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LAND TITLES & DEEDS LAND REGISTRATION  Purposes: 1. To quiet title to land and to stop forever any question as to the legality of said title. 2. To provide a means of publication 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.  Purposes: 1. To avoid possible conflicts of title regarding real property, 2. To facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further EXCEPT when the party concerned has actual knowledge of facts and circumstances that should imply a reasonably cautious man to make such further inquiry. NOTE:  Registration was never intended as a means of acquiring ownership. (Republic vs. CA, 131 SCRA 539).  Registration is not equivalent to title. Under the Torrens system, registration only gives validity to the transfer or creates a lien upon the land. It was not established as a means of acquiring title to the private land because it merely confirms, but does not confer, ownership (Lu vs Manipon, 381 SCRA 788)  Lands granted under Spanish Mortgage Law which are not yet covered by certificate of title under Torrens System are considered as unregistered lands. (Sec. 3 P.D. 1529)

TORRENS TITLE  Certificate of ownership issued by the Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances except such as may be expressly noted thereon or otherwise reserved by law.  Conclusive against the whole world, including the government and to a holder thereof in good faith, it is guaranteed to be indefeasible, unassailable, and imprescriptible.  Title once registered cannot be impugned, altered, changed, modified, enlarged, or diminished except in some direct proceeding permitted by law.  Probative Value: Torrens Title may be received in evidence in all courts of the Philippines, and shall be conclusive as to all matters contained therein, principally the identity of the owner of the covered land thereby. MODES OF ACQUIRING TITLE: (PREPA2ID) 1. Public grant  based on the Public Land Acts  obtained through issuance of Spanish Gov’t. of Royal Grants and concessions to discoverers and settlers. 2. Reclamation  filling up of parts of the sea for conversion to land.  The SC has ruled that only the National Government may engage in reclamation projects. (Republic vs. CA, 299 SCRA 199; P.D. 3-A.) 3. Emancipation patent or grant  based on P.D. No. 27 (CARP of 1972)  for the purpose of ameliorating the sad plight of farmers and of

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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releasing them from the bondage of the soil. 4. Private grant or voluntary transfer 5. Adverse possession or prescription  Adverse possession – actual possession of land in opposition to all other claimants.  Prescription – possession of land for required number of years and assertion of ownership through an interrupted actual possession of property within the period of time prescribed by law. 6. Accretion  3 Requisites for accretion: a) deposition of soil or sediment be gradual and imperceptible; b) result of the action of waters of the river; c) land where accretion takes place is adjacent to bank of rivers or sea coast.  Accretion does not automatically become registered. It needs new registration.  Accretions on the bank of a lake, like Laguna de Bay, belong to the owners of the estate to which they have been added, while accretion on the sea bank still belongs to the public domain, and is not available for private ownership until formally declared by the government to be no longer needed for public use. (Republic vs. Amanda vda. De Castillo, 163 SCRA 286)  Registration does not protect the riparian owner against diminution of land through accretion. If alluvium is wiped away, registration is rendered of no effect because subject is gone. 7. Involuntary alienation  E.g. eminent domain/expropriation 8. Descent or devise  By descent, title is acquired when an heir succeeds the deceased owner in testate or intestate.  By devise, person acquires land from one who may not be a relative, if he is named in the deceased’s will. Administration of the Torrens System 1. Land Registration Authority (LRA)  Agency of the government charged with the execution of laws relative

to the registration of lands and under executive supervision of DOJ. (Sec. 4 P.D. 1529)  Functions of the Administrator: a. Issue decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause the issuance by the Registers of Deeds of the corresponding certificates of title. b. Exercise supervision and control over all Registers of Deeds and other personnel of the Commission. c. Resolve cases elevated en consulta by or on appeal from the decision of the Register of Deeds d. Exercise executive supervision over all clerks of court and personnel of the courts with respect to the discharge of their duties and functions in relation to the registration of lands e. Implement all orders, decisions, and decrees promulgated relative to the registration of lands and issue, subject to the approval of the Secretary of Justice, all needful rules and regulations f. Verify and approve subdivision, consolidation, and consolidationsubdivision survey plans of properties titled under Act 496 and PD 1529 except those covered by PD 957. g. Acts as clerk of court in land registration proceedings 2. Register of Deeds (RD)  The public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is located. (Sec. 10, P.D. 1529)  Function: To immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration.

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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DOCTRINES:  The function of the Register of Deeds with reference to the registration of deeds, encumbrances, instruments and the like is ministerial in nature (Baranda vs. Gustilo, 165 SCRA 757)  The law on registration does not require that only valid instruments shall be registered. If the purpose of registration is merely to give notice, then questions regarding the effect or invalidity of instruments are expected to be decided after, not before registration. It must follow as a necessary consequence that registration must first be allowed, and validity or effect litigated afterwards. (Almirol vs. The Register of Deeds of Agusan, 22 SCRA 1152) Instances when RD may deny registration: 1. Where there are more than 1 copy of the owner’s duplicate certificate of title and not all such copies are presented in the Register of Deeds 2. Where the voluntary instrument bears on its face infirmity 3. Where the validity of the instrument sought to be registered is in issue in a pending court suit 4. When the document is not verified and notarized (Gallardo vs. IAC, 155 SCRA 248) Note:  A deed of sale executed in a place other than where the property is located does not affect extrinsic validity of the instrument as long as the notary public concerned has authority to acknowledge the document executed within his territorial jurisdiction.  Notarial acknowledgment attaches full faith and credit to document and vests upon it presumption of regularity. (Sales vs. CA, 211 SCRA 885, 865) Ways of Registering Title 1. Judicial  filing of petition with the regular courts  issuance of a decree by LRA

 issuance of Original Certificate of Title (OCT) by Register of Deeds 2. Administrative  filing of application at CENRO/ PENRO  forwarded to the Reg. Director and/or DENR for the issuance of patent and Register of Deeds for issuance of OCT Registrable Lands: 1. Alienable public agricultural lands 2. Private lands Non-registrable lands:  Those found in Civil Code provisions dealing with non-registrable properties (e.g. property of public dominion)  Specific kinds of non-registrable properties or lands: a. Forest or timberland, public forest, & forest reserve b. Mangrove swamps c. Mineral lands d. Foreshore land & seashore NOTE: Foreshore land is the strip of land that lies between the high and low water marks and is alternatively wet and dry according to the flow of the tide. It is part of the public domain and not susceptible of disposition except by lease (Roble vs. Arbase) e. Navigable rivers, streams & creeks f. Lakes g. Military Reservations h. Watershed i. Grazing lands j. Previously titled land k. Alluvial deposit along river when man-made SYSTEMS OF REGISTRATION 1. ORIGINAL REGISTRATION UNDER PD NO. 1529  NATURE: proceeding brought before the Regional Trial Court ( as a land registration court) to determine title or ownership of land on the basis of an application for registration or

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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answer by a claimant in a cadastral registration.  Kinds of Original Registration 1. Voluntary – by filing with the proper court a) Under P.D. No. 1529 (Property Registration Decree) b) Under Sec. 48 of CA No. 141, Public Land Act 2. Involuntary – cadastral proceedings  compulsory registration initiated by the government, to adjudicate ownership of land  involuntary on the part of the claimants but they are compelled to substantiate their claim or interest through an answer A. REQUISITES (STEPS) IN ORDINARY LAND REGISTRATION PROCEEDINGS (P.D. 1529): (SFS-TP-SFH-PIEST)  The following requisites must also be complied with in the confirmation of imperfect or incomplete title under Section 48 (b) of the Public Land Act 1. Survey of the land by the Bureau of Lands or a duly licensed private surveyor; NOTES:  must be drawn in a tracing cloth plan  approved ONLY by the Director of Land Management (authority of LRA to approve such plan was withdrawn by P.D. 239 dated July 9, 1983) 2. Filing of Application for Registration by the applicant; NOTES:  always at the RTC of the province, city or municipality where property is situated.  it is then indorsed to the MTC if there is no controversy over the land or its value is less than P100,000  in cases of delegated jurisdiction to the MTC, appeal is direct to the Court of Appeals  Bureau of Land must always be furnished with a copy of the petition and all pertinent documents

3. 4.

5.

6.

7.

8.

9. 10.

 If land is situated between boundaries of two provinces, application must be filed: a) boundaries are not defined – in the RTC of the place where it is declared for taxation purposes; b) boundaries are defined – separate plan for each portion must be made by surveyor and a separate application for each lot must be filed with appropriate RTC. Setting of date for initial hearing by the court; Transmittal of Application and date of initial hearing together with all documents or other evidences attached thereto by the Clerk of Court to the Land Registration Authority; Publication of Notice of Filing of Application and date and place of hearing once in the Official Gazette and once in a newspaper of general circulation in the Philippines; NOTES:  it is at this point that the court acquires jurisdiction over the subject matter  this is done by the Administrator who acts as the clerk of court Service of Notice upon contiguous owners, occupants and those known to have interest in the property by the sheriff; Filing of Answer or Opposition to Application by any person whether named in the notice or not; Hearing of the case by the court; NOTES:  Republication or amendment of technical description of land is necessary when there is substantial increase of the area of the land. If increase is merely minimal, no republication is needed. (Benin vs. Tuason, 57 SCRA 531) Promulgation of judgment by the court; Issuance of decree or order by the court declaring the decision final and instructing the Land Registration Authority to issue a Decree of Confirmation and Registration;

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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NOTES:  it is not the court BUT the LRA which issues the decree of confirmation and registration  1 year after issuance of decree, it becomes incontrovertible and amendments of the same will not be allowed except merely in case of clerical errors.  Decree of registration may be reviewed on the ground of fraud and must be filed within 1 year from entry of the decree. 11. Entry of Decree in the Land Registration Authority; NOTE: This serves as the reckoning date to determine the 1-year period from which one can impugn the validity of the registration. 12. Sending of copy of Decree to the corresponding Register of Deeds; and 13. Transcription of Decree in the registration book and issuance of Owner’s Duplicate Original Certificate of Title of the applicant by the Register of Deeds upon payment of the prescribed fees. B. Persons Who May Apply for Registration: (Sec. 14, PD No. 1529) 1. Those who, by themselves or through their predecessors-in-interest, have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier; 2. Those who have acquired ownership of private lands by prescription under the provisions of existing laws; 3. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion; and 4. Those who have acquired ownership of land in any other manner provided for by law. NOTES:  All these persons must be natural-born Filipino Citizens. However, by way of exception, juridical persons may apply for registration of leased agricultural and disposable lands

not exceeding 1,000 hectares in area for a period of 25 years and renewable for not more than 25 years. (Sec. 3, Chapter XII, 1987 Constitution)  Notwithstanding the prohibition in the 1973 and 1987 Constitutions against private corporations holding lands of the public domain except by lease, still a private corporation may institute confirmation proceedings under Section 48(b) of Public Land Act if, at the time of institution of the registration proceedings, the land was already private land. (Dir. of Lands vs. IAC and ACME Plywood, 146 SCRA 509) C. Persons who cannot file an application for registration 1. A public land sales applicant insofar as the land covered by his sales application is concerned. Reason: he acknowledged that he is not the owner of the land and that the same is public land. [Palawan Agricultural and Industrial Co., Inc. vs. Dir. of Lands, 44 SCRA 15 (1972)] 2. A mortgagee or his successor in interest to the mortgage, notwithstanding the lapse of the period for the mortgagor to pay the loan secured to redeem it. Reason: such act would amount to a pactum commissorium which is against good morals and public policy. [Reyes vs. Sierra, 93 SCRA 472, 480 (1979)] 3. An antichretic creditor cannot also acquire by prescription the land surrendered to him by the debtor. Reason: His possession is not in the concept of owner. [Ramirez vs. CA, 144 SCRA 292, 301 (1996)] 4. A person or entity whose claim of ownership to land had been previously denied in a reivindicatory action. [Kidpales vs. Baguio Mining Co., 14 SCRA 913, 916, 918 (1965)] D. Amendments to application that require publication RULES:  The court may order, at any time, an application to be amended by

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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striking out one or more of the parcels of land applied for or by a severance of the publication (Sec. 18 P.D. 1529)  Amendments to the application including joinder, substitution, or discontinuance as to the parties may be allowed by the court at any stage of the proceedings upon just and equitable terms. In such cases, publication is not necessary.  Publication and notice are necessary where the amendment to the application consists in: a. substantial change in the boundaries b. an increase in the area of the land applied for c. the inclusion of additional land NOTE:  purpose of the new publication is to give notice to all persons concerned regarding the amended application. Without a new publication, the registration court cannot acquire jurisdiction over the area covered by the original application, and the decision of the registration court would be a nullity insofar as the decision concerns the newly included land. (Benin vs. Tuason, 57 SCRA 531)  an amendment due to change of name of the applicant does not require republication [Dir. of Lands vs. IAC, 219 SCRA 399, 345 (1993)] 2. SUBSEQUENT REGISTRATION  Where incidental matters after original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest.  Rules as to the necessity and effects of registration in general a. Except a will that purports to convey or affect a registered land, the mere execution of deeds of sale, mortgages, leases or other voluntary documents serves only 2 purposes: (1) as a contract between the parties thereto and (2) as evidence of

authority to the RD to register such documents b. It is only the act of registering the instrument in the Register of Deeds of the province of city where the land lies which is the operative act that conveys ownership or affects the land insofar as third persons are concerned. c. The act of registration creates a constructive notice to the whole world of such voluntary or involuntary instrument or court writ or process.  Scope of Subsequent dealings with registered land Voluntary Involuntary Dealings Dealings 1. Concept Refer to deeds, instruments or documents which are results of the free and voluntary acts of the parties thereto

2. Kinds

- sale - real proper- ty mortgage - lease - pacto de retro sale -extra-

Refer to such writ order or process issued by a court of record affecting registered land which by law should be registered to be effective, and also to such instruments which are not the willful acts of the registered owner and which may have been executed even without his knowledge or against his consent. attachment - mandamus - sale on execution of judgement or sales for taxes

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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judicial settlement - free patent/ homestead - powers of attorney - trusts 3. Effects An innocent of purchaser registration for value of registered land becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owner’s duplicate certificate of title covering the land sold.

- adverse claims - notice of lis pendens

Entry thereof in the day book of the Register of Deeds is sufficient notice to all persons even if the owner’s duplicate certificate of title is not presented to the Register of Deeds.

Rules and Doctrines: 1. Voluntary Dealings  In voluntary sale of land, the registration of the instrument is the operative act that transmits or transfers title.  Where there is nothing on the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that









may subsequently defeat his right thereto. (Fule vs. Legare. GR No. 17951) The exception to the above rule is embodied in the case of Dela Merced vs. GSIS (365 SCRA 1) where the court ruled that “when the purchaser or mortgagee is a financing institution, the general rule that a purchaser or mortgagee of the land is not required to look further than what appears on the face of the title does not apply. Every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefore and the law will in no way oblige him to go behind the certificate to determine the condition of the property. Even if a decree in a registration proceeding is infected with nullity, still, an innocent purchaser for value relying on a Torrens title issued in pursuance thereof is protected (Cruz vs. CA & Suzara, 281 SCRA 491) Although generally a forged or fraudulent deed is a nullity and conveys no title, however, there are instances when such a fraudulent document may become the root of a valid title. One such instance is where the certificate of title was already transferred from the name of the true owner to the forger, and while it remained that way, the land was subsequently sold to an innocent purchaser. (Fule vs Legare) In the case of Tomas vs. Tomas (GR No. L-36897) the Supreme Court ruled that above rule cannot be applied where the owner still holds a valid and existing certificate of title covering the same property because the law protects the lawful holder of a registered title over the transfer of a vendor, bereft of any transmissible right

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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 Well settled is the rule that all persons dealing with property covered by Torrens certificate of title are not required to go beyond what appears on the face of the title. When there is nothing on the COT indicating any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further than what the Torrens Title upon its face indicates in quest for any hidden defect or inchoate right that may subsequently defeat his right thereto. [Centeno vs CA, 139 SCRA 545, 555 (1985)] Exceptions for applicability: 1) purchaser in bad faith [Egao vs. CA, 174 SCRA 484, 492 (1989)]; 2) sufficiently strong indications to impel closer inquiry into the location, boundaries and condition of the lot. (Francisco vs. CA 153 SCRA 330, 336, 337); 3) where a person buys land not from the registered owner but from one whose right to the land has been merely annotated on the COT. (Quiniano vs. CA 39 SCRA 221); 4) purchaser of land the certificate of title contains a notice of lis pendens; 5) purchaser with full knowledge of flaws and defects in the title.(Bernales vs. IAC 166 SCRA 519, 524; Lu vs. Manipon, 381 SCRA 788) 2. Involuntary Dealings  Involuntary dealings affecting registered land which must be registered: a. attachments b. sale on execution or for taxes or for any assessment c. adverse claim d. notice of lis pendens  Claim or interest is adverse when: a. claimant’s right or interest in registered land is adverse to the registered owner;

b. such right arose subsequent to date of original registration; c. no other provision is made in the Decree for the registration of such right or claim (Sec. 70, 1st par., P.D. 1529)  Formal requisites of an adverse claim for purposes of registration: a) adverse claimant must state the following in writing: 1) his alleged right or interest 2) how and under whom such alleged right or interest is acquired 3) the description of the land in which the right or interest is claimed 4) the certificate of title number b) such statement must be signed and sworn to before a notary public c) claimant shall state his residence or place to which all notices may be served upon him  an adverse claim is a notice to third persons that someone is claiming an interest on the property or has a better right than the registered owner thereof, and that any transaction regarding the disputed land is subject to the outcome of the dispute (Sajonas vs CA, [GR No. 102377, July 5, 1996)  notice of lis pendens is intended to constructively advise, or warn all people who deal with the property that they so deal with it at their own risk, and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action, and may well be inferior and subordinate to those which may be finally determined and laid down therein. (Heirs of Maria Marasigan vs IAC. 152 SCRA 253). Notice of lis pendens is proper in the following cases: 1. to recover possession of real estate 2. to quiet title thereto 3. to remove clouds upon the title thereof 4. for partition, and

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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5. any other proceeding of any kind in court directly affecting the title to the land or the use of occupation thereof or the building thereon. When notice of lis pendens inapplicable: (PAPAL) 1. proceedings for the recovery of money judgments 2. attachments 3. proceedings on the probate of wills 4. administration of the estate of deceased persons 5. levies on execution 6. Foreclosure NOTE: notice of lis pendens may be cancelled in the following cases before final judgment upon order of the court: 1. when it is shown that the notice is for the purpose of molesting the adverse party 2. when it is shown that it is not necessary to protect the right of the party who caused the registration thereof 3. where the evidence so far presented by the plaintiff does not bear out the main allegations of the complaint 4. where the continuances of the trial are unnecessarily delaying the determination of the case to the prejudice of the defendant 5. upon verified petition of the party who caused the registration thereof 6. it is deemed cancelled after final judgment in favor of defendant, or other disposition of the action such as to terminate all rights of the plaintiff to property involved. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE  Applicants: 1. Filipino citizens who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of public domain under a bona fide claim of acquisition since June 12, 1945 or prior thereto or since time immemorial (CA No. 141,

Section 48, as amended by PD No. 1073, Sec. 4). 2. Filipino citizens who by themselves or their predecessors-in-interest have been, prior to the effectivity of PD 1073 on January 25, 1977, in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, for at least 30 years, or at least since January 24, 1947 (RA No. 1942). 3. Private corporations or associations which had acquired lands from Filipino citizens who had possessed the same in the manner and for the length of time indicated in paragraphs 1 and 2 above 4. Natural-born citizens of the Philippines who have lost their citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of private land up to a maximum area of 5,000 sq,m, in case of urban land or 3 hectares in case of rural land to be used by him for business or other purposes. (Section 5, RA No. 8179) NOTE: When the conditions set by law are complied with, the possessor of the land, by operation of law, acquires a right to a grant, a government grant, without the necessity of a certificate of the title being issued. The law, as presently phrased, requires that possession of lands of the public domain must be from June 12, 1945 or earlier, for the same to be acquired through judicial confirmation of imperfect title. (Republic vs Doldol. 295 SCRA 359)  Applicant Must Prove: 1. That the land is alienable and disposable land of public domain; and 2. That they have been in open, continuous, exclusive, and notorious possession and occupation of the land for the length of time and in

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law

253 MEMORY AID IN CIVIL LAW

the manner and concept provided by law.  Extended period for filing of application: Section 1, RA No. 9176 provides in part that “The time to be fixed in the entire archipelago for the filing of applications under this chapter shall not extend beyond 31 December 2020. Provided that the area applied for does not exceed twelve (12) hectares.”

sections can only be granted if there is unanimity among the parties, or that there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes controversial and should be threshed out in an ordinary case or in the case where the incident properly belongs. (Tagaytay-Taal vs. CA. 273 SCRA 182)

 EXCEPTION: Delegated Jurisdiction of  Section 3 of RA No. 7196 provides that “All pending applications filed before the effectivity of this amendatory act shall be treated as having been filed in accordance with the provisions of this Act.” Filing of Application (Extent of Jurisdiction) GENERAL RULE: Application for land registration shall be filed with the RTC of the province or city where the land is situated. DOCTRINES:  PD No. 1529 has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as land registration court. Aimed at avoiding multiplicity of suits, the change has simplified registration proceedings by conferring upon the regional trial courts the authority to act not only on original applications but also those filed after original registration, with power to hear and determine all questions arising upon such applications or petitions. (Averia vs. Caguioa. 146 SCRA 459 ; Ignacio vs CA 246 SCRA 242)  The issues raised before the RTC sitting as a land registration or cadastral court involved substantial or controversial matters and, consequently, beyond said court’s jurisdiction. The issues may be resolved only by a court of general jurisdiction. Thus, petitions under Secs. 75 and 108 of PD 1529 can be taken cognizance of by the RTC sitting as a land registration or cadastral court but relief under said

the MTC to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots, the value of which does not exceed P100,000.00 Publication, Mailing, and Posting Requirements: (PMP) compliance is mandatory and jurisdictional [Republic vs. Marasigan, 198 SCRA 219 (1991)] 1. Publication of notice of initial hearing  Official Gazette and newspaper of general circulation (Sec. 23, P.D. 1529)  Purposes: a. To confer jurisdiction over the land applied for upon the court b. To charge the whole world with knowledge of the application of the land involved NOTE: If it is later shown that the decree of registration had included land or lands not included in the original application as published, then the registration proceedings and the decree of registration must be declared null and void insofar – but only insofar- as the land not included in the publication is concerned. This is so because the court did not acquire jurisdiction over the land not included in the publication- the publication being the basis of the jurisdiction of the court. (Benin vs. Tuason. 57 SCRA 531)  If difference is not so substantial as it would not affect the identity of the land, republication is not necessary.  If the amendment of the survey plan during the registration proceedings does not involve an addition, but on

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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the contrary, a reduction of the original area that was published, no new publication is required. [Republic vs. CA, 71 SCRA 665 (1996)]  Publication alone in newspaper of general circulation would not suffice to confer jurisdiction to RTC. It must be published in the Official Gazette in order that jurisdiction to court be conferred. 2. Mailing  Mailing of the Notice of Hearing  Administrator of Land Registration Authority shall cause a copy of the notice of initial hearing of the application to be mailed to the following: a) Every person named in the notice whose address is known b) Secretary of DPWH, Provincial Governor, and Mayor of the municipality or city, as the case may be, in which the land lies, if applicant requests to have the line of a public way or road determined c) Secretary of DAR, Solicitor General, Director of Land Management, Director of Mines and/or Director of Fisheries and Aquatic Resources, as the case may be, if the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from the application that a tenant-farmer or the national government may have a claim adverse to the applicant. c) Posting  Posting of the copy of the Notice of Hearing is a duty of the Sheriff which must be made at least 14 days before date of initial hearing, in conspicuous places. NOTE: Certification of the Administrator of LRA 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 (Secion 24, P.D. 1529). NOTE: Service of Notice upon contiguous owners:  indispensable  lack of service constitutes “extrinsic fraud” Answer or Opposition  oppositor to an application need not be named in the notice of initial hearing.  adverse claimants must set forth in their answer all their objections to the application and 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 rights of the government. The following may be proper oppositors: 1. a homesteader who have not yet been issued his title but who had fulfilled all the conditions required by law to entitle him to a patent; 2. a purchaser of friar land before the issuance of the patent to him; and 3. persons who claim to be in possession of a tract of public land and have applied with the Bureau of Lands for its purchase. Evidence  The applicant must prove: 1. 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. NOTE: Specific evidence a) Presidential proclamation b) Executive Order c) Administrative Order issued by the Secretary of DENR d) Bureau of Forest Development Land Classification Map e) Certification by Director of Forestry f) Investigation reports of Bureau of Lands investigator g) Legislative act or by statute

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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2. The identity of the land NOTE: Proof of Identity of land a) Survey plan in general b) Tracing cloth plan and blue print copies of plan c) Technical description of the land d) Tax declarations e) Boundaries and area 3. Possession and occupation of the land for the length of time and in the manner required by law Effect of Possession General Rule: Open, exclusive and undisputed possession of alienable public land for the period prescribed by law creates the legal fiction whereby the land, upon completion of the requisite period ipso jure and without need of judicial or other sanctions, ceases to be public land and becomes private property.  The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessorin-interest (Article 1138, Civil Code)  Tacking of possession is allowed only when there is privity of contract or relationship between the previous and present possessors [South City Homes, Inc. vs. Republic, 185 SCRA 700 (1990)] Insufficient proofs of possession: a) mere casual cultivation of portions of the land by claimant. Reason: possession is not exclusive and notorious so as to give rise to a presumptive grant from the State (Republic vs. Vera, 120 SCRA 210; Director of Lands vs. Reyes 68 SCRA 177) b) tax declaration of land sought to be registered which is not in the name of applicant but in the name of deceased parents of an oppositor. Reason: possession of applicant is not completely adverse or open, nor it is truly in the concept of an owner. (Sunga vs. De Guzman, 90 SCRA 618); c) holding of property by mere tolerance of the owner. Reason: holder is not in the concept of owner and possessory acts no matter how

long do not start the running of the period of prescription. (Ordoñez vs. CA, 188 SCRA 109); d) where applicants tacked their possession to that of their predecessor-in-interest but they did not present him as witness or when no proofs of what acts of ownership and cultivation were performed by the predecessor (Dir. of Lands vs. Datu, 115 SCRA 25) e) mere failure of Fiscal representing the State to cross-examine the applicant on the claimed possession [Republic vs. Lee, 197 SCRA 1320 (1991)]; f) possession of other persons in the land applied for impugns the excusive quality of the applicant’s possession (Dir. of Lands vs. CA and Salazar, 133 SCRA 701) NOTE: Proof of private ownership a. Spanish title, impending cases NOTE: Although Spanish titles are now inadmissible and ineffective as proof of ownership in land registration proceedings filed after Aug. 16, 1976, so that all lands granted under the Spanish mortgage law system of registration which are not yet covered by a certificate of title issued under the Torrens system are deemed as unregistered land, there are still cases in court which particularly involve possessory information titles b. Tax declarations and tax payments NOTES:  While tax declarations and real estate tax receipts are not conclusive evidence of ownership, if presented as documentary evidence coupled with proof of actual possession for the period required by law of the land, they are evidences of ownership. (Heirs of Maningding vs CA 276 SCRA). Moreover, even if belatedly declared for taxation purposes, it does not negate possession especially if there is no other claimant of the land (RP vs CA and Divinaflor 349 SCRA)  Where the taxes for 31 years, 1946 to 1976, were paid only in

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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1976, a few months prior to filing of the application, such payment does not constitute sufficient proof that applicant has bona fide claim of ownership during those years prior to filing of the application [Republic vs. CA, 131 SCRA 140 (1984)]  Mere failure of the owner of the land to pay the realty tax thereon does not warrant a conclusion that there was abandonment of his right to the property (Reyes vs. Sierra, 93 SCRA 472) c. Presidential issuances and Legislative acts NOTES:  constitutive of a “fee simple” title or absolute title in favor of the grantee (Republic rep. by Mindanao Medical Center vs. CA, 73 SCRA 146)  a law or statute which ceded or transferred in full ownership a reserve area in favor of a gov’t. institution thereby effectively transferred ownership to transferee. [Int’l Hardwood and Veneer Co. of the Phils. vs. U.P., 200 SCRA 554 (1991)] d. Other kind of proof 1. Testimonial evidence (i.e. accretion is on a land adjacent to a river. Any evidence that accretion was formed through human intervention negates the claim [Binalay vs. Manalo, 195 SCRA 374 (1991)]; 2. Deeds of sale; Proofs insufficient to establish private right or ownership: a) compromise agreement among parties to a land registration case where they have rights and interest over the land and allocated portions thereof to each of them; NOTE: assent of Dir. Of Lands and Dir. of Forest Management to compromise agreement did not and could not supply the absence of evidence of title required of the applicant [Republic vs. Sayo, 191 SCRA 71 (1990)] b) decision in an estate proceeding of a predecessor-in-interest of an

c)

applicant which involves a property over which the decedent has no transmissible right, and in other cases where issue of ownership was not definitely passed upon (Dir. of Lands vs. IAC, 195 SCRA 38); survey plan of an inalienable land. NOTE: Such plan does not convert such land into alienable land, much less private property [Republic vs. CA, 154 SCRA 476 (1987)]

HEARING, JUDGMENT, AND POST JUDGMENT INCIDENTS IN ORDINARY LAND REGISTRATION A. Hearing  The court may: 1. hear the parties and their evidence; or NOTE: In the exercise of delegated jurisdiction, the MTC can no longer appoint commissioners 2. refer the case or any part thereof to a referee or commissioner. NOTE: While referee can receive evidence and objections, it has no power to rule on the case. Its main duty is to receive evidence and submit its findings and recommendations to the court. NOTE: Muniments of title: instruments or written evidences which applicant holds or possesses to enable him to substantiate and prove title to his estate. B. Judgment  2 duties of the court: 1. Render judgment, declare the same final, and cause the decision’s entry; and 2. Order the LRA to issue decree of registration. Doctrines  Only claimed property or a portion thereof can be adjudicated. If the applicant asserts ownership to and submits evidence only for a portion of a lot, the inclusion of the portion not claimed by the applicant is void and of no effect for a land registration court has no jurisdiction to decree a lot to a person who put

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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no claim to it and who never asserted any right of ownership over it (Almarza vs Arguelles 156 SCRA 718).  A land registration court has no jurisdiction to adjudge a land to a person who has never asserted any right of ownership thereof (CaragayLayno vs. CA, 133 SCRA 718)  The court may reverse its decision even after the LRA has already issued the decree of registration (Gomez vs CA 168 SCRA 503). NOTE: The judgment becomes final upon the lapse of 15 days counted from receipt of notice of the judgment. However, notwithstanding the lapse of the 15-day period from receipt of judgment by the parties, the court continues to retain control over the case until the expiration of 1 year after the entry of decree of registration by the LRA. C. Post-Judgment Incidents a. Writ of possession GENERAL RULE: The judgment adjudicating ownership to the successful applicant impliedly carries with it the delivery of possession if he is deprived, since the right of possession is inherent in that of ownership EXCEPTIONS: 1. A writ of possession does not lie in a land registration case against a person who entered the property after issuance of the final decree and who had not been a party in the case 2. A writ of possession cannot be issued in a petition for reconstitution of allegedly lost or destroyed certificate of title. b. Writ of demolition - a complement of the writ of possession, without which the latter would be ineffective (Lucero vs. Loot 25 SCRA 678) DECREE OF REGISTRATION  This is the decree issued by the LRA pursuant to the order of the court. As such, the decree has been considered as the ‘condensed form’ of the court’s judgment.

 The decree of registration binds the land, quiets title thereto, subject only to such exceptions or liens as may be provided by law. It is conclusive upon all persons including the national government and all branches thereof, whether mentioned by name in the application or notice, the same being included in the general description “To All Whom It May Concern.” And such conclusiveness does not cease to exist when the title is transferred to a successor. (Melgar vs. Pagayon. 21 SCRA 841)  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 data found in the record. However, if they are in doubt upon any point in relation to the preparation and issuance of the decree, they are duty bound to refer the matter to the court. They act in this respect, as officials of the court. The administrator is thus not legally obligated to issue the decree where, upon his verification, he finds that subject land has already been decreed and titled in another’s name. (Ramos vs. Rodriguez, 244 SCRA 418) Contents: (Sec. 31 P.D. 1529) a. Date, hour and minute of its entry b. It shall state whether the owner is married or unmarried, and if married, the name of spouse: provided that if the land is conjugal property, the decree shall be issued in the name of both spouses c. If the owner is under disability, the nature of such disability, and if a minor, his age d. Description of the land and shall set forth the estate of the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens, attachments, and other encumbrances e. Other matters to be determined in pursuance of law

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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CERTIFICATE OF TITLE  This is the true copy of the decree of registration or the transcription thereof and like the decree shall also be signed by LRA Administrator (Sec. 39, PD No. 1529)  It takes effect upon the date of entry thereof, and the land covered thereby becomes registered land on that date  Registration does not vest title. It is merely evidence of such title over a particular property. And a Torrens certificate is the best evidence of ownership over registered land. (Villanueva vs. CA, 198 SCRA 472; Chavez vs. PEA & Amari Coast Bay Dev’t. Corp., 384 SCRA 153)  However, simple possession of a certificate of title does not necessarily make the holder thereof a true owner of all the property described therein, such as when title includes by mistake or oversight, land which can no longer be registered under the Torrens system, as when the same land has already been registered and an earlier certificate for the same land is in existence. (Caragay-Layno vs. CA, 133 SCRA 718)  In determining whether a property belongs to the conjugal partnership or paraphernal property of one of the spouses, it is important to note in whose name or names the title is registered. This is so because the certificate of the title does not establish the time of the acquisition of the property. It only confirms a pre existing title. (Ponce de Leon vs Rehabilitation Finance Corp., 36 SCRA 289) Attributes and Limitations on certificates of title and registered lands: 1. Free from liens and encumbrances  Claims and liens of whatever character existing against the land prior to the issuance of the certificate of title are cut off by such certificate and the certificate so issued binds the whole world, including the government. EXCEPTIONS:

a. Those noted on the certificate b. Liens claims or rights arising or existing under the laws and the Constitution, which are not by law required to appear of record in the Register of Deeds in order to be valid c. Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of the right over the land by an innocent purchaser for value d. Any public highway, or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does not state the boundaries of such highway or irrigation canal or lateral thereof have been determined e. Any disposition of the property or limitation on the use thereof pursuant to P.D. 27 or any other law or regulations on agrarian reform. 2. Incontrovertible and indefeasible GENERAL RULE: Upon expiration of 1 year from and after the entry of the decree of registration in the LRA, the decree and the corresponding certificate of title becomes incontrovertible and indefeasible. EXCEPTIONS: a. If previous valid title of the same land exists b. When land covered is not capable of registration c. When acquisition of certificate is attended by fraud 3. Registered land not subject to prescription  Thus, even adverse, notorious and continuous possession under claim of ownership for the period fixed by law is ineffective against a Torrens title. (JM Tuason and Co. Inc. vs. CA, 93 SCRA 146)  The fact that title to land was lost does not mean that the land ceased to be registered land before the reconstitution of its title. It cannot perforce be acquired by

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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prescription. (Rivera vs. CA, 244 SCRA 218)

adjudication of title to the lands or lots involved in said proceeding.

3. Certificate of title not subject to collateral attack  Sec 48. P.D. 1529 “A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or cancelled except in a direct proceeding in accordance with law.

 Procedure: 1. Notice of cadastral survey published once in OG and posted in conspicuous place; copy furnished mayor and barangay captain 2. Notice of date of survey by BLM and posting in bulletin board of the municipal building of the municipality or bario, and shall mark the boundaries of the lands by monuments set up in proper places thereon 3. Cadastral survey 4. Filing of petition 5. Publication, mailing, and posting NOTE: Publication of Notice of Initial Hearing to be published twice in successive issues of the Official Gazette 6. Filing of Answer 7. Hearing of the case 8. Decision 9. Issuance of Decree and Certificate of Title

General Incidents of Registered Land  Registered land or the owners thereof are not relieved from the following: a. From any rights incident to the relation of husband and wife, landlord and tenant b. From liability to attachment or levy on execution c. From liability to any lien of any description established by law on the land and buildings thereon, or in the interest of the owner in such land or building d. From any right or liability that may arise due to change of the law of descent e. From the rights of partition between co-owners f. From the right of government to take the land by eminent domain g. From liability to be recovered by an assignee in insolvency or trustee or bankruptcy under the laws relative to preferences h. From any other rights or liabilities created by law and applicable to unregistered land CADASTRAL REGISTRATION  a proceeding in rem, initiated by the filing of a petition for registration by the government, not by the persons claiming ownership of the land subject thereof, and the latter are, on the pain of losing their claim thereto, in effect compelled to go to court to make known their claim or interest therein, and to substantiate such claim or interest NOTE: Here, the government does not seek the registration of land in its name. The objective of the proceeding is the

Actions taken by the Cadastral court of the trial: 1. Judgment or decision which adjudicates ownership of the land involved in favor of one or more claimants. This is the decree of the court. 2. Declaration by the court that the decree is final and its order for the issuance of the Certificate of Title by the LRA 3. Registration of the decree by the LRA and issuance of the corresponding Certificate of Title Doctrine: The Cadastral court is not limited to merely adjudication of ownership in favor of one or more claimants. If there are no successful claimants, the property is declared public land. Additionally, while the court has no jurisdiction to adjudicate lands already covered by a Certificate of Title, it is nonetheless true that this rule only applies where there exists no serious controversy as to the certificate’s authenticity vis-à-vis the land covered therein. (Republic vs Vera

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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120 SCRA 210; Widows and Orphans Assoc., Inc. vs CA 201 SCRA 165.) P.D. No. 1529

CADASTRAL

1. Nature of Registration Voluntary Compulsory 2. Applicant Landowner Director of Lands 3. Lands Covered Usually involves all classes of lands private land; it may are included also refer to public agricultural lands if the object of the action is confirmation of an imperfect title 4. Parties Applicant and Landowners must opponent come to court as claimants of their own lands 5. Purpose Petitioner comes to Government asks the court to confirm his court to settle and title and seeks the adjudicate the title registration of the of the land land in his name 6. Person who Requests the Survey Landowner Government 7. Effect of Judgment No adverse claim; if if none of the the applicant fails to applicants can prove prove his title, his that he is entitled to application may be the land, the same dismissed without shall be declared prejudice (no res public (res judicata) judicata)

REMEDIES OF AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS 1. New Trial  Grounds: (Section1 Rule 37,Rules of Court) a. fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against b. newly discovered evidence c. award of excessive damages, or insufficiency of the evidence to justify the decision  Period of filing: within the 15-day period for perfecting an appeal 2. Relief from Judgment  Nature: subsidiary remedy, i.e. may be availed only when the judgment

has become final and a new trial is not available  Grounds: when a judgment is entered against a party through fraud, accident, mistake, or excusable negligence, such party may file a petition in the court that rendered such judgment praying that the said judgment be set aside.  Period of filing: within 60 days after the petitioner learns of the judgment, order, or proceeding and not more than 6 months after such judgment or order was entered or such proceeding was taken. 3. Appeal  under P.D. 1529, judgments and orders in land registration cases are appealable to the Court of Appeals or to the Supreme Court in the same manner as ordinary actions  must be filed within 15 days from receipt of the judgment or final order appealed from. 4. Petition for Review (of a DECREE)  any person may file a petition for review to set aside the decree of registration on the ground that he was deprived of their opportunity to be heard in the original registration case not later than one (1) year after the entry of the decree. NOTE: It is a petition for REVIEW OF JUDGEMENT when it is filed after rendition of the decision but before the entry of the decree of registration. And it is a petition for REVIEW OF THE DECREE when it is filed within the one year period after such entry.  Grounds for review of the decree: a) actual or extrinsic fraud – refers to any fraudulent act of the successful party in a litigation which is committed outside the trial of a case against the defeated party, his agents, attorneys or witnesses, whereby defeated party is prevented from presenting full and fairly his side. b)fatal infirmity in the decision for want of due process (Tiongco vs, De la Merced, 58, SCRA 89); c) lack of jurisdiction of the court

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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 Requisites for REVIEW OF THE DECREE: a. petitioner has a real and dominical right b. he has been deprived thereof c. through fraud (actual/extrinsic) d. petition is filed within one year from issuance of the decree e. the property has not yet passed to an innocent purchaser for value 5. Action for Reconveyance  an action seeking to transfer or reconvey the land from the registered owner to the rightful owner  may be filed even after the lapse of one year from entry of the decree of registration as long as the property has not been transferred or conveyed to an innocent purchaser for value.  an action for reconveyance does not aim or purport to reopen the registration proceedings and set aside the decree of registration but only to show that the person who secured the registration of the questioned property is not the real owner thereof. The action, while respecting the decree as incontrovertible, seeks to transfer or reconvey the land from the registered owner to the rightful owner. (Esconde vs Borlongay, 152 SCRA 603) Grounds for Reconveyance and corresponding period of prescription Grounds 1. Fraud

2.Implied or constructive trust

Prescriptive Period  4 years from the discovery of the fraud (deemed to have taken place from the issuance of the original certificate of title)  10 years from the date of the issuance of the OCT or TCT  the above rule does not apply

3. Express trust 4. Void Contract

where the person enforcing the trust is in actual possession of the property because he is in effect seeking to quiet title to the same which is imprescriptible  not barred by prescription  imprescriptible

6. Action for Damages  May be resorted to when a petition for review and an action for reconveyance is no longer possible because the property has passed to an innocent purchaser for value and in good faith.  an ordinary action for damages prescribes in ten (10) years after the issuance of the Torrens title over the property. 7. Action for Compensation from Assurance Fund  Requisites: a) The aggrieved party or the suitor sustained loss or damage, or is deprived of land or any estate or interest therein; b) Such loss, damage or deprivation 1) was occasioned by the bringing of the land under the operation of the Torrens system, or 2) arose after original registration of land c) The loss, damage or deprivation was due to: 1) fraud, or 2) any error, omission, mistake or misdescription in any certificate of title or in any entry or memorandum in the registration book d) There was no negligence on his part e) He is barred or precluded under the provisions of PD 1529 or under the provision of any law from bringing an action for the

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

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f)

recovery of such land or the estate or interest therein; The action has not prescribed.

 must be instituted within a period of 6 years from the time the right to bring such action first occurredwhich is the date of issue of the certificate of title. 8. Cancellation Suits  Where two certificates are issued to different persons covering the same land, the title earlier in date must prevail  The latter title should be declared null and void and ordered cancelled.

LAND PATENTS  Kinds: To Whom Granted

1.  to any Homestead Filipino Patent citizen over the age of 18 years or head of a family

9. Annulment of judgment  May only be availed of when the ordinary remedies of new trial, petition for relief, or other appropriate remedies are no longer available through no fault of petitioner (Linzag vs. Court of Appeals, 291 SCRA 304) 10. Quieting of Title  An action that is brought to remove clouds on the title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title. (Art. 476 Civil Code)  It is an ordinary civil remedy [Sy, Sr. vs. IAC, 162 SCRA 130 (1988)]  Aside from the registered owner, a person who has an equitable right or interest in the property may likewise file such action (Mamadsul vs. Moson, 190 SCRA 82, 89) 11. Criminal Action  State may criminally prosecute for perjury the party who obtains registration through fraud, such as by stating false assertions in the sworn answer required of applicants in cadastral proceedings (People vs. Cainglet, 16 SCRA 749)

2. Free Patent

 to any natural born citizen of the Phils.

3. Sales Patent

 citizens of the Phils. of lawful age or such citizens not

Requirements

 does not own more than 24 hectares of land in the Phils. or has not had the benefit of any gratuitous allotment of more than 24 hectares  must have resided continuously for at least 1 year in the municipality where the land is situated  must have cultivated at least 1/5 of the land applied for  does not own more than 12 hectares of land  has continuously occupied and cultivated, either by himself or his predecessors -in- interest tract/s of agricultural public land subject to disposition  to have at least 1/5 of the land broken and cultivated

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law

263 MEMORY AID IN CIVIL LAW

of lawful age who is head of a family may purchase public agricultural land of not more than 12 hectares

4. Special Patents

 to NonChristian Filipinos under Sec. 84 of the Public Land Act.

within 5 years from the date of the award  shall have established actual occupancy, cultivation and improvement of at least 1/5 of the land until the date of such final payment  Secretary of the DILG shall certify that the majority of the nonChristian inhabitants of any given reservation have advanced sufficiently in civilization

NOTE: when a free patent title is issued to an applicant and the sea water moves toward the estate of the title holder, the invaded property becomes part of the foreshore land. The land under the Torrens system reverts to the public domain and the title is annulled. (Republic vs CA and Josefina Morato, 281 SCRA) Restriction on Alienation/Encumbrance of Lands titled Pursuant to Patents: 1. Lands acquired under free patent or homestead patent is prohibited, except if in favor of the government, 5 years from and after the issuance of the patent or grant (RP vs Heirs of Felipe Alejaga, Sr., 939 SCRA 361) 2. Transfer or conveyance of any homestead after 5 years and before 25 years after issuance of title without the approval of the Secretary of DENR

Actions against improper, illegal issuance of patents 1. Reversion suits  The objective is the cancellation of the certificate of title and the consequential reversion of the land covered thereby to the State. Grounds for reversion: a. Violation of Sections 118, 120, 121 and 122 of the Public Land Act (eg. Alienation or sale of homestead executed within the 5 year prohibitory period) b. When land patented and titled is not capable of registration c. Failure of the grantee to comply with conditions imposed by law to entitle him to a patent or grant d. When area is an expanded area (see Republic vs. Heir of Villa Abrille, 71 SCRA 57) e. When the land is acquired in violation of the Constitution; eg. Land acquired by an alien may be reverted to the State. NOTE: indefeasibility of title, prescription, laches and estoppel do not bar reversion suits 2. Cancellation Suits  it is the aggrieved private party that institutes the action [Agne vs. Dir. of Lands, 181 SCRA 793 (1990)] 3.

Action for Reconveyance discussion on page 16)

(see

RECONSTITUTION OF CERTIFICATE OF TITLE  Meaning: The restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition, under the custody of Register of Deeds.  Purpose: to have the same reproduced, after proper proceedings, in the same form they were when the loss or destruction occurred. (Heirs of Pedro Pinote vs. Dulay, 187 SCRA 12)  Kinds: 1) Judicial - partakes the nature of a land registration proceeding in rem.

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)

264

2005 CENTRALIZED BAR OPERATIONS

2) Administrative - may be availed of only in case of: a. Substantial loss or destruction of the original land titles due to fire, flood, or other force majeure as determined by the Administrator of the Land Registration Authority; b. The number of certificates of title lost or damaged should be at least 10% of the total number in the possession of the Office of the Register of Deeds; c. in no case shall the number of certificates of title lost or damaged be less than P500; and d. Petitioner must have the duplicate copy of the certificate of title. (RA 6732) NOTE: The law provides for retroactive application thereof to cases 15 years immediately preceding 1989. NOTE: When the duplicate title of the landowner is lost, the proper petition is not reconstitution of title, but one filed with the court for issuance of new title in lieu of the lost copy. Sources for Judicial Reconstitution of Title: 1. For OCT (in the following order): a. Owner’s duplicate of the certificate of title b. Co-owner’s, mortgagee’s or lessee’s duplicate of said certificate c. Certified copy of such certificate, previously issued by the Register of Deeds d. Authenticated copy of the decree of registration or patent, as the case may be, which was the basis of the certificate of title e. Deed or mortgage, lease or encumbrance containing description of property covered by the certificate of title and on file with the Registry of Deeds, or an authenticated copy thereof f. Any other document which, in the judgment of the court, is

sufficient and proper basis for reconstitution. 2. For TCT a. Same as sources a), b), and c) for reconstitution of OCT b. Deed of transfer or other document containing description of property covered by transfer certificate of title and on file with the Registry of Deeds, or an authenticated copy thereof c. same as sources e) and f) for reconstitution of OCT. Sources for Administrative Reconstitution of Title 1. owner’s duplicate of the certificate of title 2. co-owner’s, mortgagee’s, or lessee’s duplicate of said certificate Publication, Mailing and Posting in petitions for reconstitution of title  Rules: a. Notice thereof shall be published twice in successive issues of the Official Gazette b. Must be posted on the main entrance of the provincial building and of the municipal building of the municipality or city where the land is situated c. to be sent by registered to every person named in said notice NOTE: The above requirements are mandatory and jurisdictional (Metropolitan Waterworks and Sewerage System vs. Sison, 124 SCRA 394) OTHER PETITIONS/TRANSACTIONS AFTER ORIGINAL REGISTRATION 1. Amendment and alteration of Certificate of Title  Grounds: a. When registered interests of any description, whether vested, contingent, or inchoate have terminated and ceased b. When new interests have arisen or been created which do not appear upon the certificate c. When any error, omission, or mistake was made in entering a certificate or any memorandum

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law

265 MEMORY AID IN CIVIL LAW

thereon or on any duplicate certificate d. When the name of any person on the certificate has been changed e. When the registered owner has been married, or, registered as married, the marriage has terminated and no right or interest of heirs or creditors will thereby be affected f. When a corporation, which owned registered land and has been dissolved, has not conveyed the same within 3 years after its dissolution g. When there is a reasonable ground for the amendment or alteration of title. NOTE: The court has no jurisdiction or authority to reopen the judgment or decree of registration; nor impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs and assigns, without his or their written consent. After due hearing, the court may only: a. Order the entry or cancellation of a new certificate b. Order the entry or cancellation of a memorandum upon a certificate, or c. Grant any other relief upon such terms and conditions as it may consider proper (Secs. 107 and 108, PD 1529)

b. Where a voluntary instrument cannot be registered by reason of the refusal or failure of the holder to surrender the owner’s duplicate certificate of title; and c. Where the owner’s duplicate certificate is not presented for amendment or alteration pursuant to a court order 3. Replacement of lost duplicate certificate of title  “due notice under oath shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province of city where the land lies as soon as the loss or theft is discovered.” (Section 109, PD 1529)  Petition for replacement should be filed with the RTC of the province or city where the land lies.  Notice to Solicitor General by petitioner is not imposed by law but it is the Register of Deeds who should request for representation by the Solicitor General (Republic vs. CA, 317 SCRA 504)  A proceeding where the certificate of title was not in fact lost or destroyed is null and void for lack of jurisdiction and the newly issued duplicate is also null and void. (New Durawood Co., Inc. vs. CA, 253 SCRA 740)

2. Surrender of withheld duplicate certificate of title  Grounds: a. When it is necessary to issue a new certificate of title pursuant to any involuntary instrument which divests the title of the registered owner against his consent

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon  SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conflicts of Law)