LAND TITLES and DEEDS Notes (Judge Serrano Lecture)

f.

LAND TITLES and DEEDS Private land ownership, the manifestation of which is the actual possession over the land. Such control, however, is only temporary and can only be effective while the person asserting ownership is in actual possession of the land and no one is successful in ejecting him therefrom.

4.

Registration – entry made in the registry which records solemnly and permanently the right of ownership and other interests.

Lands 1.

Land titles emanate from the State. Thus, a private individual can only acquire ownership over land by purchase from or grant by the government. (Regalian Doctrie; Art. XII, Sec. 2 & 3)

Classification a.

Movable/immovable;

b.

Private/public –determines mode of acquiring ownership;

c.

Four constitutional classifications i. Forest/timber

Exceptions: 1.

2.

ii. Mineral

Possession of land from time immemorial by the claimant or his predecessors-in-interest. Such possession raises the presumption that the property had been privately owned even before the Spanish occupation (Carino v Insular Government). Upholds what has been termed as “native title.”

iii. Agricultural lands  Only property categorized as agricultural lands are capable of private ownership. iv. National parks.

Ecclesiastical property. The King of Spain decided that he was not the ecclesiastical property. Thus, the US could not have entered ownership over such lands upon the cession of Spain.

d.

1.

Land – the solid part of the surface of the earth.

2.

Land title – evidence of the rights of the owner/extent of his interest and by which means he can assert control and has right to exclusive possession and enjoyment thereof. Deed – written instrument of conveyance of land, tenement, etc. Must contain: a.

Names of the grantor and the grantee;

b.

Words of grant;

c.

Description of the land involved;

d.

Signature of grantor;

e.

Attestation of two witnesses ;

Alienable and disposable land of the public domain Inalienable land of the public domain

Definition of Terms

3.

Notarial acknowledgment. (PD 1529, Sec 112)

e.

2.

Registered/unregistered land (already private lands).

Non-registrable lands a.

Those dedicated to general/public use;

b.

Lands devoted to public service;

c.

Public forests/timberlands/forest reserves;

d.

Navigable rivers, streams, and creeks;

e.

Lakes;

f.

Reservations;

3.

4.

g.

Coastlines;

h.

Grazing lands;

i.

Alluvial desposits when man-made;

j.

Lands already registered.

5.

Principles regarding registration a.

Registration MERELY CONFIRMS title to land. It does not grant the title.

b.

Does not validate an invalid document nor cure its legal defect. e.g. donation without acceptance

Legal Systems of Transferring Lands a.

Transfer of title from owner to owner (physical);

b.

Registration/recording of deed of conveyance;

c.

Judicial declaration of transfer.

fictitious deeds of sale c.

Not a mode of acquiring ownership

d.

Does not give a registrant a better right if registration in bad faith.

e.

Ineffectual if accomplished under the wrong system of registration.  Because a person who wishes to investigate the property would not be able to properly investigate the registration. Thus constructive notice does not apply.

Purpose and effects of registration a.

To quiet title to lands: Legards and Prieto v [something]. The primary purpose is to finally settle title to land except to claims raised and recognized at the time of registration or which may arise subsequent thereto.

f.

Immovable property and real rights can be subject of registration.

b.

To relieve lands of unknown liens or claims, just or unjust: Liens, claims, encumbrances must be noted on the Certificate of Title otherwise they would produce no effect.

6.

Modes of Acquiring Ownership. (Article 712, CC)

c.

To prevent fraudulent claims: Unless a claim is registered, you cannot pursue the same.

7.

Modes of Acquiring Title to Land

d.

To establish priority in rights: First registrant in good faith has priority right, better even than a person who purchased the property first.

e.

To create an indefeasible/imprescriptable title: Registration of title cannot be defeated by other proofs of ownership. Further, ownership can no longer be acquired by prescription or adverse possession.

f.

Notice to third persons: Constructive notice.

g.

To provide stability in land ownership: The establishment of a permanent assurance fund.

a.

Government grant Public land is transferred to a private individual by express or implied grant;

b.

Prescription/adverse possession A person in possession of land becomes the owner of property after 10/30 years of OCEAN possession (does not apply to registered lands);

c.

Accretion/accession The accessory follows the principal, anything produced/procured/attached to land belongs to owner of the land;

d.

Reclamation

 Registration = Notice

The method of filling submerged land and asserting title thereto. Only the government can assert ownership over reclaimed land

Notice = Knowledge Thus to such persons, the purpose of registration is more than accomplished. Actual knowledge prevents him from becoming an innocent purchaser for value (henceforth, IPfV).

 Chavez v PEA-AMARI 1.

Submerged areas; status Such areas cannot be transferred or conveyed. They remain inalienable until reclaimed AND classified as alienable land

2.

e.

Foreshore land (land which is submerged during high tide) is ALWAYS inalienable land of the public domain. But where reclamation is undertaken, the old foreshore land can become alienable land because it can no longer be validly considered foreshore land.

10. Land Registration Authority (LRA) a.

Functions and duties i. Issue decrees of registration;

Voluntary transfer

ii. Cause register of deeds (RD) to issue Certificates of Title (CoT);

Transfer of land by a legally prescribed form

iii. Resolve cases elevated en consulta;

Registration is necessary to transfer property

iv. Exercise executive supervision over court personnel viz registration of land;

Unregistered transfer does not affect 3rd persons; f.

Involuntary alienation;

g.

Succession.

v. vi. vii. viii.

8.

Torrens System of Land Registration

9.

Unregistered Sale/Mortgage of Real Property a.

Will not bind persons EXCEPT: i. The parties to the contract; ii. Heirs of contracting parties (relativity of contracts); iii. Third persons with actual knowledge/notice of the transaction

b.

Central repository of all registration decrees.

c.

Register of Deeds i. The duty of an RD to register registrable instruments (as per requirements of Sec 112 and 55 of PD 1529. (1) Public instrument; (2) Name and nationality of grantee must be stated) is ministerial; ii. Where the RD is presented with a registrable instrument, he MUST register the deed despite any knowledge of invalidity of the instrument. He cannot go beyond the four corners of the instrument presented to him.

11. Petition for registration of Land a.

Judicial proceeding;

b.

Proceeding in rem

 only applies to alienable and disposable lands of the public domain

i. Jurisdiction over the res is acquired by virtue of publication of the Notice of Initial Hearing ii. Binds all person and any judgment rendered therefrom binds the whole world. c.

Jurisdiction of RTC as a court of general jurisdiction and a land registration court no longer has distinction;

d.

Jurisdiction of first level courts in land registration/cadastral cases. i. Lots over which there is no controversy ii. Contested lots the value of which is not more than P100K.  This jurisdiction is delegated by the SC of the part of the RTC’s jurisdiction. Thus any appeal involving jurisdiction in a land registration/cadastral case is to the CA.

e.

 period of reckoning is now “since 12 June 1945.” and no longer “for thirty years.”

Modes of Land Registration i. Judicial Confirmation of Title (JCT) (Section 48(b), Public Land Act) 1.

Confirmation of incomplete title

2.

Ordinary land registration proceedings

3.

Cadastral proceedings  IPRA is not a distinct mode. It only gives the indigenous people the choice between (1) and (3).

 in rem proceeding, judicial in nature;  “... where titles have not been perfected or completed ...”

 Period of filing (Sec. 47): Up to 31 December 2020, proviso: applies only to application covering lands up to 12 hectares.  Who may file for JCT? 1.

Pinoys who have been in possession

2.

Private corporations/associations who acquired from private citizens.

3.

Natural born Pinoys who have lost their citizenship

 Allegations/conditions to be proven: 1.

Land applied for is alienable and disposable land of the public domain a.

Evidence necessary to prove land is alienable i. Presidential Proclamations/General Orders/Administrative Orders issued by DENR Secretary ii. Certification by the Director of Forestry iii. Legislative Acts: Republic v Vega - True copy/certification from the DENR Secretary of the original classification. iv. Survey plan (to identify the land) v. Technical description of the land

vi. Any proofs or evidence of the boundaries of the land. vii. Testimonial/documentary: Declaration should be that the land was alienable & disposable should be from 12 June 1845 or earlier. 2.

12. Private Corporations & Associations a.

Cannot Acquire alienable and disposable lands of the public domain. Can only lease for a period of 25 years (renewable for another 25 years) and only up to 100K hectares.

b.

A corporation, however, can obtain from a private person land which has already been segregated from alienable and disposable lands of the public domain.

Applicant has been in possession and occupation of the land in OCEAN since 12 June 1945. a.

Definition of possession and occupation The two terms are not synonymous. The applicant must not only be in constructive possession of the land. Actual possession is necessary.

b.

13. Ordinary/Voluntary Land Registration a.

i. Survey of the land  survey plan

Character of occupation

ii. Survey plan must be approved by the Land Management Bureau which issues the technical description of the land.

i. Open (i.e. Apparent)

iii. Filing of the application  Serve a copy of petition with the Director of the LMB.

ii. Continuous iii. Exclusive

iv. Setting of date of initial hearing  Notice of Initial Hearing (service by publication, mail, and posting)

iv. Notorious (i.e. Known among the inhabitants of the place)

v. Service of notice to contiguous owners

 When the conditions in 48(b) are met, the person acquires a right tot he issuance of a government grant by operation of law. The land ceases to be of the public domain and is beyond the power of the Director of Lands to dispose. 3.

Procedure (PD 1529)

vi. Oppositors may file Answer/Opposition vii. Hearing/Presentation of evidence viii. Promulgation ix. Court issues Order to LRA to issue Decree of Registration)

Applicant must also prove identity of the land. (Survey plan)

x. Entry of decree and issuance of CoT. xi. Transmittal to RD for recording

ii. Administrative Covers public lands where the grantee is given a land patent (e.g. sales patents, homestead patents, etc)

xii. RD to send notice to applicant b.

Who may file?

c.

Material and substantial allegations

vi. Must be proved by certification by Administrator and Sheriff concerned, affidavit of publisher, clippings, copy of the paper itself.

i. Description of land ii. Citizenship of applicant

g.

iii.

i. State all objections to the application

iv. Names and addresses of the occupants of the land and the adjoining land owners or the efforts exerted to discover the same.

ii. Person filing must claim an interest in the land.  Always seek an Order of General Default to declare in default all persons who did not appear at initial hearing.

v. Civil status. d.

h.

Where

ex parte presentation of evidence by applicant

Transactions pending registration

3rd persons lose their standing in court upon Order of Default

i. Allowed: Sale, mortgage, lease, etc. ii. No need for buyer to be substituted. Buyer need only file the Deed of Sale and ask the court to rule based on such Deed. f.

Default i. Effects

RTC (file all muniments of title) e.

Filing of opposition

ii. Remedy – Motion to Set Aside Motion for Reconsideration/Motion for New Trial/Petition for Relief

Initial hearing

Appeal

i. 45 to 90 days from Notice

 Under Sec 31 and 32 of PD 1529

ii. A mode of acquiring jurisdiction not only over the parties but also over the res.

Petition to ReOpen Decree of Registration

 likened to summons

Action for Reconveyance

iii. Hearing is necessary for procedural due process

Action for Damage

iv. Notice of initial hearing must be published once in OG and once in a newpaper of general circulation in the Philippines

Claim Against Assurance Fund

v. Two-fold purpose; 1.

To acquire jurisdiction

2.

To apprise the world of pending hearing

Action to Nullify Title of Registered Owner (if applicable) i.

Judgment i. Court may render partial judgment where only a portion is contested

ii. Must determine all conflicting claims of the parties

 Laches and prescription do not apply to land registration cases.

iii. Must consider: evidence reports of LRA and LMB iv. Confirm title of applicant j.

14. Petition to ReOpen (Sec 32) a.

Order

When a person is deprived of land, estate, or any interest therein, by a DoR by ACTUAL FRAUD.

i. Court shall issue an order for the issuance of the Decree of Registration (DoR) and CoT.

 exception: When an IPfV has already obtained the property or any interest therein

ii. No need for a Motion for Execution. The court itself issues the order. k.

 Actual fraud (Case of Heirs of Manuel Roxas): Intentional fraud by concealment or misrepresentation which prevents a party from participating in court or is kept from presenting its whole case.

Decree of Registration i. Must contain date, time, and hour of registration ii. Must state 1.

Name of the owner

2.

Civil status

3.

Description of the land

4.

Liens and ecumbrances, if any, in accordance with their relative priorities.

b.

“Decree of registration shall bind the land” i. The decree shall tie the land to the Torrens System ii. Decree of registration shall be conclusive upon all persons.  Rule 39 does not apply to land registration cases.

 Grant of reopening of decree is appealable.

15. Action for Reconveyance a.

When the land has been wrongfully registered under the Torrens System and for as long as title stands with the person who made such transfer to the prejudice of the former.

b.

Period: One year after the DoR.

c.

The action respects the title but seeks to transfer it to the rightful owner.

d.

Ordinary in personam civil action.

e.

Available only when the property has not been transferred to an IPfV. If it has, the remedy would be for damages.

m. May the Administrator refuse to issue DoR? i.

 To forestall any transfer to IPfV, file and register a Notice of Lis Pendens.

Yes, when there is already an existing DoR.

ii. Yes, when land subject of judgment is inalienable land of the public domain.

When One year from judgment ordering the decree of registration.

iii. Based on dispositive portion of judgment l.

Ground

f.

Filed with the RTC with territorial jurisdiction.

g.

Grounds:

a.

i. Contractual fraud: fraud which vitiates consent of party resulting in a voidable contract

i. Plaintiff has been wrongfully deprived of title ii. There has been no negligence on the part of the plaintiff

ii. Breach of an express trust

iii. Reconveyance is no longer available.

iii. Violation of implied or constructive trust iv. Void contract h.

Conditions:

iv. Action for damages has not prescribed. b.

Land has been transferred to an IPfV.

Defenses available to defendant: i. Prescription of action 1.

2.

Voidable contract – 4 years from date of discovery; registration, 4 years from registration (i.e. because registration is notice and therefore, registration is discovery) Express trust – will not prescribe for as long as title remains in the name of trustee or his assigns, etc.

3.

Void contract – does not prescribe as against the person responsible for the void contract.

4.

Implied/constructive trust – 10 years from issuance of CoT.  Proviso: 10 year period applies only when there is actual need for reconveyance. But where the person seeking reconveyance is in possession of the property, the 10-year-period does not run because the action in such a case is, in effect, an action for quieting of title which is imprescritible.  e.g. Marquez v CA Judge Serrano, “Eto yung kaso nung amang swapang.”

17. Innocent Purchaser for Value a.

Legarda v CA One who buys property of another without notice that another person has a right to or interest in the property and who pays full and fair price for the same at the time of the purchase or before he receives such notice of such right or claim. i. Good faith One who conscientiously abstains from taking undue advantage of another. ii. “purchaser” Refers as well to lease, mortgage, or encumberance for value (e.g. attaching creditor, levying judgment creditor) iii. “innocent”/ “purchaser in good faith” Refers to a person who has no notice or knowledge of the interest or right of another person iv. “purchaser for value” One who pays IN FULL (at the time of the sale or before notice of adverse interest) the FAIR PRICE of the property.  He who asserts IPfV must prove the same. Invocation of good faith cannot be relied upon.

16. Action for Damages

b.

A person can claim the status of IPfV by relying on the Original Certificate of Title found in the custody of the RD. If there is no claim, lien, or interest in the land noted on the CoT, then the person can claim IPfV status. (i.e. the Mirror Doctrine)

Answer: C has a better claim. In a sale, the buyer steps into all the rights and obligations of the seller. B, being an IPfV, had title which could not be defeated by A. Thus, C acquired the rights of an IPfV notwithstanding any actual knowledge of the adverse claim of A.

 Exception to the Mirror Doctrine: 1.

Spouses Mathay v CA The principle does not apply where the person has knowledge of facts and circumstances which would impel a reasonably prudent man to investigate further into the title of the seller. Otherwise, he is negligent and is precluded from invoking the status of IPfV.

2.

19. Subdivision and Consolidation of Title a.

Where the owner has his property subdivided into smaller lots. i. Administrative; owner files a request with RD with a subdivision plan and technical description. Each new lot would be covered by its own CoT.

Banks and Financial institutions – a bank’s business is so impressed with public interest that it cannot rely merely on the CoT. It must make its own investigation over the land.

ii. Types

18. Certificate of Title a.

Certificate of ownership issued by RD under TS registration naming and declaring the owner in fee simple of the property mentioned therein free from all liens and encumberances save those noted therein or provided for by law.

b.

Final and conclusive as regards matters contained therein.

c.

When there are two CoT’s in the name of 2 different people over the same piece of land

Subdivision

b.

1.

Simple: involves 7 or less subdivisions, approval of the Administrator

2.

Complex: involves more than 7, approval of the HLURB.

Consolidation Owner has several parcels of land under different CoT to be put under one CoT. Cannot be used for land-grabbing purposes.

20. Registered land cannot be subject to prescription

i. CoT with the earlier date shall prevail.

a.

Flows from the imprescriptibility of title.

ii. Where property has been subsequently transferred:

b.

Extinctive prescription: registered owner’s right to recover possession from an occupant does not prescribe.

c.

Who else can invoke imprescriptibility?

1.

“The better rule is to trace the original CoT’s from which the CoT’s in dispute were derived.” (Spouses Mathay v CA)

Problem: S sold property to B, B without notice of any claim over the property. B then sold the property to C who knew of a claim by A against S over the property. A claims against S & C.

Heirs of the registered owner. d.

Can laches be invoked against the registered owner? No. Laches cannot be set up to resist an imprescriptible right. (Heirs of Nieto v Meycauayan)

a.

From the moment when the registration is made, the whole world is considered as having knowledge of what the registration contains. Everyone is charged with the knowledge of the contents of the Book of Registration.

b.

A buyer is irrefutably presumed to have examined all pertinent records of the land sought to be purchased.

21. Collateral attacks a.

CoT cannot be subject to a collateral attack.

b.

Attack on a CoT can only be made i. S claims title v B claims title of S void in an ejectment suit  This is a collateral attack. While a court can provisionally determine ownership, any such determination cannot be used to nullify the title of S. It is only a provisional determination.

24. Obligations of a Prospective Buyer a.

While a person may rely on the OCT, he must i. Identify the person with whom he is dealing

ii. S v B in an accion publiciana

ii. Determine the status and condition of the property  Same as above.

1.

iii. S claims title of B is void v B claims title in an action to nullify title.

The TCT may be clean but the OCT may have been annotated with liens and encumberances.

iii. Exercise due diligence

 This is a direct attack. The ultimate goal is for the nullification of the title.

 Where a person who does not own a thing sells and delivers the same but later on gains title thereto, such title passes by operation of law.

Exception: In (ii), where S claims title but B files a counterclaim contesting that title, the counterclaim is considered a direct attack since the counterclaim is an independent action. (Case of Spouses Sacramento)

25. Right of preference (Sec. 56) 22. Voluntary Dealings a.

Sell, mortgage, lease, donate, convey, etc.

b.

Through the execution of Deeds/Contracts (comply with Sec 112 & 55, PD 1529 to be registrable). Such deeds and contracts are only proofs of authority to RD to effect registration. It is the act of registration which is the operative act to convey or affect the land as to 3rd persons.  But where a party has actual knowledge of the unregistered contract, the same shall be binding on him. Actual knowledge is equivalent to registration.

23. Constructive Notice

a.

RD will maintain a Primary Entry Book and all instruments will be recorded therein. The date, hour, and minute will be noted which shall be the time of registration. It is at such time that constructive notice is deemed made.

b.

The person whose registration is earlier would have preference over the land.

26. Requirements for registration a.

The deed/instrument/document must be sufficient in law (i.e. comply with 112 and 55).

b.

Deed of conveyance must be accompanied by owner’s duplicate CoT (ODCoT). Sec 71: Registered owner may be compelled to produce the ODCoT.

c.

28. Presentation of owner’s duplicate CoT. (Sec 53) a.

Serves as conclusive authority to make registration.

b.

Forged deed of conveyance. i. Forged deeds which are registered are null and void and do not convey title.

Full payment of registration fee.  By MOA, a certification from the BIR that the applicant has paid the necessary transfer taxes is required before registration may be allowed.

ii. A CoT mahy be issued to the forger since the act of registration is ministerial. For as long as the deed is registrable and is accompanied by a genuine ODCoT. iii. Forged deeds may nonetheless be the source of a valid title.

27. Requirement of citizenship a.

Where the title was transferred from the name of the true owner to the name of the forger and, subsequently, was transferred from to an IPfV.

Krivenko v Register of Deeds of Manila: Only public agricultural land may be alienated and only to qualified persons. i. Lands are classified as forest/timberland, mineral lands, and agricultural lands.

b.

 Eduarte v CA

Can a Filipino seller recover the property sold to a disqualified buyer (i.e. an alien)?

The doctrine that a forged deed may be the source of a valid title flows from the negligence of the real owner. While there may be two innocent persons, between the two of them, the one who made the fraud possible must bear the loss.

No. Doctrine of pari delicto. The property would be forfeited. c.

When are the qualifications determined? At the time of the transfer of rights, not at the time of registration.

d.

c.

Cannot be the source of valid title because it gives no authority to the RD to register the conveyance. The RD is conclusively presumed to know.

When an alien sells land to Pinoy, can there be recovery? No. The public policy sought to be served has already been accomplished.

e.

Filipino by naturalization? No recovery where acquisition was after naturalization. Where it was before or during the process of naturalization, recovery is possible.

f.

29. Conveyance/Transfer a.

Where conveyance is only of a portion: i. RD merely notes conveyance on OCT.

Where the sale is to a Pinoy in favor aliens? The sale is void.

Forged ODCoT

ii. Seller and buyer request for subdivision. b.

Sec. 59

Annotations on the OCT will be carried over to new OCTs arising from conveyances and transfers while the encumberance is subsisting.

i. Effect: creates a lien or an encumbrance on the property which follows the property. 1.

Lien: a charge on the property usually for the payment of some debt or obligation. A proprietary right which may be exercised over the property of another.

2.

Encumberance: burden upon land depreciative of its value which though adverse to the interest of the owner, does not hinder the right of the owner to transfer.

30. Double Sale (Art. 1544, CC) a.

Movable: first to take possession in good faith

b.

Immovable i. Person acquiring in good faith who first registers ii. In the absence of (i), ownership to person who first takes possession in good faith

ii. Once the order is entered into the Daily Book, the attachment is deemed registered.

iii. In default of either (i) or (ii), oldest title in good faith Exception:

 What if the property is made subject to several attachments/levies on execution?

 G.R. No. 171008, Fudo v Catleya. Where one sale is valid, the other is invalid, there is no double sale.

D holds title to a piece of land worth P20M subject to the following:

 If registration of one of the sale is accomplished in the wrong

1. In X v D, a Writ of Attachment for P8M was registered on 13 January 2002.

system. e.g. registration for registered land was made in the book for unregistered land.

2. In Y v D, a Levy on Execution for P5M was registered on 5 March 2005. 3. In Z v D, a Writ of Execution for P3M was registered on 30 January 2007.

 viz. PD 1529, 113(b): Any recording made under this section shall not prejudice a 3rd person who has a better right.

c.

The same property is sold by multiple vendors.

31. Involuntary dealings Transaction where the cooperation of the registered owner is not required. a.

Attachment/Levy on Execution

An execution sale was conducted in August 2009 to satisfy the Writ of Execution in favor of Z. Since the judgment for Y is already final and executor, can the property be sold in execution sale? 1. The determination of preferential right is not by the date of execution sale but the date of the registration of encumberance or lien. 2. The property can be sold in an execution sale but what can be purchased is merely the right of redemption since they are merely junior lien holders. As such, any execution sale in favor of the senior lien holder (i.e. X) would retroact to the date of the registration of the attachment. 3. Thus, Y and Z can be paid their judgment credits by exercising their right of redemption and then turning around to another seller.

2.  Notice to counsel of a previous lien does not taint the right of the client to whom it was not communicated.

b.

To bind a purchaser of the land to the judgment or decree which may be issued.

v. Cancellation

Tax sale

1.

By plaintiff upon verified petition.

2.

By court order after hearing where the annotation is found to be only for the molestation of the property owner or where the annotation is not needed to protect the rights of the claimant.

The delinquent taxpayer can only be deprived of his property if he is served with the Notice of Sale. Cannot effect the rights of other lien holders. d.

Affidavit of Adverse Claim (Section 70) i. Claim adverse to registered owner

 Period of redemption will not run until the registration of the Certificate

ii. Claim arose subsequent to original registration

of Sale.  In involuntary dealings, the registered owner would not surrender the ODCoT. Remedy? Depends on the nature of the principal action:

iii. No other provision in PD 1529 is sufficient to protect the claim (i.e. the claim for one reason or another cannot be litigated yet).

1. Where the property is intimately related to the principal action, remedy is a mere motion with the same court to direct the RD to cancel the title of the registered owner.

iv. Can be cancelled in 30 days but such cancellation must be made through a Petition for Cancellation. (Sajonas v CA)

2. Where the property is not related to the principal action, as in when the property is acquired through execution sale, remedy is to file a separate Petition to Cancel ODCoT. (Sec. 107)

c.

Lis Pendens

32. Petition for Replacement of Lost or Destroyed ODCoT a.

File an affidavit of loss

b.

Procure a certified true copy from the RD

c.

Loss or destruction must be proved otherwise the order and the replacement ODCoT will be null and void.

i. Pending suit or litigation ii. An announcement to the whole world that the subject real property is under litigation. A warning that anyone who takes an interest does so at his own risk. iii. Can only be availed of in cases under Sec 156. Does not need a court order, simply file a request with the RD. iv. Two-fold purpose 1.

Property subject of the litigation will remain under the power of the court.

33. Petition for Reconstitution a.

OCT in the custody of the RD was lost or destroyed.

b.

Reconstitute title in its original form.

c.

2 modes: i. Judicial (RA 26) 1.

Just like original registration

2.

Enumeration of proofs in Secs. 2 & 3 is exclusive.

ii. Administrative (RA 6723) 1.

Substantial loss or destruction due to fire, flood, or other force majeure as determined by LRA.

2.

Number of CoT lost or destroyed at least 10% of the total number in the custody of the RD.

3.

In no case is the number of CoT lost or destroyed is less than 500 certificates.

4.

Only source of reconstitution is ODCoT.