LAND TITLES & DEEDS

LAND REGISTRATION Purposes: 1. To quiet title To provide a means of publication Ways of Registering Title 1. Judicial filing of petition with the court decree OCT 2. Administrative filing of petition with the DENR or the Director of Lands patent OCT 2 Kinds of Registration Proceedings 1. Original securing of title for the first time (OCT) 2. Subsequent registration after the original registration (OCT TCT) Kinds of Original Registration 1. Ordinary voluntary registration Kinds: a. Under P.D. No. 1529 b. Under Sec. 48(b) of CA No. 141, as amended 2. Cadastral compulsory registration initiated by the government. involuntary registration Original Registration Proceeding proceeding brought before the Regional Trial Court (land registration court) to determine title or ownership of land on the basis of an application for registration or answer by a claimant in a cadastral registration. Systems of Registration 1. Registered lands under the Torrens system 2. Unregistered lands under Act No. 3344 and P.D. No. 1529 TORRENS SYSTEM a system for registration of land under which, upon the landowners application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. Purposes: 1. To avoid possible conflicts of title in and to real property; and 2. To facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further, except when the party concerned has actual knowledge of facts and circumstances that

should imply a reasonably cautious man to make such further inquiry. TORRENS TITLE certificate of ownership issued under the Torrens system of registration by the government, through the Register of Deeds, naming and declaring the owner in fee simple of the real property described therein, free from all liens and encumbrances except such as may be expressly noted thereon or otherwise reserved by law. it is conclusive against the whole world, including the government, and to a holder thereof in good faith it is guaranteed to be indefeasible, unassailable, and imprescriptible. Probative Value: Torrens Title may be received in evidence in all courts of the Philippines, and shall be conclusive as to all matters contained therein, principally the identity of the owner of the covered land thereby, except so far as provided in the Land Registration Act. Administration of the Torrens System 1. Land Registration Authority (LRA) agency of the government charged with the efficient execution of laws relative to the registration of lands. 2. Register of Deeds (RD) the public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is located. The function of the Register of Deeds with reference to the registration of deeds, encumbrances, instruments and the like is ministerial in nature (Baranda vs. Gustilo, 165 SCRA 757) Instances when RD may deny registration: 1. Where there are more than 1 copy of the owners duplicate certificate of title and not all such copies are presented in the Register of Deeds 2. Where the voluntary instrument bears on its face infirmity 3. Where the validity of the instrument sought to be registered is in issue in a pending court suit 4. When the document is not verified and notarized 8 MODES OF ACQUIRING TITLES: (PREPA2ID) 1. Public grant based on the Public Land Acts 2. Reclamation filling up of parts of the sea for conversion to land. The SC has ruled that only the National Government may engage in reclamation projects. (Republic vs. CA; P.D. 3-A.) 3. Emancipation patent or grant based on P.D. No. 27

2.

4. 5. 6. 7. 8.

Private grant or voluntary transfer Adverse possession or prescription Accretion Involuntary alienation E.g. eminent domain/expropriation Descent or devise

Registrable Lands: 1. Public agricultural lands 2. Private lands Non-registrable lands: 1. Those found in Civil Code provisions dealing with non-registrable properties (e.g. property of public domain) 2. Specific kinds of non-registrable properties or lands: a. Forest or timberland, public forest, & forest reserve b. Mangrove swamps c. Mineral lands d. Foreshore land & seashore e. Navigable rivers, streams & creeks f. Lakes g. Military Reservations h. Watershed i. Grazing lands j. Previously titled land k. Alluvial deposit along river when man-made 13 1. 2. 3. 4. STEPS IN ORDINARY LAND REGISTRATION PROCEEDINGS: (SFSTP-SFH-PIEST) Survey of the land by the Bureau of Lands or a duly licensed private surveyor; Filing of Application for Registration by the applicant; Setting of date for initial hearing by the court; Transmittal of Application and date of initial hearing together with all documents or other evidences attached thereto by the Clerk of Court to the Land Registration Authority; Publication of Notice of Filing of Application and date and place of hearing once in the Official Gazette and once in a newspaper of general circulation in the Philippines; Service of Notice upon contiguous owners, occupants and those known to have interest in the property by the sheriff; Filing of Answer or Opposition to Application by any person whether named in the notice or not; Hearing of the case by the court; Promulgation of judgment by the court; Issuance of decree by the court declaring the decision final and instructing the Land Registration Authority to issue a Decree of Confirmation and Registration;

11. Entry of Decree in the Land Registration Authority; Note: This serves as the reckoning date to determine the 1-year period from which one can impugn the validity of the registration. 12. Sending of copy of Decree to the corresponding Register of Deeds; and 13. Transcription of Decree in the registration book and issuance of Owners Duplicate Original Certificate of Title of the applicant by the Register of Deeds upon payment of the prescribed fees. Applicable to proceedings under P.D. No. 1529 and in the judicial confirmation of imperfect title under sec. 48(b) of the Public Land Act, as amended (C.A. No. 141) A certificate of title issued without fully complying with the above requisites is thus illegal and invalid and may be cancelled by the courts. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE Applicants: 1. Filipino citizens who by themselves or through their predecessor-in-interest have been in open, continuous, exclusive and notorious possession and occupation of: a) alienable and disposable lands of public domain under bona fide claim of acquisition since June 12, 1945 or prior thereto b) agricultural lands of public domain under a bona fide claim of acquisition of ownership, for at least 30 years or at least since January 24, 1947 2. Private corporations or associations which had acquired lands from Filipino citizens 3. Natural-born citizens of the Philippines who have lost their citizenship, who have acquired disposable and alienable lands of public domain from Filipino citizens What Applicant Must Prove: 1. That the land is alienable and disposable land of public domain; and 2. Possession and occupation must be for a length of time and in a manner and concept stated in Sec. 48 (b) of the Public Land Act. Specific Evidence: A. Proof that land is alienable, disposable and registrable (Director of Lands vs. Buyco) 1. Presidential proclamation 2. Executive Order 3. Administrative Order issued by the DENR

5.

6. 7. 8. 9. 10.

B.

4. Bureau of Forest Development Land Classification Map 5. Certification by Director of Forestry 6. Investigation reports of Bureau of Lands 7. Legislative act or statute Proof of identity of land 1. Survey plan in general 2. Tracing cloth plan and blue print copies of plan 3. Technical description of the land 4. Tax declarations 5. Boundaries and area Original Survey of the land must be approved by the Director of Lands Filing of Application 1. RTC original jurisdiction converted into a land registration court 2. MTC principle of delegated jurisdiction cases filed with the RTC may be endorsed to the MTC for hearing and trial, provided that: a) The amount involved does not exceed P100,000.00 b) There is must be no controversy Persons Who May Apply for Registration: (Sec. 14, PD No. 1529) 1. 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; 2. Those who have acquired ownership of private lands by prescription under the provisions of existing laws; 3. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion; and 4. Those who have acquired ownership of land in any other manner provided for by law. Publication, Mailing, and Posting Requirements (PMP) mandatory and jurisdictional requirements 1. Publication Official Gazette and newspaper of general circulation Purposes: 1. To confer jurisdiction over the land applied for upon the court 2. To charge the whole world with knowledge of the application of the land involved 2. Mailing Mailing of the Notice of Hearing

Administrator of Land Registration Authority shall cause a copy of the notice shall cause a copy of the notice of initial hearing of the application to the mailed to the following: a. Every person named in the notice whose address is known b. Secretary of DPWH, Provincial Governor, and Mayor of the municipality or city, as the case may be in which the land lies if applicant requests to have the line of a public way or road determined c. Secretary of DAR, Solicitor General, Director of Land Management, Director of Mines and/or Director of Fisheries and Aquatic Resources, as the case may be, if the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from the application that a tenant-farmer or the national government may have a claim adverse to the applicant. 3. Posting Posting of the copy of the Notice of Hearing duty of the Sheriff must be made for 14 days before date of initial hearing, in conspicuous places Note: Certification by the LRA and the sheriff that the requisite publication and posting have been complied with is conclusive proof of such facts. Service of Notice upon contiguous owners indispensable lack of service constitutes extrinsic fraud Answer or Opposition adverse claimants must set forth in their answer all their objections to the application and must claim that title should instead be issued to them. the supporting evidence is the same as that required of an original applicant Hearing the court may either: 1. hear the parties and their evidence; or 2. refer the case or any part thereof to a referee or commissioner. Because of the Regalian Doctrine, the burden of proving interest in the land is incumbent upon the applicant. evidence may be testimonial or documentary, e.g. survey plan, tracing cloth plan, and other muniments of title. Muniments of title: instruments or written evidences which applicant holds or possesses to

enable him to substantiate and prove title to his estate. Judgment the court has 2 duties: 1. Render judgment, declare the same final, and cause the decisions entry; and 2. Order the LRA to issue decree of registration. The court decision is reduced into a compact statement. The court may reverse its decision even after the LRA has already issued the decree of registration, provided that such decree has still not been entered in the LRA records. Duties of the LRA: 1. Issue a decree of registration; 2. Enter the decree in its records; 3. Send copy of the decree to the Register of Deeds. The RD issues the certificate of title. DECREE OF REGISTRATION issued by the LRA Contents: 1. date , hour, minute of entry 2. signature of the LRA Administrator 3. whether the owner is married or unmarried, and if married, the name of the husband or wife CERTIFICATE OF TITLE issued by the RD true copy of the decree of registration Probative value: best evidence of ownership of registered land Attributes and Limitations: GENERAL RULE: Every registered owner receiving a certificate of title in pursuance of registration and every subsequent purchaser taking a certificate for value and in good faith shall hold the same free from all encumbrances. EXCEPTIONS: 1. Those noted on the certificate 2. Liens claims or rights arising or existing under the laws and the Constitution, not required to appear of record in the Register of Deeds to be valid 3. Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of the right over the land by an innocent purchaser for value 4. Any public highway, or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does nit state the boundaries of such 5. Any disposition of the property or limitation on the use thereof pursuant to

P.D. 27 or any other law or regulations on agrarian reform Indefeasibility of Certificate of Title GENERAL RULE: Upon expiration of 1 year from and after the entry of the decree of registration in the LRA, the certificate of title becomes incontrovertible and indefeasible. EXCEPTIONS: 1. If previous valid title of the same land exists 2. When land covered is not capable of registration 3. When acquisition of certificate is attended by fraud Annotations in the certificate of title, however, are not conclusive and indefeasible. Doctrine of Non-Collateral Attack of Decree or Title a decree of registration cannot be subject to collateral attack after the lapse of 1 year from the entry thereof in the LRA. CADASTRAL REGISTRATION Procedure: 1. Cadastral survey 2. Filing of petition 3. Publication of Notice of Initial Hearing in Official Gazette 4. Filing of Answer 5. Hearing of the case 6. Decision 7. Issuance of Decree and Certificate of Title P.D. No. 1529 CADASTRAL 1. Nature of Registration Voluntary Compulsory 2. Applicant Landowner Director of Lands 3. Lands Covered Usually involves all classes of lands are private land; it may included also refer to public agricultural lands if the object of the action is confirmation of an imperfect title 4. Parties Applicant and landowners must come opponent to court as claimants of their own lands 5. Purpose petitioner comes to government asks the court to confirm his court to settle and title and seeks the adjudicate the title of registration of the land the land in his name 6. Person who Requests the Survey Landowner Government 7. Effect of Judgment

No adverse claim; if the applicant fails to prove his title, his application may be dismissed without prejudice (no res judicata)

if none of the applicants can prove that he is entitled to the land, the same shall be declared public (res judicata)

3. By mistake, omission or misdescription

in a certificate or owners duplicate, or in any entry or memorandum in the register or other official book. LAND PATENTS Kinds: 1. Homestead patent 2. Free patent 3. Sales patent 4. Special Patents Restriction on Alienation/Encumbrance of Lands titled Pursuant to Patents: 1. Lands acquired under free patent ar homestead patent is prohibited, except if in favor of the government 5 years from and after the issuance of the patent or grant 2. Transfer or conveyance of any homestead after 5 years and before 25 years after issuance of title without the approval of the Secretary of DENR RECONSTITUTION OF CERTIFICATE OF TITLE The restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition. Kinds: 1. Judicial 2. Administrative - may be availed of only in case of: a) Substantial loss or destruction of the original land titles due to fire, flood, or other force majeure as determined by the Administrator of the Land Registration Authority; b) The number of certificates of title lost or damaged should be at least 10% of the total number in the possession of the Office of the Register of Deeds; c) in no case shall the number of certificates of title lost or damaged be less than P500; and d) Petitioner must have the duplicate copy of the certificate of title. (RA 6732) Note: The law provides for application thereof to cases immediately preceding 1989. retroactive 15 years

Other Matters Within the Jurisdiction of Cadastral Courts: 1. To declare the property subject of the proceeding public land, if there are no successful claimants 2. To order the correction of the technical description of the land 3. To resolve the priority of overlapping titles 4. To adjudicate lands already covered by certificate of title, where there exists serious controversy as to the certificates authenticity vis--vis the land covered therein REMEDIES OF AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS 1. New Trial 2. Relief from Judgment 3. Appeal 4. Petition for Review 5. Action for Reconveyance 6. Action for Damages 7. Action for Compensation from Assurance Fund 8. Cancellation Suits/Annulment of judgment 9. Quieting of title 10. Criminal Action Requisites for Entitlement to Compensation from the Assurance Fund: a. Claimant, who must be an owner, purchaser or encumbrance in good faith, suffered actual damage by the loss of the land or interest therein; b. No negligence is attributable to him; c. Loss or damage suffered was not occasioned by breach of trust or any mistake in the resurvey of subdivision of the registered land; d. Claimant is, by provisions of the Land Registration Act, barred or in any way precluded from bringing an action to recover the land or interest therein, or from obtaining compensation direct from the person responsible; e. Action to recover from the Assurance Fund has not prescribed; and f. Loss or damage was due to any of the following: 1. Through the omission, mistake or misfeasance of the Clerk of Court or Registrar of Deeds; 2. By registration of any other person as owner of such land;

When the duplicate title of the landowner is lost, the proper petition is not reconstitution of title, but one filed with the court for issuance of new title in lieu of the lost copy. SUBSEQUENT REGISTRATION where incidental matters after original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest.

Dealings with registered lands: 1. Voluntary a. Sale b. Real Property Mortgage c. Lease d. Pacto de retro sale e. Extra-judicial settlement f. Free patent/homestead Registration of Voluntary Instruments a. Instrument must be in a form sufficient in law Nationality of the applicant is an important qualification. b. Presentation of the deed or instrument c. Presentation of the Certificate of Title d. Certificate Authorizing Registration, as issued by the BIR proof of payment of capital gains tax and documentary stamps Entry in the Primary Entry Book The date of registration is material for purposes of Art. 1544 of the CC re: double sales. f. Payment of prescribed fees 2. Involuntary a. Attachments i. preliminary attachment ii. garnishment iii. levy on execution b. Registration of sale of land on execution, or for taxes, or for any assessment c. Adverse Claim Requisites for Registrability: i. adverse to registered owner ii. arises after original registration iii. cannot be registered under any other provisions of the Land Registration Act. If annotated in the certificate of title, it cannot be cancelled without court order. d. Notice of Lis Pendens When Applicable: i. to recover possession of real estate ii. to quiet title thereto iii. to remove clouds upon title thereof iv. for partition v. any other proceeding of any kind in court directly affecting the title to the land or the use or occupation thereof or the building thereon. When Inapplicable: (PAPAL) i. proceedings for the recovery of money judgments ii. attachments

iii. proceedings on probate of wills iv. administration of estate of deceased persons v. levies on execution e. Foreclosure

the the

UNREGISTERED LANDS 1. Voluntary and involuntary instruments affecting unregistered land must also be registered; 2. With respect to voluntary instruments, it is the registration thereof that makes them binding as even as against third persons; and 3. A party to such instrument may, when proper, resort to the remedy of consultas. Sale of Unregistered lands: a. There must be a deed or instrument of conveyance b. There must be an agreement to register the land under the Torrens System with the RD Even without registration, the contract is valid and binding upon the parties thereto alone and not upon third parties without notice. However, as to third parties, knowledge is tantamount to registration.

e.