Escolar Documentos
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Where was the Torrens System devised and first introduced? Who
devised it and when?
All lands granted under said system which are not yet covered by a
certificate of title issued under the Torrens system are considered as
unregistered lands. Section 3, PD 1529
RTC
If the value of the lot exceeds
P100,000
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DECS-IV
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;
Exercise supervision and control over all Registers of Deeds and other
personnel of the Commission;
Resolve cases elevated en consulta by, or on appeal from decision of,
Registers of Deeds;
Exercise executive supervision over all clerks of court and personnel of
the Courts of First Instance throughout the Philippines with respect to
the discharge of their duties and functions in relation to the registration
of lands;
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 therefor;
Verify and approve subdivision, consolidation, and consolidation-
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What are the duties of the Register of Deeds under Section 10 of P.D. 1529?
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What is the duty of the ROD if the instrument presented is not registrable?
He shall forthwith deny registration thereof and inform the presenter of such
denial in writing, stating the ground or reason therefor, and advising him of his
right to appeal by en consulta in accordance with Section 117 of PD 1529
(Section 10, P.D. 1529)
Who or which body has the power to determine whether a document is valid or
not?
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Where there are more than one copy of the owners duplicate
certificate of title and not all such copies are presented to the ROD;
Where the voluntary instrument bears an infirmity on its face (e.g.
Property is conjugal and only the husband donated 2/3 of the
property in the Deed of Donation); or
Where the validity of the instrument sought to be registered is in
issue in a pending court suit
How can interested parties protect their rights if registration is suspended due
to a pending case involving the property?
What should the Register of Deeds do in case of doubt as to the proper action
to take on an instrument or deed presented to him for registration?
The ROD should submit the question to the Administrator of the Authority.
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What is the effect of a certificate of title that did not comply with the
requisites under the law?
The co-owners shall file the application jointly (Section 14, PD 1529)
Who may file an application for the registration of land if the land has
been sold under pacto de retro?
Who may file an application for the registration of land if the land is
subject to a trust?
GR: A trustee
XPN: if prohibited by the instrument creating the trust
Article 1137 of the Civil Code: ownership and other real rights over
immovables also prescribe through uninterrupted adverse possession
thereof for thirty years, without need of title or of good faith
What is the reason behind the law giving the riparian owner the right to
any land or alluvion deposited by a river?
Who owns the riverbeds that have been abandoned due to the natural
change in the course of the waters?
They ipso facto belong to the owners whose lands are occupied by the
new course in proportion to the area lost.
They have a right to acquire the same by paying the value thereof,
which shall not exceed the value of the area occupied by the new bed.
Article 461, Civil Code
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If the names of the occupants and adjoining owners are not known,
what should the applicant do?
The applicant must state the extent of the search made to find them.
It should state whether or not the applicant claims any and what
portion of the land within the limits of the way or road, and whether the
applicant desires to have the line of the way or road determined.
May the Court require additional facts and papers to be stated in the
application?
If it is not shown that the applicant has furnished the Director of Lands
with a copy of the application and all annexes. Section 17, PD 1529
No.
Up till when may persons who possess the qualifications for judicial
confirmation of imperfect or incomplete title file an application for
registration?
The applicant must secure a certification from the Government that the
lands which he claims to have possessed as owner for more than 30
years (or since June 12, 1945 under PD No. 1073) are alienable and
disposable.
Who has the burden to prove that the land is alienable and disposable
in a proceeding for judicial confirmation of imperfect or incomplete
title?
The applicant
O-C-E-a-N
Possession is
Open when it is patent, visible, apparent, notorious and not
clandestine.
Continuous when uninterrupted, unbroken and not intermittent or
occasional;
Exclusive when the adverse possessor can show exclusive dominion
over the land and an appropriation of it to his own use and benefit;
and
Notorious when it is so conspicuous that it is generally known and
talked of by the public or the people in the neighborhood.
Once the conditions under the law have been met (possession and
occupation of alienable and disposable agricultural land of the public
domain for at least 30 years since June 12, 1945 or earlier). The land
is converted to private property by mere lapse or completion of said
period, ipso jure (Director of Lands v. IAC). The application for
confirmation is a mere formality.
No. As long as said public land remains alienable and disposable and
the time period of possession and occupation has been met.
Director of Lands v. IAC
By which right does the State hold properties of the public dominion?
By Regalian right
Agricultural lands
Section 2, Article XI, Constitution
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How does the Office of the President classify lands of the public
domain?
It refers to the legal nature or status of the land and is not descriptive
of what the land actually looks like. (Heirs of Jose Amunategui v.
Director of Forestry)
They are considered a part of public forests of the Philippines and are
not alienable under the Constitution and may not be the subject of
private ownership and until and unless they are first released as forest
land and classified as alienable agricultural land.
Director of Forestry v. VIllareal
It is that part of the land which is between high and low water and left
dry by the flux and reflux of the tides. However, If submergence of the
land is due to precipitation (rainfall) it does not become foreshore
despite its proximity to the waters. Reublic v. Alagad
GR: No
XPN: Unless declared by the executive or legislative branch of the
government as disposable.
What is the effect on the legal nature of the creek if the water of a
creek is prevented from flowing in and out of it, due to the construction
of irrigation dikes by the National Irrigation Administration?
What is the effect on the title if a person buys land and in the title of
that land a part or the whole of a lake is included?
What is the legal status of a second decree for the same land?
Who owns alluvial deposits along the river when they are man-made?
The State. The riparian owner does not acquire ownership thereof.
Such deposit is really an encroachment of a portion of the bed of the
river, classified as property of the public domain under Article 420(1)
and 502(1) of the Civil Code.
How long does the Court have to issue an order setting the date and
hour of the initial hearing?
When should the date of the initial hearing for registration of title be?
It shall not be earlier than 45 days and not later than 90 days from the
date of the order.
How should the public be given notice of the initial hearing of the
application for land registration?
1. Publication;
2. Mailing; and
3. Posting
Who shall cause the notice of the initial hearing of the application for
land registration?
What are the purposes and effects of publication of the notice of the
application for registration?
1. To confer jurisdiction over the land applied for upon the court;
and
2. To charge the whole world with knowledge of the application of
the land involved, and invite them to take part in the case and
assert and prove their rights over the property subject thereof
It must be declared null and void insofar as the land not included in the
publication is concerned. Benin v. Tuason
What is the effect on the certificate of title if the difference in the area
included publication and as reproduced in the original certificate of title
is not so substantial?
GR: The failure to publish the bigger area does not perforce affect the
courts jurisdiction (Benin v. Tuason)
XPN: Where the amendment of the original survey plan of the land
applied for was made after the court has rendered its decision, the
case must be re-opened.
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If the applicant requests to have the line of a public way or road determined:
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To the Secretary of Public Highways, the Provincial Governor and the Mayor
as the case may be, in which the land lies
If the land borders on a river, navigable steam 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 or the proceedings that a tenant-farmer or the national
government may have a claim adverse to that of the applicant
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Where should posting of the initial hearing for registration be made and by
whom?
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Sheriff or deputy
When should notice for the initial hearing for registration be made?
Certifications
1. By the Administrator of the LRA; AND
2. By the Sheriff concerned
Are the certifications by the Administrator of the LRA and the Sheriff
conclusive proof of publication and notice?
GR: Yes
XPN: NOT if the certification is made even prior to the actual publication of the
notice or release for circulation of the Official Gazette or prior to the
completion of the 14-day period of actual posting of such notice
When and how long should publication of the notice for the initial hearing of
the application for registration in the Official Gazette or the newspaper in
general circulation be?
On or before the date of initial hearing or within such further time as may be
allowed by the court. Section 25, PD 1529
When may the court require the parties (to an ordinary registration) to submit a
subdivision plan duly approved by the Director of Lands?
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She should claim them. If the claim is sustained by the court, the fact of
ownership thereof must be noted on the face of the certificate of title. Absent
such notation, the claim is deemed ADVERSELY resolved.
Between a notation in the survey plan that accompanies the petition for
registration and a registered title, which prevails?
Bob was reading the Official Gazette online and saw that his land was
included in a notice of initial hearing for ordinary registration. He filed a
pleading to oppose the application. However, the judge dismissed his
opposition outright. Bob filed a petition for certiorari, arguing that the judge
acted with grave abuse of discretion due to lack or excess of jurisdiction. Is
Bob right?
Against whom does the court enter an order of default in a proceeding for
ordinary registration?
Against persons who did not appear and answer. In other words, even if
someone or some do show to oppose, an order of default is still entered
against anyone else who may have had an interest but did not oppose.
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It bars anyone who did not oppose the application from raising rights
of dominion over the same land.
It also bars anyone from alleging damage or error against the
judgment granting the registration inasmuch as he did not allege to
have any right to such land.
She can file a Motion to Set Aside the order of default due to fraud, accident,
mistake, excusable neglect AND that she has a meritorious defense
(Section 3, Rule 18, ROC:)
Yes.
In Director of Lands v. Santiago, the Supreme Court said that the law did not
intend that failure of the oppositor to appear on the date of the initial hearing
would be a ground for default despite his having filed an answer. Further, it is
improper, even illegal to declare an oppositor in default simply because he
failed to appear at the initial hearing of the application for registration.
Sebastian had timely filed his opposition. His failure to appear on the date of
the initial hearing is not a ground for him to be declared in default.
Thus, the RTC judge should not have declared him in default.
Yes, whether its a motion to dismiss the application or the opposition to such
application.
Rule 132 allows the application of the rules of court in suppletory character
and whenever practical and convenient.