupants are not mandatory and
jurisdictional
o
Exception: Where the adjoining owners addresses are not known
and the applicant made an extensive search to find them

23. What is Administrative Reconstitution?

When may administrative reconstitution be availed of?

o
In case of substantial loss or destruction of land titles due to fire,
flood and other fortuitous events

PROVIDED that the number of CTs lost should be at least

10% of the total number in the possession of the RD

PROVIDED it does not be less than 500

Sources of AdminRecon
o
Owners duplicate CT
o
Co-owners, mortgagees or lessees duplicate CT

24. What is remedy of Aggrieved Party in Reconstitution Cases?

The LRA may review, revise, reverse, modify or affirm any decision of the
reconstituting officer of the RD
o
Remedy in LRA finding: to the CA by appeal

Any party who by FAME has been unjustly deprived or prevented from
taking part in the proceedings may file a petition in the proper court to set
aside the decision and to re-open the proceedings. (RTC)
o
It must be filed within 60 days after the petitioner learns of the
decision but not more than 6 months

Case:

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Land Titles Finals Reviewer. Dean Cadiz. By

Amendment/Alteration of CT (Sec 108)

What are the grounds?

a) Where it is necessary to issue a new CT pursuant to any
involuntary instrument
b) Where a voluntary instrument cannot be registered because
the holder refuses or fails to surrender the owners duplicate CT
c) Where the owners duplicate CT is not presented for amendment
or alteration pursuant to a court order

After HEARING, the court may:

a) Order the registered owner or any person withholding the
duplicate CT to surrender and to direct the entry of a new CT
upon such surrender OR
b) Order the annulment of the owners duplicate CT and the
issuance of a new CT in lieu thereof if the person withholding the
same is not amenable to the courts processes OR if for any
reason the said owners duplicate cannot be delivered
Additionally, a party may also ask the RTC to compel the holder of the
DCT to surrender the same to the RD for the registration of the deed of
sale subject of the principal action for specific performance
o
However, this remedy is not available if the principal action
involved has terminated and already executed by levy and
sold on execution

REMEDY: winning party must file with the court a

motion in order to compel the holder to surrender it to
the RD (meaning, separate action and not within the
specific performance case)

25. What is the rule on amendment and alteration of a CT?

General Rule: no erasure, alteration or amendment shall be made upon

the registration book after the entry of the CT or of a memorandum
Exception: order of the trial court
A petition to amend/alter the CT/Memo may be filed by the:
a) The registered owner
b) Person having interest
c) In proper cases, the RD with LRA approval

In the following cases:

a) When registered interests have terminated
b) When new interests have arisen/created which
do not appear
c) When any error, omission or mistake was
made in entering a CT/Memo
d) When the name of any person on the certificate
has been changed
e) When the registered owner has been married
or registered as married, when the marriage
has terminated and no right or interest of
heirs/creditors will be affected
f) When a corporation, which owned registered
land and has dissolved, has not conveyed the
same within 3 years after dissolution
g) When there is a reasonable ground for the
amendment/alteration

26. What are the limitations on the courts authority in alteration cases?

After due hearing, the court may only:

o
Order the entry/cancellation of a new CT/Memo upon a Ct
o
Grant any other relief upon such terms and conditions
*NOTE: court cannot reopen a decree of registration or impair the title of
a purchaser holding a CT for value and in good faith WITHOUT their
consent

Surrender of Withheld Duplicate CT

27. What is the remedy of a party when he wants the owners duplicate CT
to be surrendered?

Replacement of lost duplicate CT (Sec 109)

28. What is the remedy in case of a lost duplicate CT?

In case of loss or theft of an owners DCT:

o
Due notice under oath shall be sent by the owner to the RD
o
If a DCT is destroyed or cannot be produced by a person applying
for the entry of a new certificate to him, a sworn statement of
the fact of such loss/destruction may be filed by the
registered owner
o
Upon the petition of the registered owner, the court may direct
the issuance of a new DCT
Petition shall be filed with the RTC where the land lies
o
Notice of the petition shall be sent to all interested persons
o
Notice to the Solgen is not required
When the CT sought to be replaced is not in fact lost or destroyed, a
proceeding under such circumstance is null and void

A party in interest may file a petition in the RTC to compel surrender of

the owners duplicate CT

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Land Titles Finals Reviewer. Dean Cadiz. By

Subsequent Registration
29. What is subsequent registration?
Subsequent registration refers to the registration of subsequent dealings with
registered lands. Voluntary dealings refer to deeds, instruments or documents
which are the results of the acts of the parties thereto (sales, mortgages,
leases, SPA, trust). On the other hand, involuntary dealings refer to writs
issued by the court

When does actual conveyanc take place with respect to registered

land?
Voluntary dealings will ONLY take effect as a conveyance once they are
registered. The only exception to this is a will purporting to convey/affect
registered lang. Other than that, it is registration that will be the operative
act of transfer of ownership. Moreover, the registration creates as
constructive notice to the whole world of the transaction.

Example: Registration takes effect when a person presents a deed of sale

of a registered parcel of land, when he pays the fees and presents the
owners duplicate CT (all copies must be presented if there is more than
one)

30. When may a forged deed become a root of a valid title?

Duran v. IAC: General rule is that a forged deed of sale/mortgage/conveyance
is an absolute nullity and conveys no title. The exception would be the chain of
title theory to wit: A left his CT with B. A went to the states. B forged a deed of
sale over the land and succeeded in registering the land in his name (TCT). B
then mortgages the land with D bank. When A comes back, he will lose to D,
because D had every right to rely on the face of the Torrens title. (The only
exception to this is when there were circumstances which should have led him
to inquire. In this case, D bank was presented with a title of a registered
owner)
31. What are other case doctrines with regard to a mortgagee in good
faith?
Basically, prior registration of a lien creates preference. The subsequent
annotation of an adverse claim cannot defeat the rights of a
mortgagee/purchaser at an auction sale whose rights were derived from a prior
registered mortgage.
32. What are the requirements for adverse claims?
The formal requisites are as follows:

The adverse claimant must state the following:

o
His alleged right/interest

o
How he acquired the right
o
Description of the right
o
Certificate of title number
Such statement must be signed and sworn before a notary public
The claimant shall state his residence or place to which all notices may be
served upon him

33. What is the purpose of registering an adverse claim?

The purpose of annotating an adverse claim is to apprise third persons that
there is a controversy over the ownership of the land covered thereby and to
preserve and protect the right of the adverse claimant during the pendency of
the case.
HOWEVER, it is important to note that the cancellation of an adverse claim is
important to render it ineffective.
34. When is an adverse claim non-registrable?
When the claim is based on an occurrence prior to the original registration of
the land.
35. What is a notice of lis pendens?
It is intended to constructively advise or warn all people who deal with the
property that they deal with it at their own risk. Whatever right they may
acquire in the property in any voluntary transaction are subject to the results of
the action.
The notice of lis pendens, when annotated in the original CT, must be carried
over in all certificates subsequently issued, which will yield the result of the
action.
36. What are the incidents of registered land?

Registered owners are not relieved from the following:

o
Any rights incident to the relation of husband, wife, landlord,
tenant
o
From liability to attachment or levy on execution
o
From liability to any lien of any description established by law on
the land and the buildings thereon, or in the interest of the owner
in such land or building
o
From any right or liability that may arise due to change of the law
on descent
o
From the rights of partition between the co-owners
o
From the right of government to take the land by eminent domain
o
From liability to be recovered by an assignee in insolvency
o
From any other rights or liabilities created by law and applicable to
unregistered land

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Land Titles Finals Reviewer. Dean Cadiz. By

Other case doctrines:

Balbuena v. Sabay: You are not a purchase in good faith if you buy the land
from a non-registered owner
Rural Bank of Pangasinan v. Manila Mission: The general rule is that a duly
annotated attachment is superior to an unregistered prior sale. HOWEVER,
where the party has knowledge of a prior existing interest which is unregistered
at that time he acquired a right to the same land, his knowledge of that sale is
equivalent to registration as to him. Basically, A duly registered levy on
attachment takes preference over a prior unregistered sale IF the attaching
creditor has no constructive/actual knowledge of the prior unregistered sale.
Phil Cotton Corporation v. Gagoomal: An annotation of an interest that DID
NOT appear in the reconstituted certificate of title requires a petition to be filed
in court. The RD cant just re-annotate a right that was not DULY noted in the
reconstituted title pursuant to its ministerial functions.
Erasusta v. CA: The title, which vests ownership (how the land was
acquired)can be collaterally attacked. It is only the piece of paper that cannot
be collaterally attacked
Eagle Realty v. Republic: The principle of indefeasibility does not apply where
fraud attended the issuance of the title. As such, a title issued based on void
documents may be annulled. Furthermore, prescription does not run against
the state. Additionally, companies engaged in the real estate business is
expected to exercise a higher standard of care and diligence in ascertaining the
status and condition of said property.
Amodia v. CA: If the land is registered under the Torrens system and it is sold
and the sale is registered under Act 3344, such is not considered registered and
does not come within the coverage of Art 1544 (double sales)
Manotok v. Barque: The administrative proceeding for reconstitution cannot
result into the cancellation of a CT. Furthermore, the LRA or the CA cannot
cancel titles. In an administrative reconstitution case, if it appears that the
property is already covered by a Torrens title, it should be dismissed subject to
judicial review. Remember that administrative reconstitution is essentially nonadversarial.
Lanuza v. de Leon: Prior unregistered sale over registered land takes
preference over a duly annotated levy on attachment because registration is
without prejudice to the better right of 3rd parties (act 3344)

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