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 landowners 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 Govt. 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 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
deceaseds 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 consolidation-subdivision 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.
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 owners 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
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-TPSFH-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
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.
3. Setting of date for initial hearing by the court;
4. 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;
5. 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
6. Service of Notice upon contiguous owners, occupants and those known to have interest in the
property by the sheriff;
7. Filing of Answer or Opposition to Application by any person whether named in the notice or not;
8. 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)
9. Promulgation of judgment by the court;
10. 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;
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 Owners 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
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
1. Concept

Voluntary Dealings

Involuntary Dealings

Refer to deeds, instruments

or documents which are
results of the free and
voluntary acts of the parties
thereto

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.

2. Kinds

- sale
- real proper- ty mortgage
- lease
- pacto de retro sale
-extrajudicial settlement
- free patent/ homestead
- powers of attorney
- trusts
An innocent purchaser 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
owners
duplicate certificate of title
covering the land sold

- attachment
- mandamus
- sale on execution of judgement or
sales for taxes
- adverse claims
- notice of lis pendens

3.
Effects
registration

of

Entry thereof in the day book of the

Register of Deeds is sufficient notice to
all persons even if the owners
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
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. claimants 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
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
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.
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 courts 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
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 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 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
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 predecessor-in-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. (Ordoez 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
applicants 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
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 govt.
institution thereby effectively transferred ownership to transferee. [Intl 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
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);
c) 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 decisions 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
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 (Caragay- Layno 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 courts 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 anothers 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
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 Devt. 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
prescription. (Rivera vs. CA, 244 SCRA 218)
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.
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 adjudication of title to the lands or lots involved in said proceeding.
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
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 certificates authenticity vis--vis the land covered therein. (Republic vs
Vera120 SCRA 210; Widows and Orphans Assoc., Inc. vs CA 201 SCRA 165.)
P.D. No. 1529
1. Nature of Registration
Voluntary
2. Applicant
Landowner
3. Lands Covered
Usually involves private land; it may also refer to
public agricultural lands if the object of the action
is confirmation of an imperfect title
4. Parties
Applicant and opponent
5. Purpose
Petitioner comes to court to confirm his title and
seeks the registration of the land in his name
6. Person who Requests the Survey
Landowner
7. Effect of Judgment
No adverse claim; if the applicant fails to prove his
title, his application may be dismissed without
prejudice (no res judicata)

CADASTRAL
Compulsory
Director of Lands
all classes of lands are included

Landowners must come to court as claimants of

their own lands
Government asks the court to settle and adjudicate
the title of the land
Government
if none of the applicants can prove that he is
entitled to the land, the same shall be declared
public (res 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

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
Prescriptive Period
1. Fraud
4 years from the discovery of the fraud
(deemed to have taken place from the issuance
of the original certificate of title)

2.Implied or constructive trust

10 years from the date of the issuance of

the OCT or TCT
the above rule does not apply

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
recovery of such land or the estate or interest therein;
f) The action has not prescribed.
must be instituted within a period of 6 years from the time the right to bring such action first
occurred-which 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.
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)

LAND PATENTS
Kinds:
To Whom Granted

Requirements

1.
Homestead
Patent

to any Filipino citizen over the age of

18 years or head of a family

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

2. Free Patent

to any natural born citizen of the

Phils.

does not own more than 12 hectares

of land
has conti-nuously occupied and
cultivated, either by himself or his
predecessors -in- interest tract/s of
agricultural public land subject to
disposition

3. Sales Patent

citizens of the Phils. of lawful age or

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

4.
Special
Patents

to Non- Christian Filipinos under Sec.

84 of the Public Land Act.

to have at least 1/5 of the land

broken and cultivated
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 non- Christian
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 (see discussion on page 16)
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.
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. Owners duplicate of the certificate of title
b. Co-owners, mortgagees or lessees 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. owners duplicate of the certificate of title
2. co-owners, mortgagees, or lessees 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
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)
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
b. Where a voluntary instrument cannot be registered by reason of the refusal or failure of the
holder to surrender the owners duplicate certificate of title; and
c. Where the owners 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)