Chavez vs. Public Estates Authority Issues: 1.

Private corporation are not legally qualified to acquire alienable land of public domain under 1973 and 1987 constitution: alienable lands of public domain (see consti) 1935 consti qualified corporation may legally acquire lands of public domain (# of ha. check) If corp acquired land while 1935 consti was still in effect it is allowed by law. They acquire vested rights over the land. But if the land is still public land in 1973 or 1987 consti took effect then private corporations are no longer qualified to own alienable lands of public domain. 2. Submerge area-Manila Bay remains inalienable resources of public domain until it is reclaimed and classified by state as alienable and disposable land of public domain. 2 steps: 1. submerge area (foreshore land) process in order that the subject of private ownership is first there should be reclamation and second that it should be declared alienable and disposable land of public domain. The submerge portion cannot be legally transferred to any private party since the land is still beyond the commerce of man until it is reclaimed and classified as alienable and disposable land of the public domain simply means that although there is a plan to reclaim the area the PEA for example cannot yet sell the land that would be covered by the reclamation project. Why? Because it is still submerge area and therefore it is still inalienable land of the public domain. There must be actual reclamation first and then a proclamation by government that the land is already alienable and disposal land of public domain (ADLPD). What about foreshore land? Also inalienable land of public domain (ILP) since the adoption of the regalian doctrine. Foreshore areas are always part of PD. And the doctrine must remain unchanged or immutable since the Spanish law of waters of Phil Those were some of the issues of the case. The mode of acquiring land by voluntary transfer is done if the land owner conveys or grants the land to another. How is it done? By entering into a contract ofcourse the common example would be the deed of absolute sale as the evidence of the conveyance. If it covers registered land it must be registered. In voluntary transfer the cooperation of the author(?) is required and necessary. On the other hand, in involuntary alienation it does not require the cooperation or consent of the owner. Sometimes, the alienation is even effected against his will. For example, condemnation proceedings, escheat or forfeiture proceedings. Land acquired by public officials from graft and corruption, they may subject to escheat or forfeiture proceedings. Levy on execution or levy on attachment are also proceedings involving involuntary alienation. Also seizure of land from tax delinquency, non-payment of real estate tax. Succession. Acquiring land title from the estate of the decease owner is also known as title by descent. Succession takes place from the death of the decedent. The heirs of the decedent acquires all the transmissible rights and obligations of the deceased upon the death of the decedent. Device is the gift of the immobile property to an heir whom is called the devisee. If the gift through testamentary provisions, if there is last will and testament, if what is given is personal property then it is called legacy. The usual method of transferring title to lands acquired by succession is extra judicial settlement of estate the decedent is to deal and deducts debts and liens can execute the extra judicial settlement of estate. TORRENS SYSTEM OF REGISTRATION

The person who devised the mode of land registration pattern after the English merchant shipping act was named Sir Richard Robert Torrens. He was able to make the land registration scheme into law, the system of registration must universally known as Torrens System of Registration. The procedure of system of registration, was a judicial proceeding. The person must apply for registration and present evidence. If the title is confirmed then a certificate of title will be issued in his name. If a sale covering a registered land is not registered. Would it have any effect? It depends. 1. With respect to the contracting parties if it has an effect, it is binding between the contracting parties. Basis: estoppels by deed. Since the parties executed the deed, they cannot deny their own acts. It has been affected adversely, even if the sale or mortgage covering the registered land is not registered. Who else are bound by an unregistered sale or mortgage of a registered land? 2. Heirs, assigns and successors in interest. Basis: 1311, Relativity of contract. 3rd persons who have no knowledge of unregistered transaction are not bound. Why? Basis: principle constructive notice. You are not considered notified of unregistered sale. Or in other words, you are considered notified if the sale is registered. Registration is the operative act that conveys or binds the property. Therefore, if the transaction is not registered then it is not binding upon 3rd persons who have no knowledge of such transactions. What about 3rd persons who have knowledge of the transaction? They are bound. Basis: Since the purpose of registration is to provide notice to all persons. And the purpose of notice is to provide knowledge or information. Since, the purpose of registration is notice. And the purpose of notice is knowledge then actual knowledge of transaction is equivalent of registration. (Registration=notice, notice=knowledge. Therefore, knowledge=registration) Consolidated Rural Bank vs CA , Montalban(?) vs La Luz: Why is it actual knowledge of transaction is equivalent to registration? It is because as far as 3rd persons and actual knowledge of the transaction are concerned, the purpose of registration is accomplished. Gov. agency tasked to implement the provisions of prop registration decree: Land Registration Authority. Headed by Land registrar and assisted by 2 deputy administrators. Functions of admin: under PD 1529, Sec 6. LRA is under Dept. of justice. Register of deeds function: Sec 10, 1529. Immediately register an instrument presented for registration which complies with all the requisites of registration. If the instrument is not registrable, the RD may deny registration and inform the presentor of such denial in writing stating the ground or reason thereof. Nature of function of RD: Ministerial in character. As long as the documented presented complies with the requisites of law (sec112 of PD1529: notarized by notary public, making the instrument a public document), meaning registrable document, the RD must not deny its registration. The only issue the RD determines is w/n the document present complies with the law pr sec 112 of PD1529. He has no discretion. What about duly acknowledge deed of absolute sale which the signature of the seller is forged but it complies with sec112. May the reg of deeds deny registration? No. he may not deny registration of registrable document. The determination whether the document is valid or not does not involve in the exercise of ministerial duty or function, it is already an exercise of discretion. It is not within competence or authority of RD to deny registration of the contract or instrument based on

the supposed invalidity or illegality of contract evidenced by such instrument or document. SC said that the supposed invalidity of contract or breach is no valid objection to dare registration because invalidity is no proof of their non existence or a valid excuse for denying their registration. The law on registration does not require that only valid instruments shall be registered. How can parties affected thereby suppose to know the invalidity before they become aware actually or constructively of their existence? If the purpose of the registration is merely to give notice, then questions regarding the effect or the invalidity of instrument are expected to be determined after and not before registration.It must follow, as a necessary consequence that registration must first be allowed and validity and effect litigated afterwards. The issue of validity pertains to the judiciary, the courts. It is for the court to determine whether the document is valid or not given the signature is forged. The RD may not exercise that power, discretionary power. Basis for denying registration: private document (not notarized), those involving conjugal properties and the husband signed deed of donation and wife did not. For properties owned by spouses, both spouses must sign the document. What is the nature of land registration proceedings? Sec2 provides that LRP shall be in rem. See sec2. Judicial+ in rem. In rem means the entire proceedings, the judgment, the certificate of title (CT) issued to the reg owner is binding upon everyone. It is binding upon the whole world. How it is done? In ordinary civil action, the defendant of the case must be served summons before they may acquire jurisdiction of the person of the defendant. How is it done? It is done through publication of the notice of judicial hearing under sec23. How the whole world is made parties to the case? Because notice of initial hearing is addressed to certain persons, like occupant, adjoining owners and the representative of the government. The notice is addressed to everyone. Under sec 23, it is addressed to all whom it may concern. Secondly, upon publication of Notice of initial hearing (NIH) under section 26 then everyone, the whole world is made party to the land registration case. Hence, in rem means it is binding and conclusive to the whole world whether known or not. The SC said that all persons who may be adversely affected by the proceedings, may be bound by the proceedings, innocent actually as they might have been of the publication of the aforesaid NIH. In proceeding in rem, the court has jurisdiction over the res which means thing and the proceeding is binding upon the whole world. What is the res or the thing in LRP. The land itself. In proceeding in rem, walang parties yan. On the other hand, there is an action in personam, personal action. It is an action directed against specific person. Such action binds only the parties to the case, the heirs, assigns and successors in interest. Caption: ABC vs XYZ. Ex. Action for recovery of parcel of land. Binding only upon the parties. Function of RD would come into play when we discuss the doctrine on false deed of conveyance being the root of a valid title. How can a forge deed be a source of valid title. Quasi in rem-against specific person but the purpose of action is to subject the land to a lien burdening it. For ex. Judicial foreclosure of attached lien, mortgage lien. Caption same as personam. Extent of the power of LR Court: Under sec. 2, (hears and determines ALL) SC made the clarification that RTC acting as LRC has no limited jurisdiction. No more distinction between original jurisdiction and the limited jurisdiction conferred upon LRC. Why? Because of provision of sec 2. Averia vs cagiao SC: sec2

has eliminated distinction general and limited jurisdiction conferred upon it by former law, Act 496, avoiding multiplicity of suits. De Los Angeles vs Santos: Once the LRC validly acquires jurisdiction over land registration case or cadastral case it cannot be divested of such power. SC: once LRC has validly acquired jurisdiction over ordinary land registration case it retains such jurisdiction even if LRA subsequently issue homestead patent covering the same land. Subsequent issuance of homestead patent cannot divest the court its jurisdiction. The authority of directors of land to issue homestead patent is limited only to lands of public domain and not to lands already of private ownership. It is up to the court to determine if the land is private or part public domain. Which court has original jurisdiction? RTC. What about inferior courts? MTRC and the like? They acquire jurisdiction through delegation of SC under Sec34, RA 7691. The SC has the power to assign MTRC power to hear cadastral cases. What cases may be heard by inferior court? Cases covering land with no controversy, covering contested land the value of which does not exceed 100, 000. Jurisdiction of inferior courts? Delegated jurisdiction. If inferior court rendered judgment where they appeal? CA. Inferior courts exercise power pertaining to RTC as delegated to them by SC. Therefore, the appeal should be made to CA. What is the mode of land registration proceedings? 1. Judicial. 2. Administrative. Under judicial: 1. Judicial confirmation of incomplete or imperfect title (CA141), 2. Voluntary land registration proceedings or ordinary (PD1529), 3. Cadastral proceedings (sec 35-38, PD1529), 4. Indigenous peoples right act (RA 8371). Under admin, sec103 of PD1529, land patents, land covered by government grants or patent. Under 8371, the individual members of indigenous community may register his ancestral land. The individual owner has the option to secure title to ancestral land under CA141 or RA 8371. Ancestral land-land occupied, possess by families who are members of ICCs since time immemorial or by their predecessors, continuously to the present except if interrupted by war(see defn under RA 8371). Ex. Igorot from ifugao. Ancestral community they own ancestral domain, individual they own ancestral land. What may be registered? Ancestral land by individual. II Judicial proceedings of incomplete or imperfect title (IIT) Nature of proceedings? If action is judicial of IIT. In rem, judicial-voluntary and cadastral proceedings. What particular law governs judicial confirmation of IIT? CA 141, Public Land Act (PLA). Before ca 141, What is the basis of filing judicial confirmation of IIT? Sec. 48,b of CA 141. Under, sec 48, what is the mode of acquisition? Possession and occupation. What kind of land? alienable and disposable lands of public domain. (see sec. 48,b) What (characteristic) kind of possession and occupation. Open, continuous, exclusive and notorious (OCENO) and under a bona fide claim of ownership or acquisition. Since when the occupation of the land commence in order a person may file judicial proceeding of IIT? June 12, 1945. Under judicial confirmation of IIT, what kind of land? Alienable and disposable lands of public domain. It must be in the possession and occupation of the applicant. Who may apply? Citizens of

the Philippines, occupying lands of public domain or claiming to own such land or an interest therein but whose title has not been perfected or completed. Who else aside from Phil citizens? Private corporations that acquired lands same requisite as phil . citizens. Who else? Former Natural born Filipino who acquired the land from Filipino citizens who by themselves or their predecessor in interest. What is it that the applicants in JCIIT must prove by evidence to the court? 1. The land is alienable and disposable land of public domain; and 2. His possession and occupation must be for the length of time and in the manner and concept stated in Sec. 48,b of PLA. What is the manner under 48,b? OCENO and under bona fide claim of ownership. Examples of evidence that prove that the land is alienable and disposable land of public domain: There must be a positive act by the government. Example of positive act: Executive order, presidential proclamation, legislative act. Period of filing: Dec 31, 2020. Limit as to the area: not exceeding 12 hectares. What kind of land? Before occupied and possessed by a person it must be public land. What pieces of evidence may be presented to prove that possession and occupation is OCENO? Documents