Land Titles and Deeds
Short Description
Land Titles and Deeds Notes with Bar Questions Compiled...
Description
LAND REGISTRATION REGISTRATION NOTES WITH WITH BAR QUESTIONS QUESTIONS 2007
LAND TITLES & DEEDS DEEDS CONCEPT OF LAND REGISTRATION
TITLE – evidence of the owner’s right or extent of interest, by which which he can maintain maintain control control and as a rule rule assert assert right right to exclusive possession and enjoyment of property
MODES OF ACQUIRING LAND TITLES& '( "itle "itle by publ public ic gran grantt – conv convey eyan ance ce of public public land land by government to a private individual +ex& C76!
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2CONC!" O# "$"%& '()o '()ode de** act act that that give givess you you owne owners rshi hip p +li +liee -./0 -./0-. -.1 1 of CivilCode 2("itle* cause of the mode( $n order for such mode to have full tit le, a re3uirement should be followed(
+a $s title to registered land subject to prescriptionANo, because no title to registered land in derogation derogation to that of the registered owner shall be ac3uired by prescription or adverse possession( possession( "his is due to the fact hat one it is registered under the "orrens system? it operates as a notice t the whole world( veryone is bound by it(
-blue4.& title recogni5es the concept of native title+$!67 law,Cru5 v C7,and C7,and according according to $!67 law& native+pre* native+pre*spani spanish sh con3uest con3uest title need not be registered and that land never become public and accords to indigenous people a right of self delineation +and that an indige indigenou nouss concep conceptt of owners ownership hip is that there there exist exist priva private te ownership but remains collective
+b>ow +b>ow about about the right of the register registered ed owner owner to recover possession, is it e3ually imprescritibleABes( "he right right to as for recov recoveya eyance nce from from anothe anotherr who who is holding it is e3ually imprescriptible( "he reason is that, possession is a mere conse3uence of of ownership( +c7N #6>O%8 9"7" – a right short of title a( Estate for years – years – le ase for a period agreed upon, lessor retains ownership of land b( Tena Tenanc ncyy from from peri period od to peri period od – lease runnin running g from from month month to month month or year year to year with automatic renewal c( Tenan Tenancy cy at will – person is permitted to occupy land of another without stipulation as to period
-blue4.&land under the sea cannot be alienated since it is not agricultural land( -blue4.&land cannot be sold to private corp +it can only be leased and land can be sold only to !ilipino citi5ens only(
-( 3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES: '( !roduc !roductio tion n 0 delive delivery ry of deed by grantor grantor to grantee grantee without registration 2( 6ecording 6ecording of of deed of of conveyance conveyance to to bind ;rd ;rd persons persons ;( 6egi 6egist stra ratio tion n of title title
"itle "itle by accreti accretion on – allu alluviu vium m +refer +refer to to !roper !roperty ty %aw %aw 76&9ubs 76&9ubse3uent e3uently ly to the original original registratio registration n of a parcel of land bordering a river, its area was increased by a ccession( "his additional area was not included in the technical technical descriptio description n appearing appearing on the "orrens "orrens Certificate of the "itle having been ac3uired subse3uent to the registratio registration n proceeding proceedings( s( )ay such additional additional area be ac3uired by third persons through prescriptionA >%8& Bes( Bes( 9ince the law refers to registered lands, the accession mentioned in this 3uestion may be ac3uired by a third person through adverse possession or ac3uisitive possession( $t is not protected by the "orrens system(
-blue4.&grantee must must be atleast identified but it is not necessary that grantee must sign the deed or the title(
1.
"itle "itle by ac3uis ac3uisiti itive ve prescr prescript iption ion@adv @advers ersee possessi possession on – open, continuous, exclusive, notorious possession of a property +but land must not be registered,since if it is, then prescription will not prosper( >owever, laches and not prescription will run against registered owner
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"itle "itle by recl reclam amati ation on – fillin filling g of subme submerg rged ed land land by deliberate act and reclaiming title thereto? government "itle "itle by volun voluntar tary y tran transf sfer er – priv privat atee gran grant? t? volun voluntar tary y execution of deed of conveyance "itle "itle by invo involun luntary tary alien alienatio ation n – no consen consentt from from owner owner of land? forcible ac3uisition by state "itle "itle by desc descent ent or or devise devise – hered heredita itary ry succe successi ssion on to the the estate of deceased owner
LAND REGISTRATION REGISTRATION NOTES WITH WITH BAR QUESTIONS QUESTIONS 2007
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"itle "itle by eman emancip cipatio ation n patent patent or or grant grant – for for purpo purpose se of amel amelio iora ratin ting g sad sad plig plight ht of tenan tenant* t*fa farm rmers ers?? not not transferable except by hereditary succession TORRENS SYSTEM OF LAND REGISTRATION
PROCEDURE IN LAND R EGISTRATION EGISTRATION : '(
9urv 9urvey ey of land land by ure ureau au of %ands %ands or duly duly lice licens nsed ed priva private te surveyor+su surveyor+survey rvey not mode of ownershipD ownershipDmerely merely delineation delineation of possession
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#iling #iling of of appli applicati cation on for for regi registr strati ation on by by appli applicant cant 9etting 9etting of date date of of initial initial hearing hearing of appli applicat cation ion by by 6"C 6"C Cler Cler of court court to tran transm smit it to %and %and 6egist 6egistrat ration ion 7utho 7uthority rity +%67 +%67 the application, date of initial hearing 0 other pertinent docs
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!ublic !ublicati ation on of notice notice+by +by %67 %67 of of filing filing of of applic applicatio ation, n, date date 0 place place of hearing – in O: and in newspaper of general circulation Eune Eune '1,2FF/ '1,2FF/ 76 )7"" )7""6& 6& !ublic !ublicatio ation n is a jurisd jurisdicti ictiona onall re3uirement re3uirement,, as such ,absent ,absent of publication cannot confer title( +-blue4.
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9ervic 9ervicee of notice notice – cont contigu iguous ous owne owners, rs, occu occupant pantss 0 those those who who have have interest in property
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#iling #iling of answer answer or opposi opposition tion to applic applicatio ation n > ea ea ri ri ng ng of of ca ca se se by by 6" 6"C !rom !romulg ulgati ation on of judg judgme ment nt by court court $ssuance $ssuance of decree decree by 6"C – decision? decision? $nstruct $nstruct %67 to to issue issue decree decree of confirmation 0 registration ntry of of decree decree of regist registration ration in in %and "itles "itles 7dmini 7dministratio stration n 9endin 9ending g of copy copy of decr decree ee to 6egis 6egister ter of 8eeds 8eeds +6O8 +6O8 "ran "ransc scri ript ptio ion n of decr decree ee of regi regist stra ratio tion n in regis registr trati ation on boo boo 0 issuance issuance of the owner’s duplicate duplicate original certificate of title of the applicant by the %67 * upon payment of prescribed prescribed fees
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4blue95:i 5&! "#$ #ll#%e' $i$le i( ee)$i*e
R EGISTRATION EGISTRATION guarantees the title and it is an act of enrolling it into a public record or it is a mere specie of notice(
6egistration is different from 6ecording+registration of evidence in that latter merely records records deeds deeds of conveyance conveyance and and other instruments w@o guaranteeing the title( -blue4 -blue4.& .& torren torrenss system system is judici judicial al in nature nature 0 conclu conclusiv sivee as agains againstt the world world,as ,as such such title title is indefea indefeasib sible le and canno cannott be defeated by prescription( %and registration registration is a proceeding proceeding in rem( $t re3uires re3uires constructive constructive sei5ure of the land as against al persons, including the 9tate, who have rights to or interests in the property( 7n in rem proceeding is validated essentially through publication( "his "his being being so, the the process process must strictl strictly y be complie complied d with( with( Otherwise, persons who may be interested or whose rights may be adversely affected would be barred from contesting an application which they had no nowledge of( 7s has been ruled, a party as an owner seeing the inscription of realt realty y in the the land land regi regist stra ratio tion n cour courtt must must have have prov proved ed by satisfactory and conclusive evidence not only his ownership hereof but the identity of the sale , for he is in the sa me sit uation as one who institutes an action for recovery of realty( >e must prove his title against the whole world( "he elemen elementary tary norms of due due process process re3uire re3uire that that before before the claimed property is taen from concerned parties and registered in the name of the applicant, said parties must be given notice and opportunity to oppose(
2( >eirs 0 de vi vise es es ;( !ers !erso ons wit with h actu actual al not notic icee 76&)ay the owner of a building constructed on an unregistered land land belong belonging ing to anothe anotherr apply apply for for the regist registrati ration on of such such building under the %and 6egistration 7ct ad !(8( !(8( No( '.24A +'414ar >%8& No, because !(8( No( '.24 applies only to registration of land( "he registration of the land may include the building, but the building cannot be registered independently independently of the land( "o protect protect his intere interest, st, the owner owner of the land should should file an opposition or answer to the application for registration and a s that his right over the building be annotated on the title( 76&7 is the owner of a parcel of unregistered land( >e sold it to in '44F( "he land was not not transf transferr erred ed in ’s ’s name( name( "he document was not also registered( $n '44', he was sued by C for a sum of money( money( "he court rendered rendered judgment judgment holding holding a liable, liable, hence, the land was levied upon and sold by the sheriff to C who was the highest bidder( etween and C, who is the owner of the propertyA >%8& >%8& is the owner owner of the land, land, even if the sale to C was registered( "his is so because at the time of the sale by the sheriff to C, 7 was no longer the owner as he had already sold it to ( registration of instrument s affecting unregistered land is without prejudice to a third party with a better ri ght( "he mere registration of a sale in one’s own own name does not give him any right right over the land if the vendor was not anymore the owner of the land, having previously sold the same to somebody else e ven if the earlier sale was unrecorded( 76&%8& $t is the person holding holding under the prior prior certificate certificate who is entitled to the land as against the person who relies on the second certificate( certificate( Gnder the !roperty !roperty 6egistration 6egistration 8ecree +!(8 +!(8(( No( '.24, upon the expiration of one year from the issuance of the entry entry of the decree decree of regist registrati ration on,, the said said decree decree and the certificate certificate shall become incontrov incontrovertible ertible and indefeasible indefeasible(( +9ec( ;2( ;2( "his "his provi provisio sion n also also applies applies to titles titles ac3uir ac3uired ed throu through gh homestead patents(
+AR MATTER .UNE /0'122 1 # #e )l6i6"$(:
76&etwe 76&etween en two +2 sets of claimants claimants of real property property,, those those claiming ownership by ac3uisition prescription, and those asserting ownership on the basis of a deed of sale recorded in the certificate of the vendor as mortgagee and the highest bidder in a foreclose sale, who has a better rightA >%8& "he latter has a better right, hence, the one who claims to have been in possession for ;F years does not enjoy recognition( !rescription does not run against registered land( Gnder 9ec( -/, !(8( No( '.24, no title to register shall be ac3uired by prescription or adverse possession( 7 title, once registered, cannot be defeated even by adverse, open and notorious possession( "he certificate of title issued is an absolute and indefeasible evidence of ownership of the property in favor of the person whose name appears therein( $t is binding and conclusive upon the whole world( 7ll persons must must tae tae notic noticee and and no one one can can plead plead ignor ignoran ance ce of the the registration( +>eirs of %eopoldo Hencilao, Er( vs( C7, et al(, :(6( No( '2;/';, 7pril '441, 4; 4; 9C78 ;;4(
C#7O%"e(8i: PURPOSE OF R EGISTRATION EGISTRATION& 3uiet title to land – once registered, owner owner might might rest secure secure +curtain +curtain principleDa principleDany ny 3uestions 3uestions are closed or 3uiet by registration( PERSONS +OUND ,-EN TITLE NOT R EGISTERED EGISTERED & '( :rantor
76&I,B,J 76&I,B,J are co*owners of a parcel of land( $f they want to have the land covered by a title, can I file an application by himselfA 7N9& 7ll the co*owners must file the application ( >owever, if ' owner wants the property to be his own, then he must declare
LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007
expressly to the other co*owners that he is repudiating@renouncing his right over the co*ownership(
fraud or misrepresentation in the title, an action for reversion instituted by the 9olicit or :eneral would be the proper remedy(
CERTIFICATE OF TITLE
PROCESS: '( owever, if the land has been declared for taxation purposes in one province, then, file it in the said province provided that the boundary has not yet been determined( -blue4.& mortgagor can issue an application for titling,but it must have written consent of mortgagee*creditor+same with sale a retro
76&$N "$) !69C6$8 $%
>76$N:– within / days after publication in O: – not less than -. not more than 4F days from date of order
SPECIAL DEFAULT $9 N 7 !76"B 7!!769 7" $N$"$7% >76$N: 7H$N: #$%8 7N 7N9$N !6$O8 7%%OO)
INVOLUNTARY DEALINGS – transactions affecting land in which cooperation of registered owner is not needed& it may even be against his will +ex& adverse claim
ATTAC-MENT – >ow continued, reduced or discharged 7ny method sufficient in law • 8ocument to be registered •
ATTAC-MENT 7 writ issued at the institution or during progress of an • action commanding the sheriff to attach the property, rights, credits or effects of the defendant to satisfy demands of the plaintiff inds& a( !reliminary • b( :arnishment c( %evy on execution
R EGISTRATION OF ATTAC-MENTBOT-ER LIENS
-blue4.& registration in this area, unlie in voluntary,is only upto entry in dayboo +Eune '1,2FF/ ar )atter( '(
Copy of writ in order to preserve any lien, right or attachment upon registered land may be filed with 6O8 where land lies, containing number of certificate of title of land to be affected or description of land 2( 6O8 to index attachment in names of both plaintiff 0 defendant or name of person whom property is held or in whose name stands in the records ;( $f duplicate of certificate of title is not presented& a( 6O8 shall within ;= hours send notice to registered owner by mail stating that there has been registration 0 re3uesting him to produce duplicate so that memorandum be made b( $f owner neglects or refuses – 6O8 shall report matter to court c( Court after notice shall enter an order to owner to surrender certificate at time 0 place to be named therein -( 7lthough notice of attachment is not noted in duplicate, notation in boo of entry of 6O8 produces effect of registration already
EFFECT OF R EGISTRATION OF ATTAC-MENT:
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Creates real right >as priority over execution sale ut between 2 attachments – one that is earlier in registration is preferred $f not registered – actual nowledge is same as registration
DUTY OF R EGISTER OF DEEDS •
asically ministerial but may refuse registration in ff circumstances& '( "itle to land is not in the name of defendant 2( No evidence is submitted to show that he has present or possible future interest in land
3.
!nless" heir
'( ICG" $ON 97% *"o enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed with 6O8 where land lies *6egister in registration boo 0 memorandum upon proper certificate of title as adverse claim or as an encumbrance *"o determine preferential rights between 2 liens& priority of registration of attachment 2( "7I 97% *9ale of land for collection of delin3uent taxes and penalties due the government *$n personam +all persons interested shall be notified so that they are given opportunity to be heard *Notice to be given to delin3uent tax payer at last nown address *!ublication of notice must also be made in nglish, 9panish 0 local dialect 0 posted in a public 0 conspicuous place in place wherein property is situated 0 at main entrance of provincial building *9ale cannot affect rights of other lien holders unless given right to defend their rights& due process must be strictly observed *"ax lien superior to attachment *No need to register tax lien because it is automatically registered once the tax accrues *ut sale of registered land to foreclose a tax lien need to be registered
PROCEDURE OF R EGISTRATION OF TA SALE: '( Officer’s return shall be submitted to 6O8 together with duplicate title 2( 6egister in registration boo ;( )emorandum shall be entered in certificate as an adverse claim or encumbrance -( 7fte r period of rede mpti on ha s expired 0 no redemption +2 years from registration of auction sale cancellation of title 0 issuance of new one .( efore cancellation, notice shall be sent to registered owner& to surrender title 0 show cause why it shall not be cancelled ACTUAL = NO,LEDGE IS EQUIVALENT TO R EGISTRATION OF ADVERSE CLAIM '( )ae a statement in writing setting forth alleged interest, from whom ac3uired, how ac3uired, no( of certificate of land, name of registered owner, description of land in which right@interest is claimed – signed 0 sworn to 2( 9tatement shall be entitled to registration as adverse claim on certificate of title ;( ffective for ;F days from date of registration -( 7fter ;F days, may be cancelled by filing of verified petition by party in interest 7ny party may petition in court to cancel • adverse claim Court to grant speedy hearing • $f adverse claim is adjudged invalid – may • be cancelled
5. No 2nd adverse claim based on same ground shall be registered by same claimant
LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007
-blue4.& even if it is good for ;F days,cancellation thereof is necessary for it to be ineffective +and it be filed in 6O8
TRUST & PO,ER OF ATTTORNEY TRUST – obligation of a person to whom legal title to property is transferred to hold the property according to confidence reposed in him 1 = INDS& '( xpressed – need to be in writing? cannot be proved by parole evidence 2( $mplied – exist by operation of law? can be proved by parole evidence a( !roperty is bought but paid by another party b( 8onation is made but donee have no beneficial interest thereon c( ! rice of sale of propert y i s loaned 0 conveyance is made to lender to secure fulfillment of loan d( %and passes by succession to a person but legal title is put in another’s name e( 2 persons purchase property but placed only in one’s name f( :uardian uses funds of ward to buy property g( !roperty is ac3uired thru mistae or fraud
!Oe irs are a ll of le ga l a ge , o r m inors represented by guardian *>eirs to execute public instrument to be filed with 6O8 *$f disagree with each other, file in court ordinary action for partition *$f there is only ' heir, may adjudicate to himself entire estate via affidavit to be filed with 6O8 *$f there are movables involved, bond to be filed e3uivalent to value of property as certified under oath by parties conditioned upon payment if any just claim which may be filed by creditor within 2 years after distribution *!ublication in newspaper of general circulation for ; wees? not binding to those without notice *#inal after 2 years ORAL PARTITION' ,-EN DEEMED VALID *$n provinces when person dies leaving property not covered by "orrens system – to avoid legal expenses, heirs mae a list of property, pay off debts 0 assign to each *9tatute of frauds – do not operate because it is not a conveyance but a separation of property and designation of part which belongs to them ,ILLS AND LETTERS OF ADMINISTRATION xecutor re3uired to file with 6O8 a certified copy of his letters of administration or the will if there is a will in order that 6O8 may register upon certificate a memorandum with reference to file no 0 date of filing COURT AUT-ORITY NEEDED IN ORDER TO SELL '( )ay be dispensed with if will empowers him sell 2( 7""% )O6":7: – personal property is registered with 6O8 to secure performance of an obligation 9GEC" )7""6 & movables 88 O# )O6":7: & re3uires only description to enable parties 0 other persons to identify the subject matter R EGISTRATION OF C-ATTEL MORTGAGE '(xecution of document 2(!ayment of fees ;(6O8 enters in 87B OO in strict order of their presentation chattel mortgages 0 other instruments relating thereto +primary process -(6O8 thereafter enters in a more detailed form the essential contents of the instrument in the Chattel )ortgage 6egister +complementary process EFFECT OF R EGISTRATION: '(Creates a lien – attaches to the property whoever holds it? binding on subse3uent purchasers 2(Constructive notice SALE OF C-ATTEL ,IT-OUT C ONSENT OF MORTGAGEE – void? criminal act EFFECT OF FAILURE TO R EGISTER : *Halid between parties but void against ; rd persons *$f instead of registration, it is delivered – it shall be a pledge 0 not chattel mortgage +if no chattel mortgage deed executed *7ctual nowledge is same effect as registration AFFIDAVIT OF GOOD FAIT-& 9"7")N" ">7" – '()ortgage is made to secure obligation specified 2(Halid 0 just obligation ;(Not entered into for purpose of fraud EFFECT OF A+SENCE OF AFFIDAVIT OF GOOD FAIT-: *Hitiates mortgage as against creditors 0 subse3uent encumbrances *Halid as between parties *No need to be in public document
LAND REGISTRATION NOTES WITH BAR QUESTIONS 2007 ASSIGNMENT OF MORTGAGE& NO N8 "O 6:$9"68, !6)$99$H ON%B 0 NO" )7N87"O6B CANCELLATION OF C-ATTEL MORTGAGE& )O6":7: "O ICG" 7 8$9C>76: O# "> )O6":7: $N )7NN6 !6OH$88 B %7<
FORECLOSURE OF MORTGAGE "here must first be non*payment 0 at least ;F days have elapsed since then 7lternatives& '(Eudicial 2(xtra*judicial – only if there is stipulation@authority PROCEDURE IN FORECLOSURE '(Notice posted for 'F days in at least 2 public places in municipality where property is to be sold designating the time, place and purpose of sale 2()ortgagor is notified in writing at least 'F days before sale ;(!ublic auction -(;F days after sale, officer maes a return 0 file with 6O8 where mortgage has been recorded .(Officer’s return operates as a discharge of the lien created by the mortgage =(!roceeds to be applied& 7(Cost of sale (7mount of obligation C(9ubse3uent mortgages 8(alance – mortgagor R ECOVERY OF DEFICIENCY & 7llowed PU+LIC LAND & -OMESTEAD PU+LIC LANDS – all lands owned by the government $nalienable and alienable • $nalienable – public domain& timber and miner lands • 7lienable@ 8isposable * public agricultural land • !G%$C %7N8 )7B 7%$N7"8 , CONHB8 "O !6$H7" !69ON( PROCEDURE : '( Official issuing instrument of conveyance to issue instrument 2( #ile instrument with 6O8 ;( $nstrument to be entered in boos and owner’s duplicate to be issued -( $nstrument – only contract between :overnment and private person and does not tae effect as conveyance if unregistered, it is registration which is operative act of conveying land? evidence of authority for 6O8 to register .( #ees to be paid by grantee =( 7fter issuance of certificate of title, land is deemed registered land within the purview of the "orrens system NATURE OF TITLE TO PU+LIC LANDS CONVEYED: INDEFEASI+LE AND CONCLUSIVE $n absence of registration, title to public land is not • perfected and therefore not indefeasible $n case of 2 titles obtained on same date – one procured • through decree of registration is superior than patent issued by director of lands 2 titles procured by one person – one from homestead • patent, one from judicial decree 0 sold to 2 different persons, one who bought it for value and in good faith 0 one who register first shall have preference CLASSIFICATION OF LAND OF PU+LIC DOMAIN: Classification is exclusive prerogative of executive 0 not by judiciary 7nyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain +6egalian doctrine
! $%E& T'E ( )$STT!T)$ " '( 7gricultural – only one subject to alienation 2( #ore st or ti mber ;( )ineral lands -( National par ! $%E& T'E # !*L( L A$% A(T " '( 7lienable@disposable a( 7gricultural b( 6esidential, commercial, industrial c( ducational, charitable d( "own sites and for public and 3uasi*public uses 2( "imber lands * inalienable ;( )ineral lands inalienable $f patent or title is issued – void ab initio for • lac of jurisdiction Not subject to ac3uisitive prescription? even • if in possession for long time, will not ripen into ownership E+cept" mineral lands and forest lands • a c3uired be fore inauguration of Commonwealth in November '., '4;.? vested rights which are protected F S'#)$%S efore& included in definition of agriculture, conversion of agricultural land to fishponds does not change character of land $ow" restricted meaning? fishponds have a distinct category? cannot be alienated but ma y be leased from government( CONFIRMATION OF IMPERFECT TITLE: '( %ast extension granted by :overnment was until 8ecember ;', 2FFF +area not exceed '2 hectares 2( 6ight made available to person 3ualified to ac3uire alienable and disposable public land thru open, continuous, exclusive, notorious +OCN possession under bonafide claim of ownership since Eune '2, '4-.( a( !rior to transfer of sovereignty from 9pain to G9, have applied for purchase but did not receive title, without default on their part provided they have occupied since their application b( $n OCN possession since Eune '2, '4-. or earlier c( )embers of cultural minorities in OCN who has claim of ownership for at least ;F years
2FF= notes&$n case of foreigner, sufficient that he is already #ilipino citi5en at the time of his application Corporation who has less =FM #ilipino ownership cannot apply confirmation of imperfect title? can only lease PERSONS COMPETENT TO QUESTION LAND GRANT !ersons who obtained title from 9tate or through persons who obtained title from 9tate
76&7 was able to obtain a title over a property of public domain classified as timber land($s the title validA omestead settlement 2( 9ale ;( Confirmation of imperfect or incomplete title a( Eudicial legali5ation b( 7dministrative legali5ation %ease not included since lease does not transfer ownership? free* title grant& free distribution of public lands to encourage people to cultivate? government furnishes the applicant with tolls plus cash allowance to enable him to cultivate -OMESTEAD PATENT ,-EN GOVERNMENT GRANT DEEMED ACQUIRED +Y OPERATION OF LA,: '( 8eed of conveyance issued by government patent@grant 2( 6egistered with 6O8 – mandatory& operative act to convey 0 transfer title ;( 7ctual physical possession, open 0 continuous %and ceased to be part of public domain 0 • now ownership vests to the grantee 7ny further grant by :overnment on same • land is null 0 void Gpon registration, title is indefeasible • TITLE ISSUED PURSUANT TO R EGISTRATION OF PATENT '( $ndefeasible – when registered, deemed incorporated with "orrens system? ' year after issuance of patent 2( )ay not be opened one year after entry by %67? otherwise, confusion, uncertainty 0 confusion on government system, of distribution of public lands may arise 0 this must be avoided E+cept" annullable on ground of fraud, may be reopened even after ' year because registration does not shield bad faith Court in exercise of e3uity jurisdiction may • direct reconveyance even without ordering cancellation of title AIM OF -OMESTEAD PATENT: enevolent intention of government to distribute • disposable agricultural land to destitute citi5ens for their home and cultivation 7s a matter of public policy, may be repurchased • even if after . years provided not for profit 6ight of repurchase not allowed if sold within • family 0 not for cultivating or living but for speculation purpose R ESTRICTIONS : '( Cannot be alienated within . years after approval of application for patent
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Cannot be liable for satisfaction of debt within . years after approval of patent application 9ubject to repurchase of heirs within . years after alienation when allowed already No corporation, partnership, association may ac3uire unless solely for commercial, industrial, educational, religious or charitable purpose or right of way subject to consent of grantee 0 approval of 9ecretary of Natural resources
ECEPTIONS : '( 7ction for partition because it is not a conveyance 2( 7lienations or encumbrances made in favor of the government ERRED -OMESTEADER NOT +ARRED +Y P ARI D ELICTO #ari delicto rule does not apply in void contract • Hiolation of prohibition results in void contract • 7ction to recover does not prescribe • -OMESTEADER $f he dies, succeeded by heirs in the application •
LEGAL R ESTRICTION IN DISPOSITION +Y NON7C-RISTIANS @CULTURAL MINORITIES Conveyance is valid if able to read and can understand • language where deed is written Otherwise, not valid unless approved by Commission • on National $ntegration 9afeguard is to protect them against fraud@deceit •
76&$f a parcel of land covered by a homestead patent is sold, what is the period of redemptionA 7N9& very conveyance of land ac3uired under the free patent or homestead provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of five +. years from the date of the conveyance( +9ucaldito vs( )ontejo, :(6( No( /.F1F, #eb( =, '44'( "he one*year redemption period under the 6ules of Court shall be added to the five*year period( "he rule is designed for the protection of the owner or awardee( 76$N: Court to order date of hearing • %67 to notify public by publishing notice • 'x in O: and 'x in newspaper of general circulation 0 copy mailed to person whose
NATURE OF TITLE COVERED +Y 1 ACTS: "itle in good faith 0 for value • rrors in plan do not annul decree of registration • Cancellation 0 correction are permitted • LAND ALREADY R EGISTERED Eurisdiction is limited only to correction of technical • errors Court cannot issue decree on land a lready decreed • 6evision of decree allowed when substantial rights are • not impaired? what is prohibited is registered land to be registered again in name of another Eurisdiction subsists to all incidental matters • ,-EN CAN CADASTRAL PROCEEDINGS MAY +E OPENED 'F years • !ersons claiming title but were unable to file their claim • even while in possession are granted right to petition for reopening of proceedings provided such were not alienated, leased or disposed by government CADASTRAL COURT DOES NOT A,ARD DAMAGES' +UT MAY DIRECT S-ERIFF TO DELIVER POSSESSION !rovisions of land registration act applicable to • cadastral proceedings
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