I.

CONCEPT OF TITLE

Evidence of right of owner or extent of his interest, by which means he can maintain control and
as a rule assert right to exclusive possession and enjoyment of property.
A title refers to the legal right to own a property and the certificate of title is the document
which confers such right of ownership to an individual, association or corporation.
The best evidence of ownership is the certificate of title duly issued by the Registry of Deeds
concerned. However, in the absence of a title, tax declaration coupled by actual possession and
existence of improvement also substantiate claim for ownership.

CERTIFICATE OF TITLE

Torrens Title certificate of ownership issued under the Torrens System of registration by the government through
road naming & declaring owner in fee simple of property described therein free from all liens except those
expressly noted.
Process:
1. Within 15 days from finality of order of judgment directing registration of title court to order Land registration Admin
to issue decree of registration and certificate of title
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & duplicate of OCT signed by Administrator, entered & file
decree of registration in LRA
4. Send to Register of Deeds original & duplicate of title & certificate for entry in his registration book
5. Enter in record book, dated, signed, numbered & sealed take effect upon date of entry
6. Register of Deeds to send notice to registered owner ready for delivery after payment of fees
7. Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order.
Action for Partition, Splitting or Consolidation of Titles:
1. Splitting or consolidation ordinary Register of Deeds level, no court involved
2. Subdivision plan approval of NHA, final approval of LRA, then Register of Deeds to issue memorandum that streets not
to be disposed except by way of donation to govt. shall be effected without approval of NHA.
Annotations at Back of Certificate need court order; otherwise null & void

Is a land title different from a deed?

Yes. Land title refers to the evidence of the right of the owner while deed refers to a written
document executed in accordance with law, wherein a person grants or conveys to another a
certain land. (Pea, Registration of Land Titles and Deeds, Revised Edition, 1988)
2. OWNERSHIP VS POSSESION

Refer to UST Civil Law Reviewer

Is possession the same as ownership? Who are informal settlers?

No. Possession means actual and exclusive control of property by physical occupation and this
could be in good faith or in bad faith. On the other hand, ownership implies the legal right of
possession, control and enjoyment by the owner who has established evidence that he owns the
property.
Informal settlers are those in possession of land without the benefit of a title and without
consent of the owner. Their possession is not permanent and has no legal basis for occupation.
The possessor must strive to acquire title to the land before his possession can become
permanent.

In cases where there are conflicting claims, who shall have a better right?

In cases where both claimants have no title, there are many factors to consider like actual
possession. The one who occupies the land especially in good faith has better right as against
someone with doubtful documents or has recently acquired rights without knowledge of the one
in possession. However, all factors must be fully evaluated to determine preferential rights.
3. KINDS OF TITLE
4. HISTORY OF REGISTRATION OF TITLE
Sir Robert Torrens originated the system of land registration known today worldwide as the Torrens system of land
registration. As the commissioner of customs in South Australia, Torrens was inspired by the comparative facility
with which ships or undivided shares therein were negotiated and transferred in accordance with the Merchant
Shipping Acts. Becoming a register of deeds, he advised a scheme of registration of title that improved the old
system of registration of deeds. He adopted a procedure under the Merchant Shipping Acts with appropriate
modifications. When he became a member of the First Colonial Ministry of the Province of South Australia, he
introduced in the parliament a bill providing for the adoption of his scheme of land registration. The measure was
passed and came to be known as the "Torrens System".

On November 6, 1902, the Philippine Commission enacted Act 496 known as the Land Registration Act. This
provided for the creation of the Court of Land Registration (CLR), the offices of the Register of Deeds and the
institution in this country of the Torrens system of registration whereby real estate ownership may be judicially
confirmed and recorded in the archives of the government. The system, however, actually took effect on February
1, 1903, on which date LRA may be said to have taken roots. Five judges were appointed by the Governor-General
with the advice and consent of the Philippine Commission, one of whom was designated as Judge of Court and the
other as Associate Judges, all of whom could be removed by the Governor-General with the advice and the consent
of the Philippine Commission.

On February 11, 1913, the Cadastral Law Act (Act 2259) was enacted for compulsory registration of land titles with
private ownership. Under this Act, registration of titles was judicial in nature.

The Court of Land Registration exercised jurisdiction over all applicants for the registration of titles to land or
building in the Philippines, with the power to hear and determine all questions arising upon such applications.

On July 1, 1876 by virtue of Act No. 2347, the jurisdiction over land registration cases of the Court of Land
Registration was transferred to the Court of First Instance. A new office, known as the General Land Registration
Office (GLRO), was charged with the functions, among others, of looking into the effective implementation of the
land registration law. The offices of the Register of Deeds were, per Section 192 (a) of the Revised Administrative
Code, placed under the administrative supervision of the GLRO.

However, Republic Act No. 1151 abolished the GLRO and created in its stead, the Land Registration Commission
(LRC), on June 17, 1954. The Commissioner of Land Registration took over the powers and functions of the GLRO,
including those of the judge of the Fourth branch of the Court of First Instance of Manila. The Land Registration
Commission operated under the supervision of the Department of Justice, and exercised direct supervision and
control of all Registers of Deeds as well as the Clerks of Court of First Instance in land registration cases.

A registry of deeds was established in every city and every province and branch registry where legally feasible,
charged with the functions of registering deeds under the Torrens System. Registers of Deeds of the different
provinces and chartered cities who were appointed by the President, were under the administrative supervision
and control of the Land Registration Commission.

On February 9, 1981, President Ferdinand Marcos issued Executive Order No. 469 reorganizing the LRC into the
National Land Titles and Deeds Administration (NLTDRA). Operating under the administrative supervision of the
Ministry of Justice, NLTDRA was implementing the laws governing the Torrens System of land registration in the
Philippines.

In the President's Memorandum Circular of September 30, 1988, the latest of these changes was effected. The
National Land Titles and Deeds Registration Administration (NLTDRA) became the Land Registration Authority (LRA)
which was tasked to continue exercising NLTDRA's powers and functions under existing laws. This was in line with
Executive Order No. 292 dated July 25, 1987, instituting the Administrative Code of 1987, which took effect on
November 3, 1989.
5. DIFFERENT KIND OF SPANISH TITLE
6. ACT 3344 CA 192
7. WHO MAY ACQUIRE ALIENATED/ DISPOSED LAND OF PUBLIC DOMAIN
8. METHOD OF ACQUIRING LAND TITLE

1. Title by public grant conveyance of public land by government to a private individual

2. Title by acquisitive prescription open, continuous, exclusive, notorious possession of a property
3. Title by accretion alluvion
4. Title by reclamation filling of submerged land by deliberate act and reclaiming title thereto;
government
5. Title by voluntary transfer private grant; voluntary execution of deed of conveyance
6. Title by involuntary alienation no consent from owner of land; forcible acquisition by state
7. Title by descent or devise hereditary succession to the estate of deceased owner
8. Title by emancipation patent or grant for purpose of ameliorating sad plight of tenant-farmers; not
transferable except by hereditary succession

9. DIFFERENCE BETWEEN PUBLIC GRANT VS. PRIVATE GRANTS

10. HEIRS OF MALABANAN VS REPUBLIC OF THE PHIL

11. LACHES VS. PRESCRIPTION

PRESCRIPTION LACHES
Effect of delay Fact of delay
Matter of time Question of inequity of
permitting a
claim to be enforced, this
inequity
being founded on some
change in
the condition of the
property or the
relation of the parties
Statutory Not statutory
Applies at law Applies at equity
Based on a fixed time Not fixed time

Acquisition of property by laches.

In Sps. Aguirre v. Heirs of Lucas Villanueva, et al., G.R. No. 169898, October 27, 2006, the
petitioners have been in possession of a parcel of land for more than 26 years. They declared it
for taxation purposes, occupied it, built fences, planted trees and used the same as ingress
and egress towards their cottages. The respondent knew all these but they did not lift a finger
to bar them from doing so. They waited for 16 years to oust them. Will the action prosper?
Why?

Held: No. Laches had already set it. Since they have been in continuous possession and
enjoyment of the disputed land in good faith and with a just title since 1971 until 1997,
petitioners doubtlessly obtained title by ordinary acquisitive prescription.

The action is barred by laches which is defined as the failure to assert a right for an
unreasonable and unexplained length or time, warranting a presumption that the party entitled
to assert it has either abandoned or declined to assert it. This equitable defense is based upon
grounds of public policy, which requires the discouragement of stale claims for the peace of
society. (Vda. de Rigonan v. Derecho, G.R. No. 159571, July 15, 2005, 463 SCRA 627).

Acquisition of property by
prescription.
Prescription, in general, is a mode of acquiring (or losing) ownership and other real rights
through the lapse of time in the manner and under conditions laid down by law, namely, that
the possession should be in the concept of an owner, public, peaceful, uninterrupted and
adverse. Acquisitive prescription is either ordinary or extraordinary. Ordinary acquisitive
prescription requires possession in good faith and with just title for 10 years. Without good
faith and just title, acquisitive prescription can only be extraordinary in character which
requires uninterrupted adverse possession for 30 years. (Heirs of Maningding v. CA, 342 Phil.
567 (1979)).

Thus, for ordinary acquisitive prescription to set in, possession must be for at least 10 years,
in good faith and with just title. Possession is in good faith when there is a reasonable belief
that the person from whom the thing is received has been the owner thereof and could thereby
transmit his ownership. (Art. 1127, NCC). There is just title when the adverse claimant comes
into possession of the property through any of the modes recognized by law for the acquisition
of ownership or other real rights, but the grantor is neither the owner nor in a position to
transmit the right. (Art. 1129, NCC).

12. ELEMENTS OF POSSESSION

Title to land is acquired by adverse possession as a result of the lapse of the STATUTE OF LIMITATIONS
for EJECTMENT, which bars the commencement of a lawsuit by the true owner to recover possession of the
land. Adverse possession depends upon the intent of the occupant to claim and hold real property in
opposition to all the world and the demonstration of this intention by visible and hostile possession of the
land so that the owner is or should be aware that adverse claims are being made.

Elements In order that adverse possession ripen into legal title, nonpermissive use by the adverse claimant
that is actual, open and notorious, exclusive, hostile, and continuous for the statutory period must be
established. All of these elements must coexist if title is to be acquired by adverse possession. The
character, location, present state of the land, and the uses to which it is put are evaluated in each case. The
adverse claimant has the burden of proving each element by a PREPONDERANCE OF THE EVIDENCE.

Actual Adverse possession consists of actual occupation of the land with the intent to keep it solely for
oneself. Merely claiming the land or paying taxes on it, without actually possessing it, is insufficient. Entry on
the land, whether legal or not, is essential. A TRESPASS may commence adverse possession, but there
must be more than temporary use of the property by a trespasser for adverse possession to be established.
Physical acts must show that the possessor is exercising the dominion over the land that an average owner
of similar property would exercise. Ordinary use of the propertyfor example, planting and harvesting crops
or cutting and selling timberindicates actual possession. In some states acts that constitute actual
possession are found in statute.

Open and Notorious An adverse possessor must possess land openly for all the world to see, as a true
owner would. Secretly occupying another's land does not give the occupant any legal rights. Clearing,
fencing, cultivating, or improving the land demonstrates open and notorious possession, while actual
residence on the land is the most open and notorious possession of all. The owner must have actual
knowledge of the adverse use, or the claimant's possession must be so notorious that it is generally known
by the public or the people in the neighborhood. The notoriety of the possession puts the owner on notice
that the land will be lost unless he or she seeks to recover possession of it within a certain time.

Exclusive Adverse possession will not ripen into title unless the claimant has had exclusive possession of
the land. Exclusive possession means sole physical occupancy. The claimant must hold the property as his
or her own, in opposition to the claims of all others. Physical improvement of the land, as by the construction
of fences or houses, is evidence of exclusive possession.
 An adverse claimant cannot possess the property jointly with the owner. Two people may, however, claim
title by adverse possession as joint tenants if they share occupancy of the land. When others or the general
public have regularly used or occupied the land with the adverse claimant, the requirement of exclusive
possession is not satisfied. Casual use of the property by others is not, however, inconsistent with exclusive
possession. Generally, EASEMENTS do not affect the exclusive possession by an adverse possessor. In
some jurisdictions easements exercised by the public or railroad rights of way will destroy exclusive
possession.

Hostile Possession must be hostile, sometimes called adverse, if title is to mature from adverse possession.
Hostile possession means that the claimant must occupy the land in opposition to the true owner's rights.
There need not be a dispute or fighting over title as long as the claimant intends to claim the land and hold it
against the interests of the owner and all the world. Possession must be hostile from its commencement and
must continue throughout the statutory period.

One type of hostile possession occurs when the claimant enters and remains on land under color of title.
Color of title is the appearance of title as a result of a deed that seems by its language to give the claimant
valid title but, in fact, does not because some aspect of it is defective. If a person, for example, was suffering
from a legal disability at the time he or she executed a deed, the grantee-claimant does not receive actual
title. But the grantee-claimant does have color of title because it would appear to anyone reading the deed
that good title had been conveyed. If a claimant possesses the land in the manner required by law for the full
statutory period, his or her color of title will become actual title as a result of adverse possession.

Continuous Adverse possession must be continuous for the full statutory period if title is to vest. Continuity
means regular, uninterrupted occupancy of the land. Mere occasional or sporadic use is not enough.
Continuity is sometimes explained as the daily control of the land by the adverse claimant for the length of
the statutory period. If a person has continuously occupied only a part of all the land claimed under adverse
possession, he or she will acquire title only to the occupied portion.
o While continuous possession is required for the acquisition of title by adverse possession, it is not
necessary that only one person hold the land continuously for the statutory period. The time
periods that successive adverse occupants have possessed the land may be added together to
meet the continuity requirement if privity exists between the parties. The addition of these different
periods is called tacking. Privity refers to the giving of possession of the land from one owner to the
next so that it is continuously occupied by a possessor. Privity exists between different persons
whose interests are related to each other by a sale or inheritance of the land or by operation of law,
as possession by a trustee in BANKRUPTCY.

Tacking is permitted only when the possession by the prior occupant had been adverse or under color of
title. If any time lapses between the end of one owner's possession and the start of another's occupation,
there is no continuity, so tacking will not be allowed.

Interruption of continuous possession deprives the adverse possessor of the legal effect of his or her prior
occupancy. The statute of limitations will begin to run again from the time he or she starts actual, open,
hostile, notorious, and exclusive possession. The length of the interruption is insignificant as long as it
disturbs continuous possession. At that time the law restores constructive possession of the land to the true
owner.

The commencement of a lawsuit by the owner against the occupant over the right of ownership and
possession of the land is one way to interrupt continuous possession. It may be an action to quiet title, for
trespass, for an INJUNCTION involving possessive rights, or to file a petition for registration of land title.
Such lawsuits will destroy the continuity of possession only if successfully pursued to final judgments. If the
owner chooses to abandon or settle a suit or if a court dismisses it, the continuity of possession is not
breached.

The entry of the owner upon the land with the intent to repossess it is a clear exercise of ownership that
disturbs possession. A survey of the land made at the request of the true owner does not interrupt
possession unless the purpose is to help the true owner take possession. The owner's actions must be
notorious and open so there can be no doubt as to what is intended. An accidental, casual, secret, or
permissive entry is ineffective. While the entry must be notorious, it must also be peaceable to prevent
violence and warfare, which might otherwise result.
 The payment of real estate taxes by the owner, while demonstrating that he or she has not abandoned land,
is not considered to have any impact on continuous possession.

The adverse claimant may destroy his or her continuous possession by abandoning the land or giving it to
someone else, even the owner, before the time at which title to it would vest. It does not matter how long or
brief the ABANDONMENT is as long as it was intentional. A temporary absence from the land is not the
same as an abandonment and has no effect on the occupancy, provided it is for a reasonable period of time.

Statutory Period The time period of the statute of limitations that must expire before title can be acquired by
adverse possession varies from state to state. No statute will begin to run until the adverse claimant actually
possesses the property in question under color of title or claim of right, where necessary. As of that time, the
landowner is entitled to bring a lawsuit against the possessor to recover the property.

The adverse possessor must occupy the property for the full statutory period. In jurisdictions that also
require color of title, it must coexist with possession for the complete period.

If the statute of limitations has been suspendedfor example, because there is a lawsuit pending between
the owner and the claimant or the owner is insane, an infant, or serving in the armed servicesthat amount
of time will not be counted toward the time necessary for the acquisition of title.

13. RA 10752 (RIGHT OF WAY ACT)

14. ACCRETION VS ALLUVIUM

15. CHAVEZ VS. PEA

16. IPRA LAW (SEC 3, 12, 52, 55, 56)

17. DEEDS VS. WILL
Deeds:

Instrument in writing which any real estate or interest therein is created, alienated, mortgaged or assigned
or by which title to any real estate may be affected in law or equity.
Elements:
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses

Formal requisites of a deed:

1. Full name

2. Nationality

3. Place of residence

4. Postal address of grantee or other persons acquiring or claiming interest

5. Civil status

6. Whether or not corporation:

a. Register of Deeds to keep an entry book day book

b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year, month, day, time, minute of
reception of instrument; Registered from time of entry
c. Fees of 5 bucks per document to be paid within 15 days

d. Note memorandum & sign & issuance of certificate

e. Documents are numbered & indexed & indorsed with reference to certificate of title public records

f. Subject to reasonable regulation

Cost borne by vendor.

DIFFERENCE BETWEEN DEED AND WILL:

While wills and deeds are completely different documents -- a will disposes of one's estate upon death
and a deed passes an interest in land or other real property -- both of them have the effect of transferring
ownership of property, and both can be used in disposing of such property in the context of estate
planning. Deciding how to pass ownership of property to one's heirs -- whether to leave it in a will or
convey it now via a deed -- requires a consideration of the advantages and drawbacks of each.
Once a deed is executed by the grantor and accepted by the grantee, the grantor no longer owns it. A will,
however, is subject to revision and change at the whim of the testator all the way until he becomes
incompetent or dies.
Conveying property to another by means of a deed completely transfers ownership of the property to that
other person. Making arrangements for the land in your will preserves your control over the property for
as long as you need it.

19. CONCEPT OF REGISTRATION

3 Stages of Development of Legal System of Transferring Titles:

1. Production & delivery of deed by grantor to grantee without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
Registration guarantees the title
Recording does not guarantee the title; need to examine other docs

Operative Act registration by owner; deed not registered binding only between parties
Process of Registration:
1. File instrument creating or transferring interest and certificate of title with Register of Deeds
2. Owners duplicate
3. Payment of fees & documentary stamp tax
4. Evidence of full payment of real estate tax
5. Document of transfer 1 copy additional for city/provincial assessor
6. Register of Deeds shall make a memorandum on the certificate of title, signed by him
7. Issue TCT
20. PURPOSE OF REGISTRATION
Serve as constructive notice
Prevent fraudulent claims
Protect interest of strangers to transaction

In subsequent registration of Title, what are necessary to effect the same?

Transfer of title is effected by executing a document such as deed of sale wherein the registered owner
(seller) transfer the ownership to a buyer. The capital gains tax and other taxes must be paid before
clearance can be secured from the Bureau of Internal Revenue (BIR). This will be submitted to the Registry
of Deeds concerned, together with the title which will be surrendered for issuance of a new title in the
name of the buyer.

Subsequent registration of title is a function and jurisdiction of the Registry of Deeds under the Land
Registration Authority (LRA) as the land involved is already a private property outside the jurisdiction of
the Department of Environment and Natural Resources (DENR).

In case the registered owner dies, how can ownership be transferred to the heirs?

When a registered owner died without leaving a last will and testament, the heirs can transfer the title
to themselves by executing an extra-judicial settlement of the estate, on condition that the heirs are in
agreement of how to dispose the properties. If there is conflict and heirs can not agree, they should bring
a case before the court which will make a decision for them.

What is the purpose of land registration under Torrens system?

The real purpose of the system is to quiet title of land; to put a stop to any question of the
legality of the title, except claims, which were noted at the time of registration. (Pea,
Registration of Land Titles and Deeds, Revised Edition, 1988).

21. SUCCESSION ?
 CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION
1. Lost Duplicate Certificate
Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title with memorandum that it is issued in
place of lost certificate (duplicate)
If false statement: complex crime of estafa thru falsification of public document
2. Adverse claim in registered land
Whoever claims a better right or interest in a land adverse to the registered owner shall make written
statement alleging his right, how and when acquired with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
If there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered by same claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land registration act
To be made on original certificate, to the duplicate is not necessary because no access
Contracts of lease, contract to sell but prescription and money claims are not allowed
Purpose: measure designed to protect the interest of a person over a property where registration is not
provided for by the land registration act; serve as notice and warning to persons subsequently dealing
on said land
 Different with lis pendens: permanent; can only be removed after hearing is done but adverse claim is
only for 30 days: lis pendens notice that property is in litigation; adverse claim; somebody is claiming
better right
Recent ruling: adverse claim can only be removed upon court order

3. Petition Seeking Surrender of Duplicate Title

In voluntary and involuntary conveyances when duplicate cannot be produced, petition in court may be
filed to compel surrender of certificate of title duplicate to Register of Deeds
After hearing, may order issuance of new certificate and annul the old certificate; new certificate shall
contain annotation re annulment of old certificate

4. Amendment and Alteration of Certificate of Title

A certificate of title cannot be altered, amended except in direct proceeding in court; summary
proceeding
Entries in registration books also not allowed to be altered except by order of the court
Grounds:
1. New interest not appearing on the instrument have been created
2. Interest have terminated or ceased
3. Omission or error was made in entering certificate
4. Name of person on certificate has been changed
5. Registered owner has married
6. Marriage has terminated
7. Corporation which owner registered land has dissolved and has not conveyed the property
within 3 years after its dissolution
What corrections are permitted in title (which does not include lands included in original; technical
description as long as original decree of registration will not be reopened and rights or interest of persons
not impaired; old survey was incorrect; substitution of name of registered owner)
1. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all parties
3. Alterations to correct obvious mistakes

5. Reconstitution of original certificate of tile

As consequence of war records have been destroyed
When reconstituted have same validity as old title
Can only be done judicially by filing a petition for reconstitution with RTC
To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days before
hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to Register of Deeds
Lack of essential data fatal
 6. Transaction evidenced by lost document how registered
Register of Deeds forbidden to effect registration of lost or destroyed documents
Steps by interested parties:
1. Procure authenticated copy of lost or destroyed instrument
2. Secure an order from court

CHAPTER 19: REGISTRATION OF PUBLIC LANDS

Public Lands all lands owned by the government
Inalienable and alienable
Inalienable public domain: timber and miner lands
Alienable/ Disposable public agricultural land

What are Public Lands?

All Lands that are not acquired by private person or corporation, either by grant or purchase are public
lands. The common understanding therefore, is that all lands which have no title or not registered to
private individual are public land. these are grouped into:
1. Alienable or Disposable (A & D Lands) those that can be acquired or issued title. Our constitution provides
that only agricultural lands can be disposed to private citizens.
2. Non-alienable lands includes timber or forest lands, mineral lands, national parks. No title can be issued
over any portion within this area.

What are the modes of disposition or How can one acquire title over Alienable or Disposable (A&D) lands?
1. By Homestead Patent
2. By Sales Patent
3. By Lease
4. By Free Patent or Administrative legalization

Public land may be alienated, conveyed to private person.

Procedure:
 1. Official issuing instrument of conveyance to issue instrument
2. File instrument with Register of Deeds
3. Instrument to be entered in books and owners duplicate to be issued
4. Instrument only contract between Government and private person and does not take effect as
conveyance if unregistered, it is registration which is operative act of conveying land; evidence of authority
for Register of Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land within the purview of the Torrens
system
Nature of Title to Public Lands conveyed: Indefeasible and Conclusive
In absence of registration, title to public land is not perfected and therefore not indefeasible
In case of 2 titles obtained on same date one procured thru decree of registration is superior than
patent issued by director of lands
2 titles procured by one person one from homestead patent, one from judicial decree & sold to 2 diff
persons, one who bought it for value and in good faith & one who register first shall have preference.
Classification of Land of Public Domain:
Classification is exclusive prerogative of executive & not by judiciary
Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption
that the land sought to be registered forms part of public domain (Regalian doctrine).

Under the Constitution:

1. Agricultural only one subject to alienation
2. Forest or timber
3. Mineral lands
4. National park
Under the Public Land Act:
1. Alienable/disposable
2. Agricultural
3. Residential, commercial, industrial
4. Educational, charitable
5. Town sites and for public and quasi-public uses
6. Timber lands inalienable
7. Mineral lands inalienable
If patent or title is issued void ab initio for lack of jurisdiction
Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership
Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15,
1935; vested rights which are protected.
Fishponds

Before: included in definition of agriculture, conversion of agricultural land to fishponds does not
change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from
government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment;
but not with regards to finding of law
Empowered to alienate and dispose lands
Modes of Alienating Public Lands:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free distribution of public
lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance
to enable him to cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title,
without default on their part provided they have occupied since their application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
Max Land that can be Applied: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only
lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds mandatory: operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise, confusion, uncertainty
& confusion on government system, of distribution of public lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration does
not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of
title
Aim of Homestead Patent:
Benevolent intention of government to distribute disposable agricultural land to destitute citizens for
their home and cultivation
As a matter of public policy, may be repurchased even if after 5 years provided not for profit
Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation
purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial, industrial,
educational, religious or charitable purpose or right of way subject to consent of grantee & approval of
Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Barred by Pari Delicto
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
Homesteader
If he dies, succeeded by heirs in the application
Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit

CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person prior to
registration (limited effect to 3rd parties)
Reason: no strict investigation involved
Subsequent dealings also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order registered
3. If found defective registration is refused writing his reason for refusal