Land Titles & Deeds
Sec. 17 - What and where to file.
- Should be filed in RTC
- But can also be filed in MTC – if they are delegated
- Shd. File w/ his application the survey plan of the land
sought to be registered (shd. Be approved by the Dir. Of
Lands)
- Orig. tracing cloth plan must be attached (mandatory before
but now it is already relaxed: RP vs. Sps. Recto, GR No.
160241, 10/04/2004)
- can be appealed in the next higher level (MTC→RTC;
RTC→CA; CA→SC or MTC – RTC – CA – SC)
- Proceeding “in rem” – if the court has jurisdiction over the
property (or res) – the judgment is binding upon the whole
world
- “in personam” – in parties – specific persons and the
judgment is binding upon (1) the parties to the case & (2)
heirs or (3) successors in interest or (4) assignees.
- Quasi in rem – personal action
- A case bet. Specific persons
- Purpose: subject the land to lien or encumbrance (ex.
Judicial conclusion of mortgage)
- What are created by mortgage? – mortgage lien or right to
mortgage (Act 496,Sec.27)
- if executed after the application & before the transcrition
of the decree, the applicant shall cause the orig. or a
certified copy to be presented for registration (no
registration fee shall be charged)
- judicial foreclosure of mortgage – quasi in rem bet.
Specific persons
Sec. 18 - Application covering two or more parcels
- Permits the consolidation of in a single application of 2 or
more parcels of land belonging to the same applicant/s
provided they are situated w/n the same province or city, or
the splitting of the application by striking out one or more
parcels.
- By amendment
Sec. 19 - Amendments
2 types of Amendment:
1) Formal Amendment
2) Substantial Amendment
- Par. 1 – parties
- Par. 2 – subject matter – shall be affected by change in the
boundaries & increase in the area
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Amendments: (amended petition)
1) Joinder – parties – another applicant is included
2) Substitution – substitution of parties
3) Discontinuance – one or more of the parties for the
application will be dropped.
3 types of substantial change: (SIA)
1) Substiantial change in Boundaries
2) An Increase in the area of the land applied for
3) Inclusion of Additional land
- Publication & Notice necessary if amendment consists
in:
- Republish – Notice of Initial Hearing
- Changes to original petition
- Incumbent upon the Administrator of LRA
- If the case continues but no republication – it will be null and
void bec. Notice of initial hearing is JURISDICTIONAL
- Jurisdictional – power or authority of the court to hear
and decide cases
- May be done @ any stage of the proceedings
Note:
1) If amendment is done before the original publication – No
need for republication
2) If amendment is to reduce in the area – no need for
republication bec. the court had already the jurisdiction over
the area/land
- Publication: both mandatory & jurisdictional
- Court acquires jurisdiction thru publication (constructive
seizure)
Sec. 20 - When land applied for borders on road
- Abandoned streets still remain to be a property of the state
- It shall be capable of being appropriated if the gov’t
converted it to alienable or disposable property.
- Applicant shd. Indicate (1) whether he claims any portion
thereof or (2) whether he desires to have the line of the way
or road determined.
Sec. 21 - Requirement of additional facts and papers; ocular
inspection.
(1) additional papers & additional facts by amendment
(2) ocular inspection – they view the land subject to registration
Sec. 22 - Dealings with land pending original registration.
- All voluntary dealings, mortgage, donation
- Sale – new owner will be substituted to the original applicant
(or in case original applicant dies)
- After w/c the court will order registration of the property
in the name of the new owner
- If encumbered – only the subdivision plan & deed of sale
- Survey – surveyor
- Survey plan – to be approved by LMB
- Filing of petition
- Publication of notice of INITIAL HEARING
- No need to file for specific performance – need only to show
the deed of sale and compliance w/ sec. 22
CHAPTER V - PUBLICATION, OPPOSITION AND DEFAULT
Sec. 23 - Notice of initial hearing, publication, etc.

PUBLICATION
- This is necessary to acquire jurisdiction – this satisfies the
constitutional reqt. of due process of law
- How? – All persons are notified
- Requirements of due process – opportunity to be heard
- How? – the mode of service of notice of initial hearing
to persons to appear & show cause as to why such
application shall not be granted.
- The court fixes the time & date of the initial hearing which
shall not be earlier that 45 days & not later than 90 days.
- It shall be given to the public by (1) publication; (2) mail; (3)
posting
- Service – delivery of notice
- Addressee: all named in the application (sec. 15) –
occupants, adjoining owners, to all whom it may concern
- This is to give them opportunity to present their claim.
- (1)Official Gazette & (2) Newspaper of gen. circulation
(once)
- Why both are mandatory? – because of the existence
of the word “shall” (imperative) and because of the
conjunctive word “and”.
- Why newspaper in the Philippines only – because we
are supreme in our own country.
- Shall be addressed to all persons appearing to have an
interest in the land involved and in general to all whom
it may concern
Reasons for publishing in the newspaper:
1) Due process
2) In rem
3) Constructive seizure of the land against all person
4) The objective of publication is to disseminate information in a
wide manner as possible – newspaper is widely read
5) Official gazette usually comes/ is published late (usually
delayed)
- Supposing: It was published in March issue of Official
Gazette but it was only published on April – court has no
jurisdiction because the purpose of the publication is not
accomplished; the initial hearing already took place at the
time they were notified
- The late publication defeated the purpose of publication
MAILING
- Proof:
- registered mail – (a) registry receipt & (b) registry return
card
- why registered mail? – because it was provided in the
Rules of Court that correspondence should be in such
(Rules of Court shall be suppletory in land registration
cases)
POSTING
- Posting – conspicuous place; 14 days before date of initial
hearing (see #3 of sec. 23)
- w/n 7 days after publication LRA shall mail the notice of
initial hearing of application to: (NSS) (1) every person
NAMED in the notice whose address is known; (2) Secretary
of DPWH, Prov. Governor and Mayor of the Municipality, as
the case may be, if applicant requests to have the line of a
public way or road determined; (3) Sec. of DAR, SolGen, Dir.
Of Land Mgt, Dir. Of Mines &/ Dir. Of Fisheries & Aquatic
Resources, as the case may be, if the land borders on a
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Land Titles & Deeds
river, navigable stream or shore or on arm of the sea where
a river or harbor line has been established, or on a lake, or if
it appears that a tenant-farmer of nat’l gov’t may have a
claim adverse to the applicant
Note: Svc of notice upon contiguous owners is indispensable;
lack of w/c constitutes “extrinsic fraud”.
Sec. 24 - Proof of publication and notice.
- Proof certificate – conclusive proof (no longer disputable or
rebuttable
- Certification of the Administrator of LRA and sheriff shall be
filed in the case.
- 2 process: (1) substantive & (2) procedural due process
(notice & opportunity to be heard
- Proof of publication in the Official Gazette: certification from
Bureau of Printing & the Official Gazette itself
- Proof of publication in the newspaper: newspaper itself &
affidavit of publication
-
Sec 25 - Opposition to application in ordinary proceedings.
- Parties who can answer or oppose: (1) person who has
interest & (2) gov’t / state
- Opposition shall be signed & sworn to by him or by his duly
authorized representative
- Personal notice necessary but not indispesable.
- Failure to file an answer or opposition constitutes
abandonment of the opposition; but once filed, the court
cannot order dismissal thereof on the ground that the
opposition failed to appear on the day set for hearing.
- If wasn’t able to file on time, the remedy is to ask for the
lifting of the order of gen. or special default, then if lifted, to
file an opposition to the application.
- Initial step of oppositor: File an opposition at the initial
hearing; if no lawyer, he may just appear in court; if can’t file
an opposition, must ask for time
- The “form” of opposition is the same as in the form of
application (in writing, signed & sworn)
Requisites of an opposition:
1) It shall set forth all the objections to the application &
2) It shall state the interest claimed by the party filing the same
3) Remedies desired
- Affirmative relief – remedy of an oppositor
- The oppositor shall ask the court to grant the
application to him instead of granting it to the
original applicant.
- A priv. individual may oppose even if the land is a pub.
Domain if he had a sales application approved by Bureau of
Lands and was in actual possession w/ authority
- Oppositor need not be named
Sec. 26 - Order of default; effect
- General default – may be ordered by the court if NO person
appears and answers w/n the time prescribed. This is done
upon motion of the applicant when the case is called at the
initial hearing but may also be ordered by the court motu
propio. If the applicant fails to appear, the court may dismiss
his application W/O prejudice.

- This may be granted by the court to the applicant upon
the latter’s motion for the issuance of the order of
general default
- After it was granted, the applicant may now present
evidence EX PARTE (no party/oppositor)
- Special default – when a party appears at the initial hearing
w/o having filed an answer/opposition & asks the court for
time w/n w/c to file the same, & this has accordingly been
granted, in case of failure of such party to file his
answer/opposition w/n the pd allowed.
- Operates only against certain specific person/s.
- Same motion as in the general default
- Power to set aside the order of default is inherent in courts
of gen. jurisdiction even w/o the grant of statutory authority.
- Issuance of order of gen. default is presumed
- When there is a hearing, there is presentation of evidence
- When you are declared in default, you lose the right to
present evidence.
- When is the decision of the court final & executor? – (1) after
expiration of 15 days from the service of copy of judgment &
(2) when no appeal was made
Remedies in case of default:
1) Motion to leave order of default – Rule 37 & 38 of Civil
Procedure
- This shall be before rendition of judgment
- Grounds: (FAME)
a) Fraud
b) Accident
c) Meritorious defenses
d) Excusable negligence
2) Appeal on CA – 15 days (PD 1529) from the service of copy
of judgment
3) Rule 37 – Motion for Reconsideration (new trial)
4) Petition for relief from judgment – 6-month period
5) Petition to reopen the decree of registration due to ACTUAL
FRAUD (sec. 32)
6) Action for reconveyance
7) Action for damages against the perpetrator
8) File against the assurance fund
9) Action to nullify/cancel the title – when the court has no
jurisdiction (non-compliance in publication or when land is
non-registrable)
CHAPTER VI – HEARING & EVIDENCE
Sec. 27 – Speedy Hearing; reference to a referee
Note: It is not enough that an applicant will get a favorable
judgment. He must prove ownership to the property.
Laws Governing the proceedings:
1) Provisions of PD 1529
2) Rules of Court – applied by analogy or in suppletory
character
- The court conducts the hearing – evidences are presented to
the judge.
- If there is no oppositor: it must be referred to the REFEREE
(aka the commissioner) who shall hear the parties and their
evidence. (Sec. 27). The trial shall also be governed by Rule
33 of Rules of Court.
- What will the referee do? – After reception of evidence,
referee will prepare a report or a recommendation after
15 days after the termination.
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Land Titles & Deeds
- The hearing may be held @ any convenient place w/n
the province or city as may be fixed by him, & @ the
time & place of trial fixed by him after reasonable notice
thereof served to the parties.
- What will the judge do? – the judge will review it and
from there he may: (1) accept the report in toto; (2) set
aside/disregard whole or in part; or (3) order the cause
to be recommitted for further proceedings (presentation
of additional evidence; (4) notify the commissioner
- Motion to dismiss – LRA does not provide for it but it may
be allowed/availed under Rule 132 of the Rules of Court.
- Instead of motion for reconsideration for ground on lack
of jurisdiction in violation of Sec. 38.
- Dismissal w/o Prejudice – the case may be refilled despite
its former dismissal.
- Dismissal w/ prejudice – final & executory; conclusive; res
judicata shall apply.
- A dismissal may be reinstated – file a motion for
reconsideration/reinstated w/n (15) days allowed to make an
appeal.
- Notice of Initial Hearing and publication are NOT
REQUIRED.
- Refile – Remedy when the order of dismissal became final &
executory.
- New application for registration (Req’t: Sec. 23
Jurisdictional reqt)
During the hearing, the basic issues should be proved are
the following:
1) Land alienable and disposable
2) Whether OCENO
3) Identity of the land
4) genuiness
The land can be proved to be alienable & disposable by:
1) Certifications of Mgt. Bureau (then Bureau of Lands)
2) Certification of Bureau of Forestry
3) Identity of the land – tracing cloth plan, survey plan (tech.
description certified by LMB
Real Evidence
1) Presidential proclamation – can be seen in publications
(documentary evidence)
2) Real estate tax declarations & receipts (documentary)
3) Testimonies of the witnesses (testimonial evidence)
4) Ocular inspection
- Sec. 14 – basis of petition (who may apply)
- What are you proving? – Possession & occupation
- Documents to prove ownership: documents of
conveyance of your predecessor in interest (e.g. deed of
sale, tax declaration, tax receipts)
- Tax Receipts & Tax Evidence are admissible but it must be
coupled by: (1) CLEAR & CONVINCING evidence & (2)
ACTUAL possession of the property.
- Accdg. to SC: No person in his right mind to pay such
taxes if he is not in actual or constructive possession of
the land.
- Jurisdiction – plenary – to prevent multiplicity of suits
CHAPTER VII – JUDGEMENT AND DECREE

Sec. 28 – Partial Judgment
- Judgment – an adjudication of determination of the question
of ownership in favor of the claimants
- after presentation of evidence, they shall be evaluated
& appreciated by the court.
- What is determined? – question of ownership
- Court can render partial judgment
- Upon presenting the subdivision plan showing the
contested & uncontested portions approved by the
Director of Lands pursuant to Sec. 25
1) Subdivision of the land – to determine the identity of the
land; to segregate the uncontested land from a contested
land.
2) Applicant must prove that he is the owner.
Sec. 29 – Judgment confirming title.
Conflicting claims are determined by:
1) Report of the Administrator of LRA – it is important because
LRA have the records of the Decrees of Registration issued
before or whether the land has been a subject of the decree
of registration.
2) All the evidence presented
3) Report of the Director of LMB (tech. description, survey plan)
– because they are custodian or repository of the survey
plans.
- If the court finds that the applicant or the oppositor has
sufficient title proper for registration, judgment shall be
rendered confirming the title of the applicant, or oppositor, to
the land or portions thereof.
Note: Registration is not a source of ownership. It is a mere
notice and just confirms registration.
Sec. 30 – When Judgment becomes final; duty to cause
issuance of decree
- Judgment becomes final after 15 days (used to be 30 days)
as amended by BP 129 (Judicial Reorganization Act)
- Final – it determines the merit of the case.
- Final & Executory – perfection of an appeal w/n 15 days
from the receipt of Notice of Judgment.
- a decision may be final & executory from one party
compared to another party because 1 counsel/party
may receive it earlier or later…
- Proof of Registry Mail: (1) registry receipt (2) registry
return card
- Appeal - MTC→RTC→CA→SC
- After it became final & executor, court shall issue an order to
the LRA Commissioner for the issuance of the decree of
registration and the corresponding certificate of title in favor
of the person adjudged entitled to registration.
Sec. 31 – Issuance of Order of Registration
- The judgment of the court may constitute: (1) ownership
given to 1 party; (2) dismiss the case – no owner; (3) partial
judgment
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Land Titles & Deeds
- Basis of the contents of Order of Registration: dispositive
portion of the judgment
- Decree of Registration – transcription of the dispositive
portion of the judgment
- The Administrator of LRA issue the (1) decree of registration
(Sec. 39); (2) certificate of title; (3) Judgment confirming the
title of registration (Sec. 29) to the person whose decree of
registration is issued (or is in favor or in the name of the
person adjudged the be the owner)
- After LRA, it shall be signed by the Registry of Deeds
- Entry means record in the book of Decree of Registration by
LRA
- The importance of entry is that no petition to reopen &
review the decree after 1 yr from the date of entry (Sec.
32).
- The Decree of Registration shall include the following:
(1)date, hour, minute of entry signed by the administrator of
LRA; (2) name of the person adjudged to be the owner; (3)
civil status: if married-name of spouse & if the property is
under conjugal property; if disabled-the nature of disability;
or if minor – the age; (4) description of the land – technical
description presented in evidence; (5) easements,
mortgages, liens – including rights of tenant-farmers (shall
be annotated)
- Only liens and encumbrances annotated on the title
shall bind the land
Importance of Dec. of Registration: (Sec.31)
1) Bind the land (under Torrens Sys. Of Registration) – binding
upon 3rd person
2) Quiet title thereto – settle all claims known or unknown, just
or unjust except to liens provided by law (in relation to Sec.
44)
Effect of Registration: Binding conclusive against all person
including the Nat’l Gov’t and all branches whether mentioned or
not.
- Because of “to all whom it may concern”
- The issuance of Dec. of Registration by the Administrator of
LRA is still a judicial function – still part of judicial process
and not an administrative act.
Note: LRA may refuse to issue Dec. of Reg.
A) When there is a previous decree of Registration issued.
- the court does not acquire jurisdiction over the land bec.
There is a previous DoR
- if 2nd decree is issued, then it is null and void
- Under Rule 39 of Rules of Court, a Dec. of Reg. cannot be
issued pending appeal as it is a mandatory req’t of the law
(PD1529) that a decree of reg may be issued only after it
becomes FINAL & EXECUTORY (otherwise, violation of
mandatory requirement of law: Sec. 30).
- Reasons:
1) People may be misled in dealing w/ the said DoR
2) May affect stability of Torrens system of
Registration because judgment may still be
reversed, in such case, the decree shall be
useless.
- DoR may include buildings because they are incidental to
the land
- If the land & bldg have diff. owners – the owner of the
building must file before the court so that it would be
annotated to the certificate of title.
- Related to Sec. 14
B) When the land is inalienable (Pub. Property) – cannot be
subj. of registration; court will have no jurisdiction over it;
cannot be subj. of private appropriation
 Land Titles & Deeds

- Ex. Foreshore land, forest, land covered by water a) Supposing 1st lawyer – other party presented a forged
during hightide document. The court rendered judgment in favor of the
other party. Then the aggrieved party changed lawyer.
C) Patents such as (1) homestead patent; (2) free patent; He hired you. Can you file for reopening? – No. There
(3) sales patent is only constructive fraud. The other party was not
- Issuance of patent is not a judicial proceeding but an prevented from presenting evidence.
administrative proceeding – You can go to RD for the b) Supposing the other party’s lawyer was influential and
issuance of original cert. of title. he was able to connive with the sheriff not to give notice
to another party. Judgment was rendered in favor of
- Supposing judgment became final and executor, may the that party. – You can file a petition on the ground of
court still reconsider it? When? ACTUAL FRAUD. (same with Strait Times Inc. – was
- Remedy: Petition for relief from judgment under rule 38 prevented from presenting his evidence.)
of Rules of Court. Difference bet. The 2 examples: inside the trial (intrinsic);
- The Administrator of LRA shall issue it. outside the trial (extrinsic or actual fraud)
- SC still has control. - Actual Fraud is obtained when the lawyer acts outside
- Grounds for Relief from Judgment: (Rule 38, Rules of the case w/c prevents the defendant from presenting
Court) his evidence before the court.
1) Fraud - Prevented from having a trial
2) Accident - Heirs of Manuel Roxas vs. CA
3) Mistake - Strait times Inc. vs. CA – accordingly, the use of forged
4) Excusable negligence document does not constitute intrinsic fraud but an actual
- Shall be filed w/n 60
days after the fraud.
petitioner learns of the - Violated the constitutional right of (1) right to notice &
(2) right to be heard
judgment, final order, or other - Procedural due process
proceeding to be set aside, and
not more than 6 months after 3) That the property has not been transferred to an
such judgment or final order was innocent purchaser for value.
- IPV – purchaser has no knowledge of any defect of the
entered, or such proceeding was title of the land from the seller or transferor.
taken. - Sps. Mathay vs. CA – innocent purchaser for value was
defined as one who buys property of another, without notice
Sec. 32 – Review of Decree of Registration; Innocent that some other person has a right to, or interest in, such
purchaser for value property and pays a full and fair price for the same at the
time of such purchase, or before he has notice of the claims
Gen. Rule: judgment when final & executory cannot be reopened or interest of some other person in the property.
or reviewed just by reason of absence, minority or other disability
of any person adversely affected thereby, nor by any proceeding - According to SC payment should be (1) full & (2) fair price
in any court for reversing judgments. - When? – at the time if such notice or before he receives
notice that there are claims.
Exception: Deprivation of land or any estate due to ACTUAL - E.g.
FRAUD a) A presented to B title (new), then he bought it. You
- Petition before RTC having territorial jurisdiction over registered it and went to the land and learned that
the land; can be filed by any person deprived of the somebody owns it. Is he an IPV? – No, because he
land must have made an inquiry (visit the place) and must
have exercised due diligence.
Conditions/reqt’s laid down by the court: b) A sells to B a property worth P10M for only 1M. Is he an
IPV? – No. The amount of 1M is not a fair price.
1) That the plaintiff is the owner of the land ordered to be c) A sells to B a property worth 10M. B paid only 7M. Then
registered in the name of the defendant he learned someone owns the land w/c is the subject of
- Proceeding: proceeding in personae a deed of sale – Not IPV. He must have paid it in full
2) Registration is obtained thru ACTUAL FRAUD before he acquired knowledge that there is a 3rd person
claiming such land.
Fraud – intentional deception by misrepresentation & Legarda vs. CA – Negligence of the lawyer. SC decided in favor
concealment of material facts of the losing party that there is really a negligence.
- 2 Kinds of fraud: - Issue: Is the negligence of the lawyer constitutes actual
1) actual fraud or extrinsic fraud?
2) constructive or intrinsic - A petition to review the decree of registration – in personam
- pertains to issue in the case - To whom it will be filed? – to whom the decree was
- but the petition shall not be entertained where an Innocent issued because he is an indispensable party to the
Purchaser for Value (IPV) has acquired the land or interest case because of his actual fraud.
therein. - Purchaser is also an indispensable party
- Buyer is in good faith & for value (shall include innocent - He who asserts…
lessee, mortgagee or other encumbrancer for value)
- The petition shall be filed from the date of entry & before the 4) The decree must be reopened w/n 1 year after the entry
expiration of 1 year from entry of final decree. of decree of registration
- Actual Fraud – intentional omission of fact required by law - Upon lapse of 1 year – the title becomes
to be stated in the application or a willful statement of a claim INCONTROVERTIBLE (indefeasible)
against the truth.
- E.g. - After the lapse of time, there is still a remedy: DAMAGES

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- Possible result of petition to reopen:
1) It may be granted
2) Denied
- it must be filed in the court where it has territorial
jurisdiction
- if filed in the clerk of court, then it will be raffled to the
other courts – it is not the same court who rendered
jurisdiction.
3 Patents that can be issued:
1) homestead
2) sales
3) free patent
- you can still question this w/n 1 yr from the issuance -
administrative
- administrative proceedings – therefore there is NO decree of
registration but there is also a certificate of title issued.
- Judicial proceedings is not required in the issuance of these
3 3) Judgment on the merits
- 3 patents – administrative
- Certificate of title is issued
- What is questioned is the certificate of title w/n 1 yr from
the issuance
- Decree of Registration – judicial
- Issued by Administrator of LRA
- What is questioned here is the DoR within 1 yr from the
ENTRY to the books
- Who cannot ask for reopening?
1) absent – eg. Beneficiary under a trust, co-heirs
2) minor
- Action for reconveyance – remedy of a person deprived of
his land
- An action directed directly against a certain proceeding
- This is an ordinary civil action
- Action in personam
- The court cannot order for the issuance of 2nd decree of
registration – res judicata
- DoR can be only be issued ONCE
- Administrator of LRA who had already issued a DoR
has the right to refuse for its 2nd issuance
- Public Lands- no jurisdiction; not alienable; not registrable
- Can the Administrator of LRA issue DoR at all times? – No.
There are 3 exceptions:
1) When there is a previous decree issued
2) When the land is inalienable
3) Patents
- After 1 year – put an end to question/litigation; it becomes
INCONTROVERTIBLE
- Remedy: Reconveyance
- If not available: Action for Damages (personal;
ordinary civil action)
- Can a Decree of Registration be amended? – only in formal
– it must conform only on judgment
- Supposing the order of the court is in favor of X. Then X sold
to B. Can it be amended into B’s name? Can you change it
to B’s name by substituting X in the order of the court? – No.
The remedy is to make a Deed of Sale, then register is to
RD. Then new Transfer of Title shall be issued.
- File a Writ of Possession (issued by the court)
1) Extra-judicial foreclosure
2) Judicial foreclosure
3) Execution sales
- Shall be filed from entry of decree of registration
Writ of Possession – its purpose is the delivery of possession to
the adjudged owner/successful litigant by the sheriff
Note: Don’t confuse the Decree of Registration from Judgment
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Land Titles & Deeds
- Supposing the decree was issued on Jan. 1, 2000. After 1
year, on Jan. 10, 2001, a stranger entered.
- Adverse possessor – before & after 10 year
- If registered property – cannot be acquired by
prescription and adverse possession.
Accion Publiciana - action to recover possession; must be filed
in RTC after 1-year period.
Res Judicata/conclusiveness of action
- It includes:
1) Both: same subjects
2) Both: same parties
3) Both: same causes of action
Requisites:
1) There must be a FINAL & EXECUTORY judgment
2) Judgment ordered by the court WITH jurisdiction
- After 15 days – final & executory (from receipt of notice of
judgment)
- Motion for reconsideration – Fraud, accident, mistake,
excusable negligence
- Other grounds: based on the newly discovered
evidence.
Remedy: Petition from Relief from Judgment
- Within 6 months from rendition of judgment and 60
days from knowledge thereof
REVIEW – Petition to Reopen the decree of Registration – can be
filed within 1 year from the entry of Decree of Registration
Reconveyance – action in personam (p.132)
- Fraud cannot be used as a shield
- Within 10 years
- Basis: Sec. 53 3rd paragraph – All legal & Equitable
Remedy of Reconveyance
- When? – (1) wrongfully registered
- It depends – innocent purchaser for value
- Note: An action for reconveyance is available if it does not
prejudice a 3rd person who is an Innocent Purchaser for
Value
- Covers innocent lesee, mortgagee (only acquires
interest as in mortgage lien
- Supposing an illiterate was defrauded by his neighbor when
he asked for help to register his land… the neighbor was
able to register the land in his name…Can he file an action?
– An action for Reconveyance
- There is fraud.
- What relationship is created?
- Trust – hold the property for the benefit of another
- It is established by (1) force or (2) operation
of law
- Constructive Trust or Implied Trust – trustee
(neighbor) and beneficiary (illiterate)
- Marquez vs. Ca – constructive trust (Art. 1456) – the trustee
was the person who committed fraud or mistake
- Prescriptive period for implied/constructive fraud – 10 yrs
from the registration
- Constructive notice – because by registration, all is deemed
notified, therefore they have knowledge therefor.
- In Sps. Alfredo Borjas, the SC said action for reconveyance
has 20 yrs. Prescriptive pd
- After 10 yrs – but the owner is in possession of the
property. Thus, the prescriptive period does not run.
Then the action is Quieting of Title w/c is
imprescriptible
- Art. 1456 – the prescriptive period of voidable (there is no
implied trust) – 4 yrs
 Land Titles & Deeds

- Fraud – upon discovery

- Action for damages – if reconveyance is no longer available Things that shd be found in the Certificate of Title:
(p. 138) 1) Name of the registered owner
1) that the person is in reality wrongfully deprived of his 2) Citizenship
land by the registration in the name of another of the
land by actual or constructive fraud. 3) Residence/postal address
2) That there was no negligence on his part 4) Civil status and citizenship of the spouse if married
3) That he is barred or in any way precluded from bringing - Civil status is not conclusive because it still may change
an action for the recovery of the land r interest therein in the process of the application
4) That the action for compensation has not prescribed.
CHAPTER VIII – CERTIFICATE OF TITLE - MWSS vs. CA: If one property is registered to 2 persons,
the oldest title shall prevail ( the title of the earliest date
Certificate of title – the transcript of the decree of registration
prevails)
made by the Register of Deeds. It is regarded as conclusive with
- Regulacion vs. Register of Deeds: trace derivative title to
respect to all matters contained therein, and when the owner’s
determine who has the earliest title if a property is registered
duplicate thereof is presented with any voluntary instrument filed
to 2 parties.
for registration it serves as a conclusive authority granted for the
Register of Deeds to enter a new certificate or to make a
- Sps. Mathay vs. CA: Mathays alleged the issues:
memorandum of registration in accordance with what may be
1) They have earlier date of title
purported in such instrument.
2) They must only rely on the face of the cert. of title
– it accumulates all the ultimate facts with respect to a particular
3) They are purchaser in good faith
piece of registered land in once single document, making out a
4) There is a presumption in law that they acted in good
precise & correct statement of the exact status of the fee
faith
simple title which the owner has in fact.
- SC Decision on the issue of Purchasers in Good
- Will take effect upon recording it on the registration book
Faith: purchaser in good faith and for value refers to a
- Importance: proof of ownership of the person named in the
buyer who did not know of any claim over the property
certificate
at the time he bought it and pay a full and fair amount.
- Its probative value is that it is final and conclusive
- Exception to the definition: if there are circumstances
- You cannot just transact it immediately because it is a
that would arouse their suspicion which would require a
registered transaction
reasonable and prudent man to inquire as to the status
- Original Certificate of Title – should be with the Register of
of the property. Therefore, they should exercise due
Deeds
diligence to have a visual/ocular investigation on the
- Owner’s Duplicate Certificate of Title – should be in the
status & condition of the property or the claim of the 3rd
possession of the owner
person.
- You may know the status of the title by examining it and by
- If they didn’t practice it, they are NEGLIGENT.
going to the Register of Deeds. You can get a certified true
- Purchaser in good faith – when he did not know of
copy from Register of Deeds (it’s a public document,
any lien or encumbrance annotated over the title as if it
therefore, it can be used as evidence)
is a clean title
- The SC stressed that Atangan is in possession of the
Note: A Certificate of Title is not subject to collateral attack
property other than the seller
Decree – court decision on judgment of dismissal
- But if the seller is also in possession of the property,
Judgment – opinion of the court after taking into consideration the
Mathays can claim that they are not required to look
evidence submitted by the parties in the controversy
over or look beyond the face of the title.
The Register of Deeds to Register:
An inspection should be made if:
1) Duplicate Transfer of Title
1) If there are occupants of the property which must
2) Deed of Conveyance – registrable by notarizing it
be the prospective seller
3) Payment of legal fees
2) To identify property….
- Sps. Mathay should have made an ocular inspection
Certificate of title – it shows the status of the owner and the
over the property. Since they failed to make an inquiry,
identity of the property (technical description)
therefore, they are negligent and therefore, they are
precluded from declaring that they are purchaser in
Copies of Certificate of title that should be made:
good faith.
1) OCT – Original Certificate of Title – Register of Deeds
- There is always a presumption in law that everyone is
2) ODCT – Owner’s Duplicate of Certificate of Title – person
in good faith – any person who claims/asserts good
named therein
faith has the burden of proving it.
- Co-owner’s duplicate of title
- Since there is TCT, SC said look for the source of OCT
- In their voluntary dealing, all of them must be
(derivative source of the 2 OCT)
presented.
- Mr. Atangan’s title is upheld because it is earlier than
- OCT – judicial or extra-judicial
the Sps. Mathay.
- TCT – Transfer Certificate of Title – it is issued as a
- Mathays did not acquire any better title at all. They
consequence of subsequent transfer (once only)
merely stepped on the shoes of the seller who doesn’t

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have a title and right at all. – you cannot give what you
do not have.
Sec. 47 – Registered land not subject to prescription
- The land is already imprescriptible
- The prescription referred here is acquisitive prescription
- Supposing the title has not yet been issued or the decree
and certificate was not signed yet? – The land cannot be
acquired anymore by acquisitive prescription as long as
there is already judgment because it is already considered
as registered.
Sec. 48 – Certificate not subject to collateral attack
- the object of collateral attack is not to nullify the title.
Nullification of the title is only incidental in a collateral attack
- collateral attack is a summary procedure in forcible
entry/unlawful entry
eg. ejectment case – should be filed in MTC
accion publiciana – recovery of possession
(RTC)
- Laches – unjustified delay in bringing action
- not applicable to registered land
- direct proceeding – when the action is to nullify or cancel the
title itself
- the issue here is the VALIDITY of the title itself
- example of the cause of action: violation of Sec. 23
- Action: action to nullify or cancel the title
- Caraan vs. CA – title cannot be subject of collateral attack
- The action filed here is accion reivindicatoria which is a
collateral attack
- Sps. Amancio vs. CA
Sec. 49 – Splitting or consolidation of titles
Sec. 50 – Subdivision and consolidation plans
- PD 957
2 Types of subdivision plan:
1) Simple
2) Complex
- No portion of any STREET, PASSAGEWAY, WATERWAY
OR OPEN SPACE so delineated on the plan shall be closed
or otherwise disposed if by the registered owner with the
approval of the RTC of the province or city in which the land
is situated
- Owner can donate them to the government but cannot
sell without approval
- A registered owner desiring to consolidate several lots into
one or more, requiring new technical descriptions, shall file
with the LRA a consolidation plan
- The new technical description shall be the result of the
survey which will now be a consolidated plan
- This is to prevent enlargement of area
CHAPTER IX – VOLUNTARY DEALINGS WITH REGISTERED
LAND
Sec. 51 – Conveyance and other dealings by registered
owner
- Relate Sec. 51 to Sec. 112
- N/A to unregistered land (Sec. 113 (b) )
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Land Titles & Deeds
- Legal forms – vehicle used for executing deeds
2 Modes of making Instrument Public:
1) By jurat – contains narration of facts (affidavits)
2) By acknowledgment – eg. Deed of conveyance
- The act of registration shall be the operative act to convey or
affect the land insofar as 3rd persons are concerned
Extra knowledge from Judge Serrano for contracts:
SS. – scilicet (venue)
- Not S.S. – this is wrong
Sec. 52 – Constructive notice upon registration
- If the instrument is not registered, who are bound?
(1) contracting parties, assignees, heirs, successors-in-
interest
- Heirs are bound because they are extension of the
personality of the decedent
(2) those who have knowledge – because the purpose of the
registration is already attained; actual knowledge is
equivalent to registration (Consolidated Rural Bank vs.
CA)
- Importance of Registration: to convey or affect the land
insofar as 3rd party is concern
- There is permanent record upon registration
- There is already conclusive presumption/ irrefutable
presumption
Sec. 53 – Presentation of owner’s duplicate upon entry of
new certificate
- No voluntary instrument shall be registered by the RD unless
the owner’s duplicate certificate is presented with such
instrument
- The production of the owner’s duplicate certificate, whenever
any voluntary instrument is presented for registration, shall
be conclusive authority from the registered owner to the RD
to enter a new certificate or to make a memorandum of
registration.
Sec. 54 – Dealings less than ownership, how registered
- Manner of accomplishing registration
- No new certificate shall be entered or issued pursuant to any
instrument which does not divest the ownership or title from
the owner or from the transferee of the registered owners.
- All interests in registered land less than ownership shall be
registered by filing with the RD the instrument which creates
or transfers or claims such interests and by a certificate of
title and signed by him.
- A similar memorandum shall also be made on the
owner’s duplicate.
- The cancellation or extinguishment of such interests
shall be registered in the same manner.
Sec. 55 – Grantee’s name, nationality, etc to be stated
- Full name, nationality, residence and postal address of the
grantee or other person acquiring or claiming an interest
- Whether married or not and the name of the spouse if
married
- If the grantee is a corporation or association, the instrument
must contain a recital to show that such corporation or
association is legally qualified to acquire private lands.
Sec. 56 – Primary Entry Book; fees; certified copies

- Registration of entries
- Basis in the order of reception of the RD & payments: At
the time of the ENTRY in the PRIMARY BOOK or DAY
BOOK
- RD shall enter all instruments including copies of writs
and processes filed w/ him relating to registered lands;
the date, hour and minute of reception of all instruments
in the order in w/c they were received.
- The government shall be exempt from fees
This shall be open to the public
Importance of being recorded in the entry book:
transaction/conveyance deemed registered
Rule: Priority in registration establishes priority in rights –
he who is first in time is preferred in right.
- Covers the procedure in registration of conveyances
- The function of RD is ministerial and mandatory. However,
he has the duty to determine the compliance with the
requirements below.
Requirements:
1) Deed of conveyance must be (a) registerable (Sec. 112), (b)
in form sufficient in law and (Sec. 112) (c) contains technical
description (d) must contain the name of the grantee,
nationality, etc.
2) Owner’s duplicate certificate (ODCT) must be surrendered –
RD shall determine the authenticity of the duplicate to avoid
fraud
3) Payment of registration fees
- If all the requirements are present, it shall be a conclusive
authority for the RD to register the subsequent registration.
- The requirements CANNOT be altered/modified except by
legislature itself
- Local Government (through its ordinance) has NO
power to alter or modify the requirements
SURRENDER OF OWNER’S DUPLICATE OF CERTIFICATE
OF TITLE
- Must be presented during registration
Reasons:
1) To check the authority of the owner
2) It will serve as evidence of the willful act of the owner in
conveying the land
3) Safeguard against fraud
- Why does it prevent fraud from being committed? –
Because the law requires that the ODCT and the
Registrable Certificate of Conveyance must be
presented.
- If the holder of the ODCT does not want to surrender
the ODCT – RD shall petition w/ the court for the
surrender of the title
- Description of property must be PROPERLY DESCRIBED –
contains technical description
- Lot #, boundaries, area, etc
- Be sure that the description is property checked and
correct.
- In case there is irregularity between area and boundaries –
the BOUNDARIES should prevail!
- Annotation de Memorandum to the certificate of title – Act of
Registration is the operative act.
- In addition, the following should be determined: (a) payment
of registration fees; (b) whether the transferee is a Filipino
citizen or qualified to be an owner
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Land Titles & Deeds
- The transferee’s citizenship must be stated in the deed
of conveyance
- If it is a corporation, it should be at least 60% owned by
Filipinos.
- Basis: Constitutional prohibition against aliens
Classification of lands according to the Constitution:
1) Forest land
2) Mineral land
3) Agricultural land – private, urban, residential
- If sold to a foreigner – the contract is void
- However, the status of the contract between the
contracting parties is valid and binding
1) Principle of estoppel
2) In pari delicto
- If both parties in default – the law will leave
them where they are
- But with respect with the state, the contract is invalid.
- The state, through SolGen, shall execute Escheat
(Forfeiture proceedings) to recover the land
Gen. Rule: Aliens cannot acquire property
Exceptions:
1) Aliens who acquire the land though hereditary
succession.
2) Corporation sole – eg. Roman Catholic Church
3) During Japanese occupation – Phil.Constitution was
suspended until Jan. 4, 1943
RA 8179 – maximum area: (a) urban – 5,000 sq. meters; (b) rural
– 3 hectares
- Applies to former natural born Filipinos
- Supposing it was sold to an alien then it was sold to a
Filipino citizen, can the state file an escheat proceedings? –
No because the Constitutional prohibition will NOT apply.
- Supposing the land was owned prior to his naturalization
(from alien national to Filipino)? – It depends. If eschit was
already filed by the state before the naturalization, the sale
shall be VOID. But if the state has not yet filed after the
naturalization, the sale would be VALID.
- He is a buyer in GOOD FAITH if the Filipino buys it in his
own interest. He is in BAD FAITH if he buys it for the alien’s
interest.
- Circumvention of the law to escape prohibition of the
law
- He shall be considered as DUMMY under ANTI-
DUMMY LAW (special penal law)
- “What cannot be done directly cannot be done
indirectly.
CORPORATION SOLE – (religious) As mere administrator of the
Church property
- Not contemplated by the constitutional prohibition
- Eg. Secular (bishop, parish priest), religious (abbot)
- Represented by 1 member only
- A Canadian priest was questioned when he acquired by
purchase an agricultural land – he is not an owner but
he is merely an administrator of the land
- The true owners are the Filipinos who are the
members of the church (p. 203)
- Supposing a FORGED duplicate certificate of title and deed
of sale that were manufactured in Recto, will you register it?
– No because you have no authority to register it since the
document presented is not authentic.

- Supposing you issued new Transfer Certificate of Title based
on the forged OCT, what is the status of the certificate of title
you issued? – NULL & VOID.
- May a forged certificate of title be a root/source of a valid
title? – No. This is an absolute rule. The registration shall be
null and void. There is no authority given to the RD because
the title is still intact and still in the possession of the
registered owner.
- RD has the duty to investigate the genuiness of the title.
(because it is his duty)
Note: A FORGED Deed of Conveyance CAN be a valid title –
because it is not RD’s authority to determine the genuiness of the
deed of conveyance (deed, not ODCT).
- It shall be a judicial function.
- In the case of Sps. Eduarte vs. CA, what was forged was
the Deed of Conveyance. Hence, it became a source of a
valid title.
- What is the status of the Certificate of Title you issued to the
forger? – It is VOID. Subsequent registration of a forger
conveys no title/void. Owner can still go against the forger.
Exception: “A forged deed may be a root of a valid title.”
Requisites:
1) That the registered owner DELIVERED or ENTRUST
the ODCT to the forger
2) Using the forged deed of conveyance, the forger
TRANSFERRED the property to his name.
3) While the Certificate of Title remains in the name of the
forger, the land is CONVEYED to an INNOCENT
PURCHASER FOR VALUE.
RULE:
• If Forged Deed of Conveyance: ownership may be
lost in favor of Innocent Purchaser for Value (IPV)
• If through forged Certificate of Title: ownership
cannot be lost in favor of IPV.
- If what is forged is the ODCT, the registration will
never be valid and always void and cannot be
source of a valid title.
- Because the surrendered ODCT must be
genuine, then forged ODCT does not give the
RD any authority to register as it is bound to
know the genuiness of the ODCT.
Remedy if ownership is already transferred:
1) Equitable remedy: reconveyance
2) Legal remedy: reopening of the case, etc.
3) Damages against the person who defraud or against the
insurance fund.
Note: As between two innocent persons, the one who should
suffer is the one who by act of confidence entrusted the
certificate of title and became the cause of forgery and not
the IPV.
Problem #1: Mr. B (thief) entered the house of X and stole
therein moneys and Owner’s Certificate of Title. He forged a deed
of conveyance. You as the RD, will you register it? – Yes, if the
property is registerable)
- Supposing B sold the property to Mr. C. Does C acquire
ownership? – No. Because the 1st requisite is not
present (the certificate was stolen, not entrusted).
Problem # 2: Supposing the owner entrusted the certificate to his
agent. The agent forged a special power of authority. – RD will
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Land Titles & Deeds
note at the back of the title that SPA executed by the registered
owner was in favor of his agent. The RD may issue certificate.
Question: Supposing the agent sold the property. Did the buyer
acquire a valid title? – No, because the buyer in the case bought
the property from the forger. The vendor is not the true and legal
owner of the property.
- Subsequent registration procured through a forged
deed is null and void.
- if you’re dealing with an agent, you should inquire if the
agent has the authority to sell (Sec. 53-Forged Deed),
and besides, it does not comply with the 2 nd requisite
(the forger did not use a forged deed of conveyance but
an SPA only).
Sec. 57 – Conveyances and Transfers
- duty of RD: ministerial and mandatory in character
Sec. 58 – Procedure where conveyance involves portion of
land
- If the land to be conveyed is for a part only of the land
described in the certificate, there should be a subdivision
plan according to Sec. 50.
Sec. 59 – Carry over of encumbrances
- Supposing the registered land was sold but was subject to
mortgage, will the buyer acquire ownership over the
property? – YES because mortgage creates only a lien or
encumbrance over the property. It does not operate as a
transfer of ownership.
- What would happen? – (Sec. 59) The encumbrance
shall be carried over EXCEPT when the mortgage is
simultaneously released o cancelled.
- Just pay the mortgage to have a clean title and
secure CERTIFICATE OF CANCELLATION OF
TITLE
Sec. 63 – Foreclosure of Mortgage
1) Judicial – a certified copy of the final order of the court
confirming the sale shall be registered
2) Extrajudicial – certified copy of sale executed by the officer
shall be filed with RD
- Pacto de retro is registered the same as mortgage
- It shall be under the name of the seller during the
period of redemption
- How is the vendee’s right registered? – By annotation of
memorandum of pacto de retro sale
- If without redemption and the period already expired? – it
will be consolidated to the vendee a retro
- What is the requirement? – Execute certificate of
consolidation if the period already expired
CHAPTER XI – INVOLUNTARY DEALINGS WITH
REGISTERED LAND – ATTACHMENT & OTHER DEALINGS
- The cooperation of the registered owner is not needed
- This is a provisional remedy ordering the sheriff to satisfy
obligation
- Attachment should be connected on levy on execution
- If you will be able to secure writ of attachment that is
registered in RD
- Security of payment

- Lien is created by levy (executed by the sheriff)
- E.g. eminent domain, lien based on unpaid taxes (real estate
tax), attachment or levy on execution
Residual value – balance of the value
- Attachment – issued at the beginning of the suit
- General ground: fraud
- Specific grounds:
1) If there is fraud in contracting an obligation, there
is a basis for filing an attachment
2) Defendant attempts to abscond or no longer
resides in the Philippines
- Attachment may be filed in the motion itself
- But can be filed later through a motion
Requisites of attachment:
1) There must be a trial
2) Court must issue an order of attachment
3) The applicant must file a bond
- Applicant must prove it
- Once it is granted, it will return to the court. It will be
approved by the court. Now, a writ of attachment shall be
issued by the clerk of court.
- The writ of attachment shall state the description of
property
- It shall be presented to the RD plus the order
Execution – happens when there is a judgment of the court – it is
already final and executor (not provisional)
- Lawyer file motion for execution; sheriff levy property
for execution
- Will be transformed into execution sale
- The attachment lien is deemed valid upon registration
- It shall be considered sufficient when it is entered in the
primary entry book.
- It shall be sufficient notice to 3rd party
- Can a property be subject to several attachments? – Yes, if
there are many creditors or if the owner has many debt.
- Is the presentation of owner’s title is necessary upon
registration of attachment? – No because it is involuntary
dealing
- RD will notify the owner; if the owner doesn’t want to submit,
just inform the court then the court shall issue an order to
submit OCT.
- If the owner still doesn’t want to submit, file a motion for
indirect contempt. In case of non-compliance, he shall
be placed in contempt.
- Supposing the property that has been attached is purchased
by a 3rd party, can the property be sold? – Yes, it’s the same
as mortgage. There is an attachment which would be carried
over to the certificate of title by the 3rd party.
- What happens to the right of a 3rd party? -He should
wait for the judgment if it is favorable or not favorable
before it is registered to his name
- Assume the decision is not favorable? – The property
will be sold in execution sale.
- What is the property (or right?) of the 3rd person – pay
the attachment credit or attachment lien to claim the
property
- How do you determine priority to the property of creditors? –
Through registration (date and time of the registration in the
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Land Titles & Deeds
primary entry book) – HE WHO HAS PRIOR
REGISTRATION HAS PRIORITY IN RIGHTS.
- First lien holder – senior lien holder
- subsequent lien holder – junior lien holder
- attachment lien does not satisfy the judgment itself. It will be
satisfied in the execution sale – attaching creditor have a
favorable judgment.
- The sheriff certificate of sale shall be registered
- The redemption period is 1 year from the date of registration
of sheriff’s certificate of title (Sec. 51)
- May a property of a 3d person be attached? – No, it is
beyond the jurisdiction of the court.
Note: Only the property of the defendant may be levied
- If sheriff wrongfully levied the property of others:
sheriff shall be liable
Sec. 74 – Enforcement of Liens on registered land
- Tax lien not necessary to be registered
- Only the tax sale is necessary to be registered
- Nature of Tax Sale: In Personam
- The notice of tax sale must be delivered to the delinquent tax
payer to be given opportunity to be heard – Constitutional
Requirement
- Notice should be by personal service/notice
- If no notice – sake is INVALID
- There shall be no presumption of regularity – SPS.
SARMIENTO VS. CA (GR No. 152627)
Requirements in Due Process of Law in Tax Sale:
1) Sps. Sarmiento vs. CA
- Spouses were not personally given notice – it is the
duty of public official who executed the tax sale to prove
that a personal notice is given
2) The date and time must be definite
- Otherwise violation of due process
- Supposing the date specified is: every Dec. 5 and year
after – not valid date – tax sale should be DEFINITE
3) Tax Sale should be registered
- Tax lien need not be registered but the tax sale must be
registered
- Registration is the operative act
- Redemption period – 1 year from the date of
registration
- If the certificate of sale is not registered – redemption
period will NOT run
Sec. 75 – Application for new certificate upon expiration of
redemption period
- Here, knowledge of the lawyer does not necessarily mean
amount to knowledge of the client
- Not imputable
- If not registered, the right of redemption will be expired
- the act of registration is the operative act of conveyance
(Sec. 50)
Who may redeem in execution sales: (page 384)
1) Judgment debtor
2) Successor in interest – includes the wife, children
3) Creditor having a subordinate lien

- Right to rentals – depends on who is in possession (page
385)
- If judgment debtor does not redeem – purchaser shall
keep the rental
- Period of redemption: 1 year
CHAPTER XII – REGISTRATION OF LIS PENDENS,
JUDGMENTS , PARTITIONS, ETC.
Sec. 76 – Notice of Lis Pendens
- Notice of pending suit or litigation
- Property is involved in a case (subject)
- Lis pendens is different from litispendencia
- Litispendencia – 2 cases involving same property –
judgment to the 1st shall bar to the continuation of the
2nd case – res judicata
- Shall be filed by the plaintiff
- Only for direct interest (does not apply to attachments,
levies of execution or to proceeding for the probate of
wills, or for administration of the estate of the deceased
persons in the RTC)
- It shall be deemed registered upon registration in the
day book or primary book
- Notice of lis pendens does not create a lien over the property
– creates only contingency and not a right or lien that does
not exist – the buyer is at his own risk in buying the subject
property (page 393)
- Lis pendens may be annotated by petition
- Lis pendens should be registered
- Best proof of lis pendens – attach the complaint
- How Notice of lis pendens is registered? – file a petition and
mention therein the pendency of the case
- Registration shall be made through memorandum
Registration of Lis Pendens
- YARED VS. ILARDE (337 SCRA 53)
- Registration is announcement to the whole world that a
particular property is in litigation
- Serves as warning that he who acquires interest in the
property does so at his own risk or gambles on the
result of the litigation
Instance Covered by Lis Pendens:
1) Accion publiciana
2) Action to quiet the title
3) Action to remove clouds over the title
4) Action for partition
N/A to the Following:
1) Attorney’s Fees
2) Interest of a child over the property of his parents
3) Commission of agents
Sec. 77 – Cancellation of Lis Pendens
Once annotated, it cannot be cancelled UNLESS:
1) There is court order – there must be notice and hearing
and the other party be duly notified by the motion
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Land Titles & Deeds
- 2 grounds for cancellation by court order:
1) If the purpose is molesting the adverse party
2) It is necessary to protect the rights of the party who
caused it to be recorded
- Grounds must be proved in hearing
3) The person who registered lis pendens submit a verified
petition to cancel (voluntary)
4) After final and executory judgment
- Effective upon entry in primary book
- No need to wait for actual annotation
Sec. 78 – Judgment for plaintiff
- What is registered here is the JUDGMENT
- If a judgment in favor of the plaintiff directs the other party to
convey the property to the plaintiff and the other party does
not want to do it – the clerk of court is given the
power/authority to sign the deed of conveyance
Sec. 80 – Execution of deed by virtue of judgment
- If failed to execute the deed of sale – the court may appoint
a trustee to execute instrument
Sec. 81 – Judgment of Partition
- Applicable when there is co-ownership
3 Modes of Putting end to co-ownership
1) Physical division (Sec. 50)
2) Co-owners assigned their respective shares to the other co-
owner (assignee)
Eg. A & B to C
3) Property sold to 3rd person
Sec. 84 – Judgment or order vacating insolvency
proceedings
- Property should be returned to the former insolvent debtor
Sec. 85 – Land taken by eminent domain
- Legal expenses shall be shouldered by the expropriating
authority
Sec. 86 – Extrajudicial settlement of estate
- Publication shall be proved by affidavit of publication
Sec. 87 – Filing of Letters of Administration of will
- Will shall be filed in the court
- Administrator – named in the will as administrator
- If no administrator is named in the will – court will appoint
one
- The order of appointment of administrator is also appealable.
CHAPTER XIII – TRANSMISSION BY DESCENT AND DEVISE
Devise – disposition of property by virtue of a will
- If there is a last will (testate) – executor
- If there is no will (intestate) – administrator
- Will must be duly probated – meaning an action must be
filed
- In last will and testament, the testator may assign an
EXECUTOR (you file for the probate will)

Note: Supposing estate during the pendency of the case may be
required to be sold to pay the legal fees who should execute it? –
The executor/administrator
- He must file a petition to sell the property of the
deceased
- Important: The executor should get from the court: (1)
Order AUTHORIZING the sale and (2) order
APPROVING the sale
- Without these 2 the sale is VOID
- Every stage of administration is APPEALABLE
- If there is only 1 heir – AFFIDAVIT OF SELF-
ADJUDICATION
CHAPTER IV – ASSURANCE FUND
– Part of registration fees go to assurance fund
– The liability of the assurance fund is only SECONDARY
– Meaning of damages – fair market value of the property at
the time of lost
– Prescriptive period – 6 years
CHAPTER XV – PETITIONS & MOTIONS AFTER ORIGINAL
REGISTRATION
Sec. 109 – Notice and replacement of lost duplicate
certificate
Note: File petition to replace ODCT, not reconstitution
- Will be replaced after petition
- There should be notice and hearing
Things that should be determined:
1) Jurisdiction
2) Whether ODCT is actually lost/destroyed
- if found out that the ODCT is not lost – new certificate is VOID
because the court has NO jurisdiction
Adverse claim
- a claim adverse to the registered owner
Note: The claim must arise after the original registration
- it is registered by a SWORN STATEMENT
- the basis may be: contract, loan or succession
- may not be registered if the land is not registrable
- In order for the property not to be sold to others – annotate
with it the adverse claim
- Then the next action is petition for the notice of lis
pendens
- If no case yet – file affidavit of adverse claim
- Affidavit should comply with Sec. 70
- If there is a case already – file notice of lis pendens (Sec.
70)
Note: annotation of adverse claim does not mean it is valid
- Adverse claimant is not an innocent purchaser for value
because he has knowledge of defects in his title
- Transaction must have direct bearing on title or interest, thus
claims cannot just be an adverse claim (N/A to commission
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Land Titles & Deeds
of agents, attorneys’ fees, interest of a child over the
property of his parents – it is only an INCHOATE right)
SAJONAS VS. CA (250 scra 79)
- Laws says that adverse claim is valid for a period of 30
days but it is NOT self-executory. There is still a need
for a petition to cancel the adverse claim
- Adverse claim will still be considered a lien over the
property.
Sec. 108 – Amendment & alteration of Certificate of Title
- Court order is necessary in amendment and alteration of
certificate of title
- Defects in the plan (boundaries) and point of references in
technical description may be corrected
- Eg. Minor-title; after he reaches the age of majority he can
ask for the correction of the certificate of title
Sec. 109 – Notice and Replacement of lost duplicate
certificate
- If ODCT is destroyed – he must file a petition for
replacement of ODCT
- ODCT must actually be lost or destroyed
- If it is NOT lost – replacement of certificate is VOID
- Court has no jurisdiction over the case (STRAIT TIMES
VS. CA)
- Lost file – affidavit of lost to be registered with RD
CHAPTER XVI – CADASTRAL REGISTRATION PROCEEDING
- Proceeding in rem
- Cadastral cost – a lien on the property – owner’s certificate
of title
- It shall not be transferred until fully paid
- Must include the whole area in the survey
- Cadastral court has no jurisdiction to decree again a
registered land
- 2nd decree is null and void
- Basis of judgment: publication
CHAPTER XVII – RECONSTITUTION OF LOST OR
DESTROYED TITLE
Sec. 110 – Reconstitution of lost or destroyed original of
Torrens Title
- If the OCT is lost – petition for RECONSTITUTION
- Ex. RD’s building was burned including the OCT
- Reconstitution – Restoration of instrument which is
supposed to be lost/destroyed in its original form and
condition.
- Publication: 2x
- if reconstitution is also lost – judicial reconstitution again
Purpose: to reproduce or restore
- All annotations should also be in the
reproduced/reconstituted certificate
Kinds of Reconstitution:
 Land Titles & Deeds

1) Judicial – in rem - These assessments if not paid may constitute as a lien if it is

a) File a petition before the RTC
b) Notice of petition be published at the expense of the
petitioner, 2x in Official Gazette and to be posted in the
entrance of the provincial/municipal hall where the land
is located
- HEIRS OF RAGUA VS. CA (324 SCRA 7)
- SC: failure to comply with the publication is fatal to
the jurisdiction of the court
registered
- What is the nature of lien? – in nature of a mortgage
- If the owner of a condo was not able to pay, his unit
shall be foreclosed (public sale for payment of
assessment)
- There is a right of redemption
- Each condominium unit is subject to taxes and tax on the
land

2) Administrative
- Requirements:
a) Substantial loss or destruction due to fire, flood, or
force majeure (force majeure shall be determined
by the LRA)
b) The total loss of destroyed is 10% in RD
c) The title lost of destroyed not be less than 500

- Source of the Certificate of Title: ODCT

REGISTRATION OF PUBLIC LAND

- Only citizens of the Philippines
- Indefeasible upon expiration of the date – BAGUIO VS.
REPUBLIC (361 Phil 374)

Note: 1 year period does not run against the government -

HERSE VS. MUN. OF CABUYAO (G.R. No. 166645, November
11, 2005)

1) Homestead Patent
2) Free Patent
3) Sales patent – by public bidding (12 hectares)
4) Special patents

- Prohibition of 5 years in homestead patent is MANDATORY

Actions against illegal issuance of patents

1) Reversion suits – not automatic; Solicitor General should file;
this is investigated by Director of LMB
2) Cancellation suit
3) Action for reconveyance

CONDOMINIUM ACT
- What is the concept?
- When it is subject to condominium act?
1) when the owner of the land are condominium
corporation
2) owners of the condominiums are considered
stockholders

- restriction to aliens is not applicable because it does not

include the land
- What is the rule? – aliens cannot own more than 40%
- Ownership of the land must be presented always when a
condominium owner registered it in his own name.
- Ownership of a condominium unit – interest: hallway, pool,
garden, land
- What is covered? – Condominium certificate of title
- Condominium project can be managed by condominium
officers – can issue resolutions for assessments (dues:
maintenance of common area, guard, taxes must be paid)

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