Land Titles and Deeds b.

) If it belongs to the Church or

a.) History: in the early days land for religious
was literally free to all who might
come and get it, just as free as Land Titles: refers to the
the air and the sea. ownership is based.
- the evidence of the right of
- Nomadic (roaming from place to ownership of the ownership of
place) until they learned to the owner or the extent of his
cultivate the fields extensively. interest, and by which means he
- Communal in organization can maintain control and as a
rule assert right to exclusive
*In the philippines the country of possession and enjoyment of
Spain the crown spared no time the property.
to proclaim full ownership over
all the lands so that private land Color Titles: it gives semblance
titles since then could only be or appearance of one, it still falls
acquired from the government short of title in the legal sense.
either by purchase or by the
various modes of land grant. Estate: it merely represents the
nature, extent, degree and
Exceptions: quantity of a persons interest in
a.) One could establish that as the land.
claimant he and his predecessor-
in-interest had been in *Estate in fee simple: regarded
possession of the land from time as having the title as an absolute
immemorial to justify that the ownership and he can exercise
land had been a private property full powers of disposition over his
even before the Spanish land, with complete freedom from
domination. control by third persons, and
subject only to legislative and
constitutional power of the State.
 a.) Freehold estates: indicates
Deeds: refers to a written title of ownership
instrument executed in 1.) Fee Simple: an absolute
accordance with law, wherein a estate in perpetuity and without
person grants or conveys to any limitation imposed upon the
another certain land, tenements estate (no qualification or
or hereditaments. restriction)
- it must have a grantor, a 2.) Fee Tail: designed to
grantee, words of grant, pass the title from the grantee to
description of the property the heirs, intending to keep the
involved, signature of the property in the grantees lines of
grantor and at least two issue.
witnesses and a notarial 3.) Life Estate: one held for
acknowledgement. the duration of the life of the
- attestation is required in grantee but may be terminated
the case of a will and earlier as by forfeiture.
testament. Example: usufruct of a
- informal instrument and yet widow
to be perfectly good to convey
so long as it contains the b.) Less than-freehold estate:
essentials prescribed by signifies some sort of a right
statutes. short of title.
- it cannot be declared void if 1.) Estate for years: in the
by any reasonable rule it can be nature of a lease, and therefore
upheld. is short of title.
- a deed defective in form Example: The grantee or
may grant an equitable right but lessee takes over the possession
insufficient to pass the legal of the land for a period agreed
title. upon but the grantor retains the
legal title to the property.
Types of Estates:
 2.) Tenancy from
period: may run from month to
month or from year to year with
the peculiarity of
renewal from time to time unless
expressly terminated by either
party.
3.) Tenancy at will:
Lecture for the 1st Week:
Joan Didion (American Author): I
think nobody owns the land until
their dead are in it.
period
Title: referring to the document.
A juridical act or deed. It is not
automatic sufficient by itself to transfer
ownership. The act is the deed of
sale only vest the title but not
ownership.
- when you execute your
rights. Exclusive enjoyment and
control.
-Pay taxes with the BIR (issue
certificate of title)
-Register of the title with the
registry of deeds.

Ownership is important to Title is not the same or equals to

acquire identity. It is a sign of ownership because a title is only
modernization from a nomadic a pre-cursor in owning a
stage. There is disparity but property/land.
there also a sense of legacy.

Purpose of Land Registration: Attributes of Ownership:

1.) Quiet the title to land and to a.) right to possess
forever stop any question as to b.) right to use and enjoy
the legality of said title. c.) right to receive the fruits and
- judicial declaration accessories
2.) To provide a means of d.) right to consume and abuse
publication e.) right to dispose or alienate
- announcement that f.) right to recover possession
someone owns the property g.) right to construct any work
h.) right to hidden treasures
i.) right to exclude others and to
fence the property
Modes of Acquisition of title:
1.) Public Grant: obtained or
given by the Spanish crown.
2.) Emancipation patent or grant:
in line with the comprehensive
land program. A reward or a sign
of gratitude done.
3.) Reclamation: the process of
filling up of the sea with dirt to
extend the land. Only the national
government can do reclamation.
4.) Adverse Possession or
Acquisitive: For adverse
possession 30 years.
-for prescription (good faith
10 years) to take place
possession of the property must
be open to the public not a
secret, there must be continuous
possession, must be
notorious or known to others and
lastly possession must be
exclusive or exclusion of
others. Property must be
alienable and disposable.
5.) Private grant or voluntary
transfer: thru sale, donation ...
6.) Accretion: increase of land
mass because of the gradual act
of the water and must be
adjacent to the bank.
Registration is needed because
the title indicates the metes
and bounds of the land to avoid
dispute. Except in sea banks
because it is owned by the
State.
7.) Involuntary alienation: act of
the government of ...
8.) Succession: descent-
decedent is the person who died
and gives to the heirs.
devise- decedent in favor to a
non-heir.
Lecture on the 2nd week:
Land Title: evidence of right or
extend of interest, by which he
can maintain control and as a
rule assert right to exclusive
possession and enjoyment over
the property.
Certificate of Title: it is the
document itself. Transcript of the
decree of registration made by
the Register of Deeds in the
Registry. It is merely an evidence
of ownership. It contains the
name of the owner/s, based on
the approved survey, if there
were any annotation.
Original Certificate of Title: the
first title issued
(juridical/administrative); the
original copy is for the Registry
of Deeds; the duplicate is for the
owners copy.
Transfer Certificate of Title: it is
the title issued by the registry of
deeds in favor of a transferee to
whom the ownership of a
registered land. It cancels the
OCT; it is for a better tracking
down of ownership.
Precise and correct statement
If there is a violation of the
contract the..- the title should be
cancelled then a new title should
be made.
1. Place
2. Original certificate of title
3. No. ----
4. Body of the title is a
declaration
5. Signature of the ...
Deed: an instrument in writing, by
which any real estate or interest
therein is created, alienated,
mortgaged or assigned or by
which title to any real estate may
be effected in law or equity.
Laws governing land registration:
1. PD No 1529 Property
Registration Decree: it
supersedes all laws except
those not inconsistent
2. CA 141 Public Land Act:
lands of the public domain is
open to disposition or
alienation
3. RA No 8371 Indigenous
Peoples Right Act: re-issuance
of title and how to go about
areas
4. RA No 10023 Issuance of
Free Patents to residential
lands
Legal effect of a deed of sale..?
(quiz)
Land registration: judicial or
administrative proceeding
whereby a persons claim of
ownership over a particular land
is determined and confirmed or
recognized so that such land and
the ownership thereof may be
recorded in a public registry
Purpose:
1.) to prove the best ownership-
so it would be binding to 3rd
persons
2.) for the peace of mind
3.) indefeasibility (cannot be
attacked): there would be a one
year leeway to question the
validity of the title, the regularity
of its registration
4.) facilitate transaction; easier
to look into the cleanliness of the
title
Torrens System: most effective
measure to guarantee the
integrity of land titles and to
protect their indefeasibility once
the claim of ownership is
established and recognized;
without this system, land
conflicts will be even more
abrasive, if not violent; regress
Republic vs Guerrero 133168
Govt is required ... reserve; any
encumbrance will limit; object is
to obviate possible conflicts of
title by giving the public right to
rely upon the face of the Torrens
certificate and to dispense, as a
rule, with the necessity of
inquiring further.
Due diligence: you inquire further
even if the title is clean in its
face; gives the owner a peace of
mind
Registration is not a mode of
acquiring ownership; Sec 2 of PD
1529; Merely a procedure to
establish evidence of title over
realty
Certificate of title is not a source
of right; it merely records or
conforms a title already existing
and vested; mere possession..
Purpose:
1. to quiet title to land; to put a
stop forever to any question of
the legality of the title, except
claims which were noted at the
time of the registration in the
certificate or which may arise
subsequent thereto
2. to relieve the land of unknown
liens or claims just or unjust
against it except statutory liens
under sec 44 of PD 1529
3. to establish priority and right...
4. to create indif..
5. to provide means of
publication or notice to third
parties..
6. to facilitate stablished to land
rules...
7. 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..
8. to prevent fraudulent claims