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CLASSIFICATION OF LANDS
REGISTRATION OF LANDS: GOVERNING LAW
Lands of the public domain are classified into (1) agricultural, (2) forest or timber, (3)
PD No. 1529 (Property Registration Decree) issued on June 11, 1978 covers both
mineral lands, and (4) national parks. With the exception of agricultural lands, all
ordinary and cadastral registration proceedings, and supersedes Act No. 496 (Land
other natural resources shall not be alienated.29
Registration Act) which took effect on February 1, 1903. Act No. 2259, or the
Cadastral Act, governs cadastral proceedings. Sec. 48(b) of CA 141, as amended, applies exclusively to alienable and disposable
public agricultural land. Possession of inalienable public lands, no matter how long,
Section 48(b), CA No. 141 (Public Land Act) governs the procedure for the judicial
cannot ripen into private ownership.
confirmation of imperfect of incomplete titles over public lands.
SEC. 9. For the purpose of their administration and disposition, the lands of the public
JURISDICTION
domain alienable or open to disposition shall be classified, according to the use or
Regional Trial Courts have plenary jurisdiction over land registration proceedings and purposes to which such lands are destined, as follows:
over all petitions filed after original registration of titles.23 The registration court may
(a) Agricultural;
now hear both contentious and non-contentious cases.24 But first level courts may
be delegated by the Supreme Court to hear and decide cadastral and land registration (b) Residential, commercial, industrial, or for similar productive purposes;
cases (a) covering lots without controversy or opposition, or (b) contested lots where
(c) Educational, charitable, or other similar purposes; and
the value does not exceed P100,000.00.25 Appeal is taken to the Court of Appeals.
All petitions or motions after original registration shall be filed and entitled in the (d) Reservations for town-sites and for public and quasi-public uses. (CA No. 141 or
original case in which the decree of registration was entered.26 Section 19 of BP Blg. the Public Land Act).
ILLUSTRATIVE CASE: CLASSIFICATION OF BORACAY ISLAND Properties of public dominion are not only exempt from real estate tax, they are
exempt from sale at public auction. But portions of the properties leased to taxable
The case of Secretary of the Department of Environment and Natural Resources v.
entities are not only subject to real estate tax, they can also be sold at public auction
Yap30 illustrates the classification by Presidential fiat of Boracay Island in the
to satisfy the tax delinquency.33
Municipality of Malay, Aklan. On May 22, 2006, during the pendency of the case,
President Arroyo issued Proclamation No. 1064 classifying Boracay Island into 400 In Laurel v. Garcia,34 the executive department attempted to sell the Roppongi
hectares of reserved forest land (protection purposes) and 628.96 hectares of property in Tokyo, Japan, which was acquired by the Philippine government for use
agricultural land (alienable and disposable). as the Chancery of the Philippine Embassy. Although the Chancery had transferred to
another location thirteen years earlier, the Court ruled that, under Article 422 of the
Under PD No. 705, or Revised Forestry Code, all unclassified lands are considered
Civil Code, property of public dominion retains such character until formally declared
public forest. PD No. 705, however, respects titles already existing prior to its
otherwise. Foreshore lands, or that part of the land adjacent to the sea which is
effectivity.
alternately covered and left dry by the ordinary flow of the tides, belong to the
State.35 They can only be disposed of under a foreshore lease or revocable permit
application filed with the Lands Management Bureau.
NON-REGISTRABLE PROPERTIES
In the case of Republic v. Court of Appeals and Republic Real Estate Corporation,36
Property is either of public dominion or of private ownership.31 The following things
the Court held that foreshore lands are lands of public dominion intended for public
are property of public dominion:
use. So too are lands reclaimed by the government by dredging, filling, or other
(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and means. In Chavez v. Public Estates Authority,37 Justice Carpio gives an enlightening
bridges constructed by the State, banks, shores, roadsteads and others of similar historical background of foreshore and reclaimed lands and the development of the
character; law governing such lands.
(2) Those which belong to the State, without being for public use, and are intended In Republic v. Court of Appeals and Morato,38the Court held that when the sea
for some public service or for the development of the national wealth.32 moved towards the estate and the tide invaded it, the invaded property became
foreshore land and passed to the realm of the public domain.
The following properties are outside the commerce of men and may not be disposed
of or registered: lands for public use or public service, forest lands, mineral, foreshore Only when actually reclaimed from the sea can submerged areas be classified as
lands, swamplands, mangrove lands, watershed, rivers and creeks, seashore, public agricultural lands, which under the Constitution are the only natural resources
reclaimed and public reservation. that the State may alienate. Once reclaimed and transformed into public agricultural
lands, the government may then officially classify these lands as alienable or
disposable lands open to disposition. Thereafter, the government may declare these
lands no longer needed for public service. Only then can these reclaimed lands be
considered alienable or disposable lands of the public domain and within the Land inside a military or naval reservation cannot be registered.45 the Calumpang
commerce of man.39 Point Naval Reservation, can not be subject to occupation, entry or settlement. The
government, through the Bases Conversion Development Authority (BCDA), has title
Forest and mineral lands are public lands not subject to private ownership.
and ownership over Fort Bonifacio. To segregate portions of the public domain as a
Subsequent release of forest lands as A and D lands does not validate the grant.40
military reservation, all that is needed is a presidential proclamation to that effect.
In Republic v. Southside Homeowners Association, Inc.,46 it was held that a military
A forested area classified as forest land of the public domain does not lose such reservation, like the FBMR, or a part thereof is not open to private appropriation or
classification simply because loggers or settlers may have stripped it of its forest disposition and, therefore, not registrable, unless it is in the meantime reclassified
cover. Parcels of land classified as forest land may actually be covered with grass or and declared as disposable and alienable public land. And until a given parcel of land
planted to crops by kaingin cultivators or other farmers. Forest lands do not have to is released from its classification as part of the military reservation zone and
be on mountains or in out of the way places. Swampy areas covered by mangrove reclassified by law or by presidential proclamation as disposable and alienable, its
trees, nipa palms, and other trees growing in brackish or sea water may also be status as part of a military reservation remains, even if incidentally it is devoted for a
classified as forest land. The classification is descriptive of its legal nature or status purpose other than as a military camp or for defense.
and does not have to be descriptive of what the land actually looks like. Unless and
Navigable rivers cannot be appropriated and registered,47 and so are lakes,48
until the land classified as forest is released in an official proclamation to that effect
watersheds49 and mangrove swamps.50
so that it may form part of the disposable agricultural lands of the public domain, the
rules on confirmation of imperfect title do not apply.41
Minerals found in public or even private land belong to the State.42 In a resolution WHO MAY APPLY FOR REGISTRATION
dated December 1, 2004, the Supreme Court in La Bugal-Blaan Association v.
Under Section 14, PD No. 1529, the following may apply for registration:
Ramos43 held that all mineral resources are owned by the State and their
exploration, development and utilization must always be subject to the full control (1) Those who by themselves or their predecessors-in-interest have been in open,
and supervision of the State. 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
In Republic v. Court of Appeals and De la Rosa,44 Justice Cruz said that the Regalian
12, 1945, or earlier.
doctrine reserves to the State all natural wealth that may be found in the bowels of
the earth even if the land where the discovery is made be private. Thus, if a person is (2) Those who have acquired ownership of private lands by prescription under the
the owner of agricultural land in which minerals are discovered, his ownership of such provisions of existing laws.
land does not give him the right to extract or utilize the said minerals without the
(3) Those who have acquired ownership of private lands or abandoned river beds by
permission of the State to which such minerals belong.
right of accession or acquired under existing laws;
(4) Those who have acquired ownership of land in any other manner provided for by Possession should be in the concept of an owner, public, peaceful, uninterrupted and
law. adverse. Possession is open when it is patent, visible, apparent, notorious and not
clandestine. It is continuous when uninterrupted, unbroken and not intermittent or
Under Section 48(b) of CA No. 141 (Public Land Act), it is provided as follows:
occasional; exclusive when the adverse possessor can show exclusive dominion over
Those who by themselves or through their predecessors-in-interest have been in the the land and an appropriation of it to his own use and benefit; and notorious when it
open, continuous, exclusive and notorious possession and occupation of alienable and is so conspicuous that it is generally known and talked of by the public or the people
disposable land of the public domain, under a bona fide claim of acquisition of in the neighborhood.53
ownership, since June 12, 1945 or prior thereto may apply for the confirmation of
In Malabanan v. Court of Appeals,54 the Court en banc reiterated the rule in Republic
imperfect or incomplete title.
v. Court of Appeals and Naguit55 that since Section 48(b) (in relation to Section 14[1])
merely requires possession since 12 June 1945 and does not require that the lands
should have been alienable and disposable during the entire period of possession, the
NO SUBSTANTIAL DIFFERENCE BETWEEN SEC. 14(1), PD No. 1529 and SEC. 48(b), CA
possessor is entitled to secure judicial confirmation of his title thereto as soon as it is
NO. 141
declared alienable and disposable, subject to the timeframe imposed by Section 47 of
There is no substantial difference between Sec. 14(1) of PD No. 1529 and Sec. 48(b) the Public Land Act.56
of CA No. 141. In both, the applicant must show that (1) the land is alienable and
Originally, Section 48(b) of CA No. 141 provided for the possession and occupation of
disposable (A and D) public agricultural land; and (2) he has been in open, continuous
lands of the public domain since July 26, 1984. This was superseded by RA No. 1942
exclusive and notorious possession thereof under a bona fide claim of ownership since
which provided for a simple 30-year prescriptive period of occupation by an applicant
June 12, 1945, or prior thereto.51 Both refer to original registration proceedings, are
for judicial confirmation of an imperfect title. The law, however, has been amended
against the whole world, and the decree of registration for both is conclusive and final.
by PD No. 1073, approved on January 25, 1977, which now requires possession since
June 12, 1945 or prior thereto.57
(Note: In the case of Heirs of Marcelina Azardon-Crisologo v. Raon, 70 the Court Article 457 of the Civil Code requires that the deposit be gradual and imperceptible;
ruled that a mere Notice of Adverse Claim did not constitute an effective interruption that it be made through the effects of the current of the water; and that the land
of possession. In the case of Heirs of Bienvenido and Araceli Tanyag v. Gabriel, 71 where accretion takes place is adjacent to the banks of rivers.80 However, the
which also cited the Raon Case, the Court stated that the acts of declaring again the accretion does not automatically become registered land just because the lot which
property for tax purposes and obtaining a Torrens certificate of title in one's receives such accretion is covered by a Torrens title. There must be a separate action
name cannot defeat another's right of ownership acquired through acquisitive for the registration thereof.81
prescription. In the same vein, a protest filed before an administrative agency and
Alluvial formation along the seashore is part of the public domain and is not open to
even the decision resulting from it cannot effectively toll the running of the period of
acquisition by adverse possession, unless subsequently declared as no longer needed
acquisitive prescription. Only in cases filed before the courts may judicial summons
for coast guard service, for public use or for special industries.82
be issued and, thus, interrupt possession.72)
Cancellation of title
Annulment of Judgment. (Rule 47, Rules of Court)
Fraud and misrepresentation, as grounds for cancellation of patent and annulment
of title, should never be presumed, but must be proved by clear and convincing A petition for annulment by the Court of Appeals of judgments or final orders of
evidence, mere preponderance of evidence not being adequate. Fraud is a question Regional Trial Court for which the ordinary remedies of new trial, appeal, etc. are no
of fact which must be proved.159 longer available must be based on (a) extrinsic fraud, (b) lack of jurisdiction164 and
(c) lack of due process.165 A petition for annulment of judgment based on extrinsic
fraud must be filed within four (4) years from its discovery; and if based on lack of
jurisdiction, before it is barred by laches or estoppel.166
Lack of jurisdiction as a ground for annulment of judgment refers to either lack of But a purchaser can not close his eyes to facts which should put a reasonable man on
jurisdiction over the person of the defending party or over the subject matter of the his guard and still claim that he acted in good faith.174
claim.167
The rule of caveat emptor requires the purchaser to be aware of the supposed title
Where the questioned judgment is annulled, either on the ground of extrinsic fraud of the vendor and one who buys without checking the vendors title takes all the risks
or lack of jurisdiction, the same shall be set aside and considered void.168 Annulment and losses consequent to such failure.
of judgment is a remedy in law independent of the case where the judgment sought
Article 1544 of the Civil Code provides that, as regards immovable property,
to be annulled was rendered. Consequently, an action for annulment of judgment
ownership shall belong to the person acquiring it who in good faith first recorded the
may be availed of even if the judgment to be annulled had already been fully executed
sale in the Registry of Property.
or implemented.169
In Cruz v. Bancom Finance Corporation, the adverse claim and the notice of lis
In Yujuico v. Republic,170 the Court ruled that the action of the government for
pendens were annotated on the title on October 30, 1979 and December 10, 1979,
reversion on the ground that the land was part of the Manila Bay was improperly filed
respectively; the real estate mortgage over the subject property was registered by
with the RTC as the action should have been filed with the Court of Appeals pursuant
respondent only on March 14, 1980. The Court stated that the prior registration of a
to Rule 47 of the Rules of Court governing annulment of judgments of RTCs.
lien created a preference. Even a subsequent registration of the prior mortgage will
Final judgments of quasi-judicial tribunals or administrative bodies are not not diminish this preference, which retroacts to the date of the annotation of the
susceptible to petitions for annulment under Rule 47.171 notice of lis pendens and the adverse claim.
The maxim prior est in tempore, potior est in jure (he who is first in time is preferred
in right) is followed in land registration.175 Thus, it has been held in a case that
PURCHASER IN GOOD FAITH
Mahinays notice of lis pendens having been registered ahead of Sorensen's real
Section 32 of PD No. 1529 provides that in no case shall such (petition for review) estate mortgage, the notice of lis pendens takes precedence over the real estate
be entertained by the court where an innocent purchaser for value has acquired the mortgage. The claim of Sorensen that the owner's copy of TCT No. 117531 does not
land or an interest therein, whose rights may be prejudiced. contain any adverse annotation at the time the owners transacted with her is of no
moment. Being in the nature of involuntary registration, the annotation of the notice
An innocent purchaser for value is one who buys the property of another without
of lis pendens on the original copy of TCT No. 117531 on file with the Registry of Deeds
notice that some other person has a right to or interest in it, and who pays a full and
is sufficient to bind third parties. It affects the whole world even if the owner's copy
fair price at the time of the purchase or before receiving any notice of another
does not contain the same annotation.176
persons claim.172
The phrase innocent purchaser for value in Section 32 of the Property
A person dealing with registered property need not go beyond, but only has to rely
on, the title. He is charged with notice only of such burdens and claims which are
annotated on the title, for registration is the operative act that binds the property.173
Registration Decree includes an innocent lessee, mortgagee, or other encumbrancer RULE ON DOUBLE SALE OF IMMOVABLE PROPERTY
for value.177 But unlike private individuals, banks are expected to exercise greater
Article 1544 of the Civil Code reads:
care and prudence in their dealings, including those involving registered lands. A
banking institution is expected to exercise due diligence before entering into a ART. 1544. If the same thing should have been sold to different vendees, the
mortgage contract.178 ownership shall be transferred to the person who may have first taken possession
thereof in good faith, if it should be movable property.
In St. Dominic Corporation v. Intermediate Appellate Court,179 the Court, held that
where a Torrens title was issued as a result of regular land registration proceedings Should it be immovable property, the ownership shall belong to the person acquiring
and was in the name of the mortgagor when given as a security for a bank loan, the it who in good faith first recorded it in the Registry of Property.
subsequent declaration of said title as null and void is not a ground for nullifying the
Should there be no inscription, the ownership shall pertain to the person who in good
mortgage rights of the bank which had acted in good faith.
faith was first in possession; and, in the absence thereof, to the person who presents
In Mahinay v. Gako,180 the Court ruled that when a mortgagee relies upon what the oldest title, provided there is good faith.
appears on the face of a Torrens title and lends money in all good faith on the basis
Between two buyers of the same immovable property registered under the Torrens
of the title in the name of the mortgagor, only thereafter to learn that the latter's title
system, the law gives ownership priority to: (a) the first registrant in good faith; (b)
was defective, being thus an innocent mortgagee for value, his or her right or lien
then, the first possessor in good faith; and (c) finally, the buyer who in good faith
upon the land mortgaged must be respected and protected.181 In Blanco v.
presents the oldest title. This provision, however, does not apply if the property is not
Esquierdo,182 it was held that the right or lien of an innocent mortgagee for value
registered under the Torrens system.183 Based on this provision, the overriding
upon the land mortgaged must be respected and protected, even if the mortgagor
consideration to determine ownership of an immovable property is the good or bad
obtained his title thereto thru fraud. In this case, upon a complaint filed by the legal
faith not of the seller, but of the buyer; specifically, to determine who first registered
heirs of Maximiano, the trial court ordered the cancellation of TCT No. T-6582 for
the sale with the Registry of Property (Registry of Deeds) in good faith.184 As against
having been secured through fraud, and also the cancellation of DBPs mortgage. The
the registered owners and the holder of an unregistered deed of sale, it is the former
only question is whether the bank is an innocent purchaser for value. The Court
who has a better right to possess.185
answered in the affirmative. The bank was not a party to the fraud. The certificate of
title was in the name of Fructuosa at the time of the mortgage. Hence, the bank had In Remalante v. Tibe,186 the Court ruled that the civil law provision on double sale is
the right to rely on what appeared in the certificate and was under no obligation to not applicable where there is only one valid sale, the previous sale having been found
look beyond the certificate and investigate. The remedy of the persons prejudiced is to be fraudulent.
to bring an action for damages against those who caused the fraud, and if the latter
Likewise, in Espiritu and Espiritu v. Valerio,187 where the same parcel of land was
are insolvent, an action may be filed for recovery of damages against the Assurance
purportedly sold to two different parties, the Court held that despite the fact that one
Fund.
deed of sale was registered ahead of the other, Art. 1544 of the Civil Code will not
apply where said deed is found to be a forgery, the result of this being that the right
of the other vendee should prevail.188 The rule that where two certificates purport
to include the same land, the earlier in date prevails, is valid only absent any anomaly the same were contracted for, or the debts and obligations should have redounded
or irregularity tainting the process of registration.189 On the other hand, while the to, the benefit of the conjugal partnership. Fines and pecuniary indemnities imposed
execution of a public instrument shall be equivalent to the delivery of the object of upon the husband or the wife, as a rule, may not be charged to the partnership.
the contract, it only gives rise to a prima facie presumption of delivery. It is deemed However, if the spouse who is bound should have no exclusive property or if the
negated by the failure of the vendee to take actual possession of the land sold.190 property should be insufficient, the fines and indemnities may be enforced upon the
partnership assets only after the responsibilities enumerated in Article 161 of the Civil
Moreover, it is an established principle that no one can give what one does not have
Code have been covered.
nemo dat quod non habet. Accordingly, one can sell only what one owns or is
authorized to sell, and the buyer can acquire no more than what the seller can transfer In Ros v. PNB,196 the subject property was acquired in 1968 during Ros and Aguete's
legally. In a number of cases, an action for reconveyance has been treated as an action marriage. Ros mortgaged the property in 1974. Is the debt chargeable to the conjugal
to quiet title.191 partnership? Held:
The husband cannot alienate or encumber any conjugal real property without the
consent, express or implied, of the wife. Should the husband do so, then the contract
PRESUMPTION OF CONJUGAL OWNERSHIP
is voidable.197 Article 173 of the Civil Code allows Aguete to question Ros'
In Dewara v. Lamela,192 the subject property was acquired by spouses Elenita and encumbrance of the subject property. However, the same article does not guarantee
Eduardo during their marriage, before the enactment of the Family Code. The issue is that the courts will declare the annulment of the contract. Annulment will be declared
whether the property is the paraphernal/exclusive property of Elenita or the conjugal only upon a finding that the wife did not give her consent. In the present case, we
property of spouses Elenita and Eduardo, and whether the same may be subject to follow the conclusion of the appellate court and rule that Aguete gave her consent to
levy and execution sale to answer for the civil liability adjudged against Eduardo in a Ros' encumbrance of the subject property. Debts contracted by the husband for and
criminal case for serious physical injuries. Held: in the exercise of the industry or profession by which he contributes to the support of
the family cannot be deemed to be his exclusive and private debts. For this reason,
All property of the marriage is presumed to belong to the conjugal partnership, unless
we rule that Ros' loan from redounded to the benefit of the conjugal partnership.
it be proved that it pertains exclusively to the husband or to the wife.193 Registration
Hence, the debt is chargeable to the conjugal partnership.
in the name of the husband or the wife alone does not destroy this presumption.194
The separation-in-fact between the husband and the wife without judicial approval
shall not affect the conjugal partnership. The lot retains its conjugal nature.195 23
FORGED DEED MAY BE THE ROOT OF A VALID TITLE
Moreover, the presumption of conjugal ownership applies even when the manner in
which the property was acquired does not appear. The use of the conjugal funds is Generally, a forged or fraudulent deed is a nullity and conveys no title.198 But a
not an essential requirement for the presumption to arise. However, it does not fraudulent or forged document of sale may become the root of a valid title if the
necessarily follow that it may automatically be levied upon in an execution to answer certificate of title has already been transferred from the name of the true owner to
for debts, obligations, fines, or indemnities of one of the spouses. Before debts and the name of the forger or the name indicated by the forger, and while it remained
obligations may be charged against the conjugal partnership, it must be shown that that way, the land was subsequently sold to an innocent purchaser.199
CERTIFICATE OF TITLE CONVEYANCE AND OTHER DEALINGS BY REGISTERED OWNER
A certificate of title is conclusive of ownership. It enjoys the presumption of validity. The general rule in dealing with registered land is set forth in Section 51 of P.D. No.
Registration does not vest title: It is not a mode of acquiring ownership.200 It does 1529:
not give any person any better title than what he lawfully has.201 Registration is
Section 51. Conveyance and other dealings by registered owner. An owner of
merely a system of registration of titles to lands.202 A certificate of title is an
registered land may convey, mortgage, lease, charge or otherwise deal with the same
indefeasible title and is conclusive as to the ownership of the registrant,203 the
in accordance with existing laws. He may use such forms of deeds, mortgages, leases
identity of the land,204 and its location.205As against the registered owners and the
or other voluntary instruments as are sufficient in law. But no deed, mortgage, lease,
holder of an unregistered deed of sale, it is the former who has a better right to
or other voluntary instrument, except a will purporting to convey or affect registered
possess.206
land shall take effect as a conveyance or bind the land, but shall operate only as a
While certificates of title are indefeasible, unassailable and binding against the whole contract between the parties and as evidence of authority to the Register of Deeds to
world, including the government itself, they do not create or vest title. They merely make registration.
confirm or record title already existing and vested. They cannot be used to protect a
The act of registration shall be the operative act to convey or affect the land insofar
usurper from the true owner, nor can they be used as a shield for the commission of
as third persons are concerned, and in all cases under this Decree, the registration
fraud; neither do they permit one to enrich himself at the expense of other.207
shall be made in the office of the Register of Deeds for the province or city where the
If two certificates of title purport to include the same land, whether wholly or partly, land lies.
the better approach is to trace the original certificates from which the certificates of
No voluntary instrument shall be registered by the Register of Deeds, unless the
title were derived. Should there be only one common original certificate of title, the
owner's duplicate certificate is presented with such instrument, except in cases
transfer certificate issued on an earlier date along the line must prevail, absent any
expressly provided for in the law (PD 1529) or upon order of the court, for cause
anomaly or irregularity tainting the process of registration.208 An original certificate
shown.212
of title issued by virtue of administrative proceeding is as indefeasible as a certificate
of title issued under judicial proceedings. However, the indefeasibility of title does not
attach to titles secured by fraud and misrepresentation.209
From the standpoint of third parties, a property registered under the Torrens system
One who deals with property registered under the Torrens system need not go remains, for all legal purposes, the property of the person in whose name it is
beyond the certificate of title, but only has to rely on the certificate of title.210 He is registered, notwithstanding the execution of any deed of conveyance, unless the
charged with notice only of such burdens and claims as are annotated on the title.211 corresponding deed is registered.213 Simply put, if a sale is not registered, it is binding
only between the seller and the buyer, but it does not affect innocent third
persons.214
DISTINCTION BETWEEN VOLUNTARY AND INVOLUNTARY REGISTRATION provision 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.219
As a rule, the order of entries in the Primary Entry Book determines the priority in
registration.215 The court has no authority to reopen the judgment or decree of registration, and that
nothing shall be done or ordered by the court which shall impair the title or other
In voluntary registration, such as a sale, mortgage, lease and the like, if the owner's
interest of a purchaser holding a certificate for value in good faith, or his heirs and
duplicate certificate be not surrendered and presented or if no payment of
assigns without his or their written consent.220
registration fees be made within fifteen (15) days, entry in the day book of the deed
of sale does not operate to convey and affect the land sold. In involuntary registration,
such as an attachment, levy upon execution, lis pendens and the like, entry thereof in
REGISTERED LAND NOT SUBJECT TO PRESCRIPTION
the day book is a sufficient notice to all persons of such adverse claim.216
No title to registered land in derogation of the title of the registered owner shall be
acquired by prescription or adverse possession.221 Thus, the right to recover
AMENDMENT OR ALTERATION OF CERTIFICATES possession of registered land is imprescriptible because possession is a mere
consequence of ownership.222 Prescription is unavailing not only against the titled
The proceeding for the amendment and alteration of a certificate of title under
owner but also against his heirs.223 But ownership may be lost through laches224
Section 108 of P.D. No. 1529 is applicable in seven instances or situations, namely: (a)
which is failure or neglect to assert a right for an unreasonable length of time.225
when registered interests of any description, whether vested, contingent, expectant,
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
CERTIFICATE NOT SUBJECT TO COLLATERAL ATTACK
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 A certificate of title is not subject to collateral attack. It cannot be altered, modified,
changed; (e) when the registered owner has been married, or, registered as married, or cancelled except in a direct proceeding.226 Thus, in a complaint for recovery of
the marriage has been terminated and no right or interest of heirs or creditors will possession, defendant cannot raise in the action the validity of plaintiffs title.227
thereby be affected; (f) when a corporation, which owned registered land and has There must be a direct attack on the title via a separate action; but a direct attack may
been dissolved, has not conveyed the same within three years after its dissolution; be made in a counterclaim or third-party complaint.228
and (g) when there is reasonable ground for the amendment or alteration of title.217
What cannot be collaterally attacked is the certificate of title and not the title
While Section 108, among other things, authorizes a person in interest to ask the itself.229 The certificate referred to is that document issued by the Register of Deeds
court for any erasure, alteration, or amendment of a certificate of title or of any known as the TCT. In contrast, the title referred to by law means ownership which is,
memorandum appearing therein, the prevailing rule is that proceedings thereunder more often than not, represented by that document.230 The prohibition against
are summary in nature, contemplating corrections or insertions of mistakes which are collateral attack does not apply to spurious or non-existent titles, since such titles do
only clerical but certainly not controversial issues.218 Relief under the said legal not enjoy indefeasibility.231
REPLACEMENT OF LOST OR DESTROYED CERTIFICATE Section 109, PD No. 1529, of hearing of the petition. Non-compliance with the requirements deprives the court
governs the procedure for the replacement of a lost or destroyed owners duplicate of jurisdiction over the petition for reconstitution.237
certificate of title. Where the owners duplicate copy is not in fact lost or destroyed,
The requirements of Sections 2 and 3, RA No. 26 are almost identical. The
a petition for the purpose is unwarranted as the court has no jurisdiction over the
enumerated requirements are documents from official sources which recognize the
petition.232
ownership of the owner and his predecessors-in-interest. The phrase any other
document in paragraph (f) of Sections 2 and 3 refers to documents similar to those
enumerated.238 As held in Castillo v. Republic,239 liberal construction of the Rules
RECONSTITUTION OF LOST OR DESTROYED CERTIFICATE
of Court does not apply to land registration cases.240 Indeed, to further underscore
The reconstitution of a certificate of title denotes restoration in the original form and the mandatory character of these jurisdictional requirements, the Rules of Court do
condition of a lost or destroyed instrument attesting the title of a person to a piece of not apply to land registration cases.241 In all cases where the authority of the courts
land. The purpose of the reconstitution of title is to have, after observing the to proceed is conferred by a statute, and when the manner of obtaining jurisdiction is
procedures prescribed by law, the title reproduced in exactly the same way it has been prescribed by a statute, the mode of proceeding is mandatory, and must be strictly
when the loss or destruction occurred.233 The lost or destroyed document referred complied with, or the proceeding will be utterly void.242
to is the one that is in the custody of the Register of Deeds. When reconstitution is
Courts have no jurisdiction over petitions for reconstitution of allegedly lost or
ordered, this document is replaced with a new one the reconstituted title that
destroyed titles over lands that are already covered by duly issued subsisting titles in
basically reproduces the original. After the reconstitution, the owner is issued a
the names of their duly registered owners.243
duplicate copy of the reconstituted title.234
The absence of opposition from government agencies is of no controlling significance
Reconstitution denotes restoration of the certificate of title allegedly lost or
because the State cannot be estopped by the omission, mistake or error of its officials
destroyed in its original form and conditions: it does not pass upon the question of
or agents, hence, the Republic is not barred from assailing the decision granting the
ownership.235 For an order of reconstitution to issue, the following elements must
petition for reconstitution if the same has no merit.244
be present:
(1) the certificate of title has been lost or destroyed; (2) the petitioner is the
registered owner or has an interest therein; and (3) the certificate of title is in force ADVERSE CLAIM
at the time it was lost or destroyed.236
An adverse claim is registered by filing with the Register of Deeds a sworn petition
Reconstitution is governed by RA No. 26 in relation to Section 110 of PD No. 1529. starting the basis of the right claimed.245 The duty of the Register of Deeds to record
Administrative reconstitution is also governed by RA No, 26, as amended by RA No. the same on the title of ministerial.246 The notice of adverse claim is to apprise third
6732, dated July 17, 1989. Section 12 of R.A. No. 26 describes the requirements for a person that there is controversy over the ownership of the land, such that any
petition for reconstitution while Section 13 prescribes the requirements for a notice transaction regarding the land is subject to the outcome of the dispute.247 The
annotation of an adverse claim over registered land under Section 70 of Presidential
Decree 1529 requires a claim on the title of the disputed land. The existence of an title to, or the use or occupation of, a specific property. It does not apply where the
easement of subjacent and lateral support need not be annotated at the back of the object of the suit is money judgment, or proceedings for the probate of will or
title of the servient estate.249 administration of the estate of a deceased person, levy on execution or preliminary
attachments.257 A notice of lis pendens subjects the interest of the transferee to the
An adverse claim is not ipso facto cancelled upon the lapse of the thirty days from its
results of the pending suit.
registration. There must be a petition for the purpose to afford the adverse claimant
an opportunity to be heard.250
Parties with liens annotated on the certificate of title are entitled to notice in an CONSULTA
action for cancellation of their liens.251
It is the ministerial duty of the Register of Deeds to register documents presented to
him for registration. (Sec. 10, PD No. 1529). If the Register of Deeds is in doubt as to
the registrability of the document, the remedy is to elevate the matter to the LRA via
NOTICE OF LIS PENDENS
en consulta. The same procedure may be availed of by the interested party.258
A notice of lis pendens is an announcement to the whole world that a particular real Appeal from the LRA decision may be taken to the Court of Appeals.259
property is in litigation, serving as a warning that one who acquires an interest over
said property does so at his own risk, or that he gambles on the result of the litigation
over the said property.252 The title obtained by the transferee pendente lite affords MORTGAGES AND LEASES
him no special protection; he cannot invoke the rights of a purchaser in good faith and
The requisites of a mortgage are: (a) it is constituted to secure the fulfillment of a
cannot acquire better rights than those of his predecessor-in-interest.253 Thus, one
principal obligation; (b) the mortgagor is the absolute owner of the property, and (c)
who buys land where there is a pending notice of lis pendens cannot invoke the right
the mortgagor has the free disposal thereof.
of a purchaser in good faith; neither can he have acquired better rights than those of
his predecessor in interest Under Article 2085 of the Civil Code, one of the essential requisites of the contract of
mortgage is that the mortgagor should be the absolute owner of the property to be
mortgaged; otherwise, the mortgage is considered null and void. However, an
exception to this rule is the doctrine of "mortgagee in good faith." Under this doctrine,
even if the mortgagor is not the owner of the mortgaged property, the mortgage
A notice of lis pendens should contain (1) a statement of the institution of the action
contract and any foreclosure sale arising therefrom are given effect by reason of
or proceeding; (2) the court where the same is pending; (3) the date of its institution;
public policy. This principle is based on the rule that all persons dealing with property
(4) a reference to the number of the certificate of title; and (5) an adequate
covered by a Torrens certificate of title, as buyers or mortgagees, are not required to
description of the land affected and its registered owner.255 The notice is not a lien
go beyond what appears on the face of the title. This is the same rule that underlies
or encumbrance on the property, but simply a notice to prospective buyers or to those
the principle of "innocent purchasers for value." Hence, even if the mortgagor is not
dealing with the property that it is under litigation.256 The litigation must involve the
the rightful owner of, or does not have a valid title to, the mortgaged property, the The procedure for extrajudicial foreclosure of real estate mortgage is governed by
mortgagee in good faith is, nonetheless, entitled to protection.260 Act No. 3135, as amended by Act No. 4118. The purchaser at the public auction sale
of an extrajudicially foreclosed real property may seek possession thereof in
A mortgage lien is a right in rem which follows the property whoever its owner may
accordance with Section 7 of said Act.269
be. If the mortgagor sells the property, the buyer must respect the mortgage, if
registered, or if he knows of its existence.261 The phrase innocent purchaser for Unlike in an ordinary sale, inadequacy of the price at a forced sale is immaterial and
value includes an innocent lessee, mortgagee or other encumbrancer for value.262 does not nullify the sale. It is also not required that the bid should at least be equal to
The subsequent nullification of the mortgagors title will not nullify the mortgage.263 the market value of the foreclosed property or the outstanding obligation of the
mortgage debtor.270 If "the proceeds of the sale are insufficient to cover the debt in
an extrajudicial foreclosure of mortgage, the mortgagee is entitled to claim the
HIGHER STANDARD OF CARE REQUIRED OF BANKING OR FINANCIAL INSTITUTIONS deficiency from the debtor.271
The general rule that a mortgagee need not look beyond the title does not apply to Where the mortgagee is a banking institution, the determination of the redemption
banks and other financial institutions as greater care and due diligence is required of price for the foreclosed property is governed by Section 78 of the General Banking
them.264 Imbued with public interest, they "are expected to be more cautious than Act. There must be an unequivocal tender of payment for the full amount of the
ordinary individuals."265 repurchase price.272 The only instance when this rule may be construed liberally, i.e.,
allow the non-simultaneous tender of payment, is if a judicial action is instituted by
In a case,266 the Court adjudged that unlike private individuals, a bank is expected
the redemptioner.273 GUIDELINES ON FORECLOSURE A.M. No. 99-10-05-0, February
to exercise greater care and prudence in its dealings, including those involving
20, 2007
registered lands. A banking institution is expected to exercise due diligence before
entering into a mortgage contract. The ascertainment of the status or condition of a The resolution embodies the additional guidelines intended to aid courts in
property offered to it as security for a loan must be a standard and indispensable part foreclosure proceedings, specifically limiting the instances, and citing the conditions,
of its operations.267 when a writ against foreclosure of a mortgage may be issued, to wit:
(1) No temporary restraining order or writ of preliminary injunction against the
extrajudicial foreclosure of real estate mortgage shall be issued on the allegation that
FORECLOSURE OF MORTAGE
the loan secured by the mortgage has been paid or is not delinquent unless the
When the principal obligation becomes due and the debtor fails to perform his application is verified and supported by evidence of payment.
obligation, the creditor may foreclose on the mortgage for the purpose of alienating
(2) No temporary restraining order or writ of preliminary injunction against the
the (mortgaged) property to satisfy his credit.268
extrajudicial foreclosure of real estate mortgage shall be issued on the allegation that
the interest on the loan is unconscionable, unless the debtor pays the mortgagee at
least twelve percent per annum interest on the principal obligation as stated in the
application for foreclosure sale, which shall be updated monthly while the case is Upon the expiration of the redemption period of one year from the registration of the
pending. sale, the right of the purchaser to the possession of the foreclosed property becomes
absolute.277 He is entitled to possession following the consolidation of ownership in
(3) Where a writ of preliminary injunction has been issued against a foreclosure of
his name.278 The writ of possession becomes a matter of right and its issuance to a
mortgage, the disposition of the case shall be speedily resolved. To this end, the court
purchaser in an extrajudicial foreclosure is merely a ministerial function.279 The trial
concerned shall submit to the Supreme Court, through the Office of the Court
court has no discretion on this matter."280
Administrator, quarterly reports on the progress of the cases involving ten million
pesos and above. May persons to whom several mortgaged lands were transferred without the
knowledge and consent of the creditor redeem only several parcels if all the lands
(4) All requirements and restrictions prescribed for the issuance of a temporary
were sold together for a single price at the foreclosure sale? In several early cases
restraining order/writ of preliminary injunction, such as the posting of a bond, which
decided by the Court, the right of the mortgagor or redemptioner to redeem one or
shall be equal to the amount of the outstanding debt, and the time limitation for its
some of the foreclosed properties was recognized.281
effectivity, shall apply as well to a status quo order.
For purposes of their administration and disposition, lands of the public domain Any natural-born citizen of the Philippines who is not the owner of more than 12
which are alienable or open to disposition may be further classified as: (a) agricultural, hectares and who, for at least 30 years, has continuously occupied and cultivated, by
(b) residential, commercial, industrial, or for similar productive purposes, (c) himself or through his predecessors-in-interest a tract of agricultural public land, and
educational, charitable, or other similar purposes, and (d) reservations for townsites who shall have paid the real estate tax thereon shall be entitled to have a free patent
and for public and quasi-public uses. issued to him for such tract of land not to exceed twelve 12 hectares.
RA No. 10023, dated March 9, 2010, authorizes issuance of free patent titles to
zoned residential lands. Residence requirement: 10 years.
MODES OF DISPOSITION
1. For homestead settlement;
Requirements:
2. By sale;
Survey plan and technical description
3. By lease
Affidavit of two 2 persons who are residents of the barangay that the applicant has
actually resided on, and actually possessed and occupied, the land applied for, under
a bona fide claim of ownership, for at least 10 years, and has complied with the other CONTINUING AUTHORITY TO INVESTIGATE
requirements prescribed by the Act.
But the Regional Director has continuing authority to conduct an investigation to
Sales patent determine whether or not fraud attended the issuance of the patent.
Any citizen of the Philippines of lawful age or the head of a family may purchase any The Solicitor General may bring an action for cancellation of title obtained through
tract of public agricultural land not to exceed twelve hectares which shall be sold thru fraud and for the reversion of the land to the State.
sealed bidding. The land shall be awarded to the highest bidder, but the applicant may
Action is not barred by prescription.
equal the highest bid.
The purchaser shall have not less than one-fifth of the land cultivated within five
years from the date of the award, and pays the full purchase price. PROHIBITED ALIENATIONS
Direct sale Homestead
RA No. 730 permits the direct sale of public lands for residential purposes to qualified may not be sold or encumbered within 5 years from the issuance of the patent, and
applicants. for a term of 20 years thereafter without the consent of the DENR Secretary.
The applicant must: (a) be a Filipino citizen of legal age; (b) not the owner of a home Land covered by a Free patent
lot in the municipality or city in which he resides; (c) have established in good faith his
may not be sold within 5 years from the issuance of the patent.
residence on a parcel of public land which is not needed for public service; and (d)
have constructed his house and actually resided therein. Prohibition against alienation is mandatory.