Land, Titles, and Deeds Reviewer
February 6, 2017 | Author: Victoria Denise Monte | Category: N/A
Short Description
Land, Titles, and Deeds Reviewer...
Description
Land, Titles, and Deeds I. Land Registration in the Philippines A. History 1521 – 1898 (Spanish Colonization) -‐ Introduce the Regalian Doctrine. “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated.” – Art. XII, Sec. 2 of the 1987 Constitution Regalian Doctrine was introduced in the Law of Lands (?) 1. Spanish Mortgage Law – registration of Titles 2. Maura Law – compulsory registration Under US Colonization Philippine Commonwealth acts as legislative body in the Philippines Philippine Bill of 1902 a. All land is placed under the Government of the Philippines b. Allows the government to enact laws disposing public lands (e.g. sales of public lands (?), judicial confirmation of title) Laws Enacted under the Philippine Bill of 1902: 1. Land Registration Law (Act No. 496, February 1, 1903) a. Torrens System “A system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title.” “Generally, the Torrens system refers to the system of registration transactions (?) with interest in land whose object is, under governmental authority, to establish and certify to the ownership of an absolute and indefeasible title to reality, and to simplify its transfer.” • as the scheme in registration of land • named after Sir Robert Torrens (1857) • Register of Deeds (ROD) b. Allowed the Judicial Confirmation of Imperfect Title (JCIT) c. Created the Court of Land Registration and Registry of Deeds 2. First Public Land Act (Act No. 926, October 7, 1903) “Voluntary Registration” a. Allowed judicial and administrative confirmation of imperfect title b. Introduced homestead patent c. Sale and Lease 3. Cadastral Law (Act No. 2259, February 13, 1913) “It is a compulsory registration of lands initiated by the government” 4. Act No. 2347, July 1914 “It created the Court of First Instance (CFI) and General Land Registration Office (GLRO), which, under it, is the Registry of Deeds (ROD) 5. Second Public Land Act (Act No. 2847, 1919) “It limited the registration to Filipino Citizens and Agricultural Lands” Laws Enacted under the 1935 Constitution: 1. Public Land Act (Act No. 441, December 1, 1936) “It is the general law to be applied in the registration of land. 2. RA 1151, 1957 “Abolished GLRO and created the Land Registration Commission (LRC) 3. PD 892, 1976 “Disallowed the use of Spanish Title as evidence of ownership.” 4. Property Registration Decree (PD 1529, June 11, 1978) “Original Land Registration Decree (OLR) Reviewer
Land, Titles, and Deeds
1
5. 6.
EO 469, 1981 “NLTDRA” Memorandum Circulars, September 30, 1988) “Land Registration Authority (LRA) • It is the agency of the government charged with the efficient execution of the laws relative to the registration of lands, and is under the executive supervision of the Department of Justice. The authority is headed by an administrator and is assisted by two deputy administrators, all of whom are appointed by the President of the Philippines upon recommendation of the Secretary of Justice. • Functions of the Authority: o Extend speedy and effective assistance to the Department of Agrarian Reform (DAR), the Land Bank, and other agencies in the implementation of the land reform program of the government. o Extend assistance to courts in ordinary and cadastral registration proceedings; and o Re(?): the central repository of records (CRR) relative to original registration of lands titled under the Torrens System, including subdivision and consolidation plans of titled lands.
Register of Deeds (ROD) The officer of the Register of Deeds constitutes a public repository of records of instruments affecting registered or unregistered land and chattel mortgages in the province or city wherein such office is situated. Ministerial Character of Duty to Register Instrument Sec. 10 of PD 1529 “It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. He shall see to it that said instrument bears the proper documentary and science stamps that the same are properly cancelled. If the instrument is not registrable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of this Decree.” B. Purpose of Land Registration 1. To avoid possible conflicts of title in and to real property, quiet title of land, to put a stop forever to any question of the legality of the title. 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 impel a reasonable cautious man to make such further inquiry. 3. To protect the owner of the land from acquisitive prescription. C. Lands Capable of Being Registered; Non-‐Registrable Properties Classification of Lands 1. Under the Constitution a. Alienable and Disposable Lands of Public Domain i. Agricultural ii. Industrial, Commercial, and Residential iii. Education and Charitable Purposes iv. Reservation for town sites and for public and quasi-‐public purpose b. Forest c. Mineral 2. Under the Civil Code a. State i. Public Dominion (land which are for public use, public service, and development of the national wealth) ii. Patrimonial Property b. Private Property Lands Capable of Being Registered: 1. Private Land 2. Public agricultural land to which claimants have acquired imperfect or incomplete title within the contemplation of Sec. 48 of Commonwealth Act No. 141 3. Disposable public lands to which no one has acquired imperfect title disposed by homestead, administrative legislation (free patent), sale, donation, exchange, and lease. Reviewer
Land, Titles, and Deeds
2
Non-‐Registrable Properties 1. Those devoted to general public use 2. Those devoted to public service and for development of national wealth 3. Forest or timberlands, public forest, forest reserves 4. Mangrove swamps 5. Mineral lands 6. Foreshore land and seashore 7. Navigable rivers, streams and creeks 8. Lakes 9. Military reservations 10. Other kinds of reservations (Townsites Reservation) 11. Watershed 12. Grazing lands 13. Previously Titled Lands 14. Alluvial deposit along river when man-‐made II. Land Registration Proceedings -‐ it is an action in rem, which will bind third persons and a notice to the whole world. A. Judicial Mode 1. Kinds 1.1 Original Land Registration (OLR) Section 14 PD 1529 Who may apply? The following persons may file in the proper Court of First Instance (CFI) an application for registration of title to land, whether personally or through their duly authorized representatives: (1) Those who by themselves or through their predecessors-‐in-‐interest have been in open, continuous, exclusive, and notorious possession and occupation (OCEN poss. & occ.) of alienable and disposable land of the public domain under a bona fide claim of ownership (good faith) since June 12, 1945, or earlier Case: Republic vs CA –Naguit Case The more reasonable interpretation of Section 14(1) is that it merely requires the property sought to be registered as already alienable and disposable at the time the application for registration of title is filed. If the state, at the time the application is made, has not yet deemed it proper to release the property for alienation or disposition, the presumption is that the government is still reserving the right to utilize the property, hence, the need to preserve its ownership in the state, irrespective of the length of adverse possession even if in good faith. However, if the property has already been classified as alienable and disposable, as it is in this case, then there is already an intention on the part of the State to abdicate its exclusive prerogative over the property. To prove that the land subject of an application for registration is alienable, an applicant must establish the existence of a positive act of the government such as a presidential proclamation or an executive order; an administrative action; investigation reports of Bureau of Lands investigators; and a legislative act or a statute. VESTED RIGHT Where the applicant had already fulfilled all the required requisites to register the land or his name; simply stated, he already acquired vested right over the land, he may still register title under the Torrens System though the subject land was subsequently classified as forest land. Reviewer
Land, Titles, and Deeds
3
(2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. Case: Heirs of Malabanan vs Republic Prescription is one of the modes of acquiring ownership under the Civil Code. There is a consistent jurisprudential rule that properties classified as alienable public land may be converted into private property by reason of open, continuous, and exclusive possession of at least 30 years. With such conversion, such property may now fall within the contemplation of “private lands” under Section 14(2), and thus susceptible to registration by those who have acquired ownership through prescription. Thus, even if possession of alienable public land commenced on a date later than June 12, 1945, and such possession had been open, continuous, and exclusive, then the possessor may have the right to register the land by virtue of Section 14(2) of PD 1529. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. It is clear under the Civil Code that where lands of public domain are patrimonial in character, they are susceptible to acquisitive prescription. *Ownership of real property may be acquired by: 1. Ordinary prescription of 10 years, which requires ? 2. Extraordinary prescription of 30 years ? (3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. (4) Those who have acquired ownership of land in any other manner provided for by law. Where the land is owned in common, all the co-‐owners shall file the application jointly. Where the land has been sold under pacto de retro, the vendor a retro may file an application for the original registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings. 1.2 Judicial Confirmation of Imperfect or Incomplete Titles (JCIT) The applicant must prove that: a. the land is alienable and disposable public land and b. his possession and occupation must be in the manner and for the period prescribed by law, or since June 12, 1945. Applicable provisions; amendments 1. Sec. 48, Public Land Act, original provision “in bona fide possession since July 26, 1894” 2. RA 1942, June 22 1957 “shortened the period of possession to at least thirty years immediately preceding the filing of the application” 3. RA 3872, June 18, 1964 “added a new section recognizing rights of cultural minorities to be entitled to the same rights granted… suitable to agriculture, whether disposable or not, bona fide claim of ownership for at least 30 years” 4. PD 1073, January 25, 1977 “has reverted period of possession to June 12, 1945” 5. RA 9176, November 13, 2002 “The latest extension of the period -‐ up to December 31, 2020 -‐ in order to register Who may apply? 1. Filipino Citizens 2. Aliens a. Natural born citizens of the Philippines who have lost their Philippine Citizenship, who have acquired disposable and alienable lands of the public domain from Filipino Citizens who had possession over the same in the same manner and for the same length of time indicated therein. Reviewer
Land, Titles, and Deeds
4
3.
-‐ -‐
Limitation: can only acquire up to 5000 sq. m in urban areas and 3 hecatres in rural areas for commercial and industrial; and 1000 sq. m in urban areas and 1 hectare in rural areas for residential. b. Succession – compulsory heir c. Aliens who has acquired the land before the effectivity of the 1935 constitution (Nov. 15 (?), 1935) d. Aliens who were Filipino at the time of acquisition Private Corporations or Associations a. Those which acquired lands, formerly part of the alienable and disposable lands of public domain, from Filipino Citizens who had possessed the same in the manner and or the length of time indicated therein b. Those which acquired the lands before the effectivity of the 1973 constitution (Oct. 16, 17, 18 (?), 1973) the constitutional prohibition do not apply to public lands already converted into private ownership by natural persons under the provisions of the Public Act. Technically, the private corporation will just resell the property to Filipino citizens for registration then back to the corporation.
Non-‐Resident Applicant. If the applicant is not a resident of the Philippines, he shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines, giving his full name and postal address, and shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant with the Philippines, the applicant shall forthwith make another appointment for the substitute, and, if he fails to do so, the court may dismiss the application. Reclaimed Lands. It does not automatically become alienable and disposable; there must be first an express classification from the government. Exception: if a private individual or entity who conducted the reclamation under BOT (build, operate, transfer) contract, the property becomes a patrimonial property of the state. 1.3 Cadastral Proceedings It is a compulsory registration of lands initiated by the government. It is when in the opinion of the President of the Philippines that public interest so requires that title to any unregistered lands be settled and adjudicated. 2. Jurisdiction A. Exclusive Jurisdiction Regional Trial Court (RTC) have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. (PD 1529) B. Delegated Jurisdiction MeTc, MTC, and MCTC may be assigned by the SC to hear and determine cadastral and land registration cases covering lots where: a. There is no controversy or opposition or contested lots b. The value of land does not exceed P100000.00 (BP 129 Judiciary Reorganization Act of 1980 as amended by RA 7691) 3. Procedure from filing of application until judgment Petition must be notarized As provided in Sec. 15 of PD 1529, the application for land registration shall be in writing, signed by the applicant or the person duly authorized in his behalf, and sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each. Document as annexes 1. SURVEY PLAN it may be on tracing cloth, blue print, or white print as long as it is a clear, convincing, and strong evidence 2. TECHNICAL DESCRIPTION OF LOT duly certified by the Regional Technical Director (RTD) 3. Certificate from geodetic engineers 4. Tax declaration or certificate of assessment Reviewer
Land, Titles, and Deeds
5
5. Muniments of title Notice of initial hearing OLR/JCIT CADASTRAL (Voluntary) (Involuntary, Government Initiates) PD 1529 Section 23. Notice of initial hearing, Act No. 2259. The notice of initial hearing is publication, etc. addressed to all individual person appearing to The Court shall, within 5 days from filing of the have an interest in the lands involved and the application, issue an order setting the date and adjoining owners so far as known, and to all hour of the initial hearing which shall not be whom it may concern. earlier than forty-‐five days nor later than ninety days from the date of the order. Absent specific provisions in PD 1529 governing notice of the initial hearing of the The public shall be given notice of the initial petition in Cadastral proceedings, the pertinent hearing of the application for land registration provisions of the Cadastral Act, which are not by means of (1) publication; (2) mailing; and inconsistent with said decree, should be (3) posting. applied. 1. By publication 1. By publication Upon receipt of the order of the court Sec.7. Upon receipt of the order of the setting the time for initial hearing, the court setting the time for initial Commissioner of Land Registration hearing of the petition of the shall cause notice of initial hearing to Administrator of the LRA shall cause be published once in the official notice thereof to be published twice, in gazette and once in a newspaper of successive issues of the official general circulation in the Philippines: gazette, in English language. Provided, however, that the publication in the official gazette shall be sufficient to confer jurisdiction upon the court. Purpose of publication: a. to confer jurisdiction over the land applied for upon the court, and b. to charge the whole world with knowledge of the application of the land involved, and invite them to take part in the case and assert and prove their rights over the property subject thereof. Publication over bigger lot: as if no publication at all and it confers no jurisdiction over the court; Publication over smaller lot: it confers jurisdiction only up to the smaller lot published. Exception: Bonin Case – wherein the unpublished lot is immaterial therefore the court acquires jurisdiction even to the unpublished area. 2. By mailing a. Mailing of notice to persons named in the application. The commissioner of LRA shall also, within 7 days after publication of said notice in the official gazette, as hereinbefore provided, cause a copy of the notice of initial hearing to be mailed to every person named in the notice whose address is known. b. Mailing of notice to the secretary of public highways, the provincial governor, and the mayor. If the applicant requests to have the line of a public way or road determined, the Commissioner of LRA shall cause a copy of said notice of initial hearing to be mailed to the secretary of public highways, to the provincial governor, and to the mayor of the municipality or city, as the case may be, in which the land lies. c. Mailing of notice to the secretary of agrarian reform, the solicitor general, the director of lands, the director of public works, the director of forest development, the director of mines, and the director of fisheries and aquatic resources. 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 otherwise appears from the application or the proceedings that a tenant-‐farmer or the national government may have a claim adverse to that of the applicant, notice of the initial hearing shall be given in the same manner to the secretary of agrarian reform, the Reviewer
Land, Titles, and Deeds
6
3.
solicitor general, the director of lands, the director of mines, and/or the director of fisheries and aquatic resources, as may be appropriate. By posting The commissioner of LRA shall also cause a duly attested copy of the notice of initial hearing to be posted by the sheriff of the province or city, as the case may be, or by his deputy, in a conspicuous place on each parcel of land included in the application and also in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated, 14 days at least before the date of initial hearing. The court may also case notice to be served to such other persons and in such manner as it may deem proper.
PD 1529 Section 24. Proof of publication and notice. The certification of the commissioner of LRA (now administrator of LRA; ALRA) and of the sheriff concerned to the effect that the notice of initial hearing, as required by law, has been complied with shall be filed in the case before the date of initial hearing, and shall be conclusive proof of such fact. Proof of Publication – certification from ALRA Proof of Mailing – certification from ALRA; and Proof of Posting – certification from sheriff. Exception: Such certification cannot, however, be conclusive proof of the fact of publication and/or posting, if the certification is made even: 1. Prior to the actual publication of the notice or release for circulation of the official gazette; or 2. Prior to the completion of the 14-‐day period of actual posting of such notice. PD 1529 Section 19. Amendments. Amendments to the application including _____________ substitution, or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms. Amendments, which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land, shall be subject to the same requirements of publication and notice as in an original application. Amendment can be made at any stage. Requirement of republish in order for the court to acquire jurisdiction in 3 instances: 1. Substantial change in boundaries 2. Increase in area 3. Additional land Opposition to application in ordinary proceedings The interested party to the land subject of registration may file his opposition to the application on or before the date of initial hearing. It must be a verified opposition. However, failure to verify said pleading is not sufficient to divest the party from his standing in court. The court, instead of dismissing his opposition outright, may allow the oppositor to verify his opposition. Sec.25 of PD 1529 provides: Any person claiming an interest, whether named in the notice or not, may appear and file an opposition on or before the date of initial hearing, or within such further time as may be allowed by the court. The opposition shall state all the objections to the application and shall set forth the interest claimed by the party filing the same and apply for the remedy desired, and shall be signed and sworn to by him or by some other duly authorized person. If the opposition or the adverse claim of any person cover only a portion of the lot and said portion is not properly delimited on the plan attached to the application, or in case of undivided co-‐ownership, conflicting claims of ownership or possession, or Reviewer
Land, Titles, and Deeds
7
overlapping of boundaries, the court may require the parties to submit a subdivision plan duly approved by the director of lands. The oppositors The oppositor to an application for registration may not be named in the notice of initial hearing. He must claim an interest to the property applied for, based on a right of dominion or some other real right independent of, and not at all subordinate to, the right of the government. The oppositor does not have to show title in himself; he should, however, appear to have an interest in the property. Contents and Form of Opposition The opposition shall state: 1. All the objections to the application 2. Set forth the interest claimed by the oppositor 3. Duly signed and sworn to by him or by his duly authorized representative Declaration of default • General Default Absent any oppositor, the court will issue an order of default pursuant to Sec. 26 of PD 1529 which reads: If no person appears and answers within the time allowed, the court shall, upon motion of the applicant, no reason to the contrary appearing, order a default to be recorded and require the applicant to present evidence. By the description in the notice, “To all whom it may concern”, all the world are made parties defendant and shall be concluded by the default order. Where an appearance has been entered and an answer filed, a default order shall be entered against persons who did not appear and answer. • Special Default It is where an oppositor has already filed with the court an opposition based on substantial grounds but failed to appear in the initial hearing. It is improper, even illegal, to declare him in default simply because he failed to appear at the initial hearing. Motion to dismiss opposition It is based on the following: 1. Lack of jurisdiction 2. Res judicata Hearing/Trial The parties are: 1. Applicant 2. Oppositor 3. Government Who has the burden of proof? The applicant must show incontrovertible evidence. He must prove: (a) That the land applied for has been declassified from the forest or timber zone and is a public agricultural land, is alienable and disposable, or otherwise capable of registration; (b) Identity of land; (c) His possession and occupation thereof for the length of time and in the manner required by law; (d) The basis of such claim by submitting his muniments of title or whatever evidence to support the same, if he claims private ownership not because of his possession. Reviewer
Land, Titles, and Deeds
8
Specific Evidence A. Proofs that the land has been declassified from the forest zone, is alienable or disposable, and is registrable. 1. Presidential proclamation; 2. Executive order; 3. Administrative order issued by Secretary of DENR; 4. BFD Land Classification Map; 5. Certification by the Director of Forestry; and reports of district Forester; 6. Investigation reports of Bureau of Lands investigator; 7. Legislative act or by statute. B. Proofs of Identity of Land 1. Survey plan in general; 2. Tracing cloth plan and blue print copies plan; 3. Technical description of land applied for, duly signed by Geodetic Engineer; 4. Tax declaration; 5. Boundaries and area. C. Proofs of Private Ownership 1. Spanish titles, in pending cases; 2. Tax declaration and realty tax payments; 3. Presidential issuances and legislative acts; 4. Other kinds of proof, like, testimonial evidence and deeds of sale. Section 27. Speedy hearing; reference to a referee. The trial court shall see to it that all registration-‐proceedings are disposed of within 90 days from the date the case is submitted for decision. The court, if it deems necessary, may refer the case or any part thereof to a referee who shall hear the parties and their evidence, and the referee shall submit his report thereon to the Court within 15 days after the termination of such hearing. Hearing before a referee may be held at any convenient place within the province or city as may be fixed by him and after reasonable notice thereof shall have been served the parties concerned. The court may render judgment in accordance with the report as though the facts have been found by the judge himself: provided, however, that the court may in its discretion accept the report, or set it aside in whole or in part, or order the case to be recommitted for further proceedings. Judgment It was provided for in PD 1529 that: Section 28. Partial judgment. In a case where only a portion of the land subject of registration is contested, the court may render partial judgment provided that a subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said court. Section 29. Judgment confirming title. All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court. If the court, after considering the evidence and the reports of the Commissioner of LRA and the director of lands, finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming the title of the applicant, or the oppositor, to the land or portions thereof. Finality of judgment and order to issue decree Section 30. When judgment becomes final; duty to cause issuance of decree. The judgment rendered in a land registration proceedings becomes final upon the expiration of 30 days to be counted from the date of receipt of notice of the judgment. An appeal may be taken from the judgment of the court as in ordinary civil cases. (The finality of judgment as above provided by the decree has been modified to the lapse of 15 days counted from receipt of the notice of judgment; as provided for by PB? 129) After judgment has become final and executor, it shall devolve upon the court to forthwith issue an order in accordance with section 39 of this decree to the commissioner for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration. Reviewer
Land, Titles, and Deeds
9
Period of appeal The period of appeal shall be reckoned from receipt of the decision, within 15 days before the judgment becomes final. Receipt of judgment by solicitor general, not by fiscal, binds the government. Example: Date of Receipt Judgment becomes final Applicant Jan. 1 Jan. 17 Oppositor Jan. 8 Jan. 24 SolGen Jan. 15 Jan. 31 • Notwithstanding the lapse of the 15 day period from receipt of judgment by the parties, the court continues to retrain control of the case until the expiration of 1 year after the entry of decree of registration by the LRA. Whether or not res judicata will apply? • In OLR, res judicata will apply. • In JCIT, res judicata will NOT apply. Remedies An aggrieved party may take any of the remedies available in law to challenge the judgment in a land registration case or the validity of title issued pursuant thereto. Before the judgment becomes final 1. Motion for reconsideration Ground: error committed by the court in interpreting the facts of the case and the law. 2. New trial Grounds: a. fraud, accident, mistake, or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired of his rights; b. newly discovered evidence, which he could not, with reasonable diligence, have discovered, and produced at the trial and which, if presented, would probably alter the result; c. award or excessive damages, or insufficiency of the evidence to justify the decision or that the decision is against the law. After rendering judgment but before judgment becomes final 3. Appeal Laws applicable are PD 1529 and Rule 41, 45, and 65 of Rules of Court Appeal to the Court of Appeals is taken by simply filing a notice of appeal with the lower court within 15 days from receipt of said judgment of order by counsel of the aggrieved party. However, appeals to the appellate court in the exercise of its appellate jurisdiction are by petition for review. And petition for certiorari under rule 65 on the ground of grave abuse of discretion amount to lack or excess of jurisdiction. Example: Jan. 1, 2011 Jan. 14, 2011 Feb. 5, 2011 Date of receipt Motion for reconsideration Denial of MR/NT, Another 15 days period to or New Trial Date of order perfect an appeal (fresh period) 4. Relief from judgment Grounds: when a judgment or order is entered, or other proceedings is taken against a party in RTC through fraud, accident, mistake, or excusable negligence, a party may file a petition in such court and in the same cause praying that the judgment, order or proceeding be set aside. Reviewer
Land, Titles, and Deeds
10
The petition must be verified and filed within 60 days after the petitioner learns (receipt) the judgment, order, or other proceeding, and not more than 6 months after such judgment or order was entered or such proceeding was taken. Only a party that is either the applicant or the oppositor may avail of the remedy. 5. 6.
Annulment (Rule 47 of Rules of Court) Grounds: extrinsic fraud and lack of jurisdiction • Other remedies are no longer available. Petition for review A petition for review must be filed not later than 1 year from and after the date of the entry of such decree of registration. Unless, upon the expiration of said period of 1 year, the decree of registration and certificate of title shall become incontrovertible. Limitation: well in no case shall such petition be entertained by the court where an innocent purchaser for value or buyer in good faith has acquired the land or an interest therein, whose rights may be prejudiced. Who may file a petition? Any person who were deprived of their opportunity to be heard in the original land registration. Essential requisites for the reopening or review decree: 1. Petitioner has a real and dominical right; 2. He has been deprived thereof; 3. Through fraud; 4. Petition is filed within 1 year from issuance of the decree and in respect to a review of the judgment, from rendition thereof; and 5. The property has not yet passed to an innocent purchaser for value.
Writ of Possession • It is a mere post-‐judgment ________ _________ adjudicating ownership to a successful applicant impliedly carries with it the delivery of possession if he is deprived thereof because the right of possession is inherent to right of ownership. • A motion for writ of possession may be filed by the winning party. • The sheriff, upon the order of the court, shall implement the writ of possession for the eviction of any person in the property. • Limitation: it is a settled rule that when parties against whom a writ of possession is sought have been in possession of the land for at least 10 years, and they entered into possession apparently after the issuance of the final decree, and none of them had been a party in the registration proceedings, the writ of possession will not issue. • Reason for the limitation: because they cannot be ousted without giving them their day in court in proper independent proceedings. • Proper remedy of the successful applicant: a separate action for unlawful detainer or entry, or for reivindicatory action, as the case may be. • When there is refusal to vacate the property despite the writ, the proper remedy is for the sheriff who implemented the writ to avail himself of the public force (resorting help from police or tanod), had it been necessary to resort thereto. • If subsequent to such dispossession or ejectment, the losing party “enters” or attempts to enter into or upon the property, then and only then may be the loser be charged with and punished for contempt. • Writ of demolition is against the property. It is a consequence of writ of possession. Reviewer
Land, Titles, and Deeds
11
Decree of Registration It is pursuant to the order of the court that the LRA prepares and issues a decree of registration. 1 year after the decree has been entered in the books of registry, it becomes incontrovertible or indefeasible. Duty of the administrator of LRA to issue decree The duty of the land registration officials to issue the decree of registration is ministerial in the sense that they act under the orders of the court and the decree must be in conformity with the court judgment and with the date found in the record. They have no discretion. However, if they are in doubt upon any point in relation to the preparation and issuance of the decree or if there was an apparent mistake or error that can invalidate the title, they are duty bound to refer the matter to the court. They act in this respect as court officials and not as administrative officials. The administrator is thus not legally obligated to issue the decree where he finds that subject land has already been decreed and titled in another’s name. And he could not be compelled through mandamus because the issuance of the decree is part of the judicial function of courts and not a mere ministered act. General Rule: The decree becomes incontrovertible or indefeasible after the lapse of 1 year from the date of entry and it cannot be attacked. It may be set as a defense. Exception: a. when there is a previous valid title; b. non-‐registrable land; c. expanded area; Situations where a person cannot invoke the incontrovertibility of the decree: a. action for reconveyance, it is when another person has registered the property through fraud or mistake giving rise to implied trust; b. validity of TCT. B. Administrative Mode Land Patents: Kinds ??? Homestead Patent Free Patent Sales Patent Residential, industrial, ? ? With bidding Without bidding RA 730, June 30, 1952 Citizenship Any Filipino Natural Born Filipino Any Filipino Citizen Any Filipino Citizen Citizen Age Over the age of 18, or Lawful age Over 18 years old head of the family? Head of the family Land ownership Does not own more than Does not own more Purchase agricultural Not owner of a home 12 hectares of land in than 12 hectares of land lot in the municipality the Philippines or has land in which he resides not had the benefit of any gratuitous allotment of more than 12 hectares of land since the occupation of the Philippines by the US Residence Resided continuously At least 30 years (at None Who has in good faith for at least one year in least from March 8, established his the municipality where 1960) prior to the residence on parcel of the land is situated effectivity of this land of the public amendatory act domain of RP which is (March 28, 1990), has not needed for public “continuously” COC? service Cultivation Must have “cultivated” “occupied” and 1. If agricultural Agricultural: 1/5 at least 1/5 of the land cultivated, either by land: Reviewer
Land, Titles, and Deeds
12
applied for
Limitation in area restrictions
12 hectares Not subject to encumbrance or disposition within 5 years from the date of issuance. The patent is deemed issued upon the promulgation of the order for issuance thereof by the Director of Lands. Limitation: except in favor of the: a. government b. or ? 1.
himself or through his P-‐I-‐N a tract of agricultural public land subject to disposition, who shall have paid realty tax thereon
12 hectares Same
Required to have at least 1/5 of the land broken and cultivated within 5 years from the date of award 2. If for residential, commercial, industrial: “after” he shall have completed the construction of permanent improvement s appropriate for the purpose for which the land is purchased within 18 months from the date of award 12 hectares None
1000 sq.m. None
Reviewer
Land, Titles, and Deeds
13
View more...
Comments
