direct the issuance of a certificate of
title.
Land Titles
and Deeds
LAND TITLE is the evidence of the
owner’s right or extent of interest, by
which he can maintain control and as a
rule assert right to exclusive possession
and enjoyment of property.
DEED is the 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 affected in law or equity.
Necessarily includes:
1. The name of the Grantor
2. The name of the Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
FEE SIMPLE
Absolute title; absolute estate in
perpetuity.
 Land is conferred upon a man and
his heirs absolutely and without
any limitation imposed upon the
state.
LAND REGISTRATION is a judicial or
administrative proceeding whereby a
person’s claim 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.
Purposes:
1. To quiet title to land and to stop
forever any question as to the
legality of said title;
2. To provide a means of publication
TORRENS SYSTEM is a system for
registration of land under which, upon
the landowner’s application, the court
may, after appropriate proceedings,
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Legarda v. Saleeby, 31 Phil 590 1915
PURPOSES: [QUIP-CC]
1. To quiet title to the land and to
stop forever any question as to the
legality of said title
2. To relieve the land of unknown
claims
3. To guarantee the integrity of land
titles and to protect their
indefeasibility once the claim of
ownership is established and
recognized
4. To give every registered
owner complete peace of mind
5. To issue a certificate of title to the
owner which shall be the best
evidence of his ownership of the
land
6. To avoid conflicts of title in and to
real estate
Capitol Subdivision, Inc. v. Province
of Negros Occidental, 7 SCRA 60
(1963)
The registration of property is to:
(1) avoid possible conflicts of title in and
to real property, and
(2) facilitate transactions relative thereto
by giving the public the right to rely upon
the face of the Torrens certificate of title
and to dispense with the need of
inquiring further,
EXCEPT when the party concerned has
actual knowledge of facts and
circumstances that should impel a
reasonably cautious man to make such
further inquiry.
NATURE OF TORRENS SYSTEM
 Judicial in character and not
merely administrative
 Proceeding is in rem (binding upon
the whole world)
CONCEPT OF TORRENS SYSTEM
• Does not create or vest title
• Only confirms (does not confer)
ownership
TORRENS TITLE is a certificate of
ownership issued under the Torrens
System, through the Register of Deeds,
naming and declaring the owner of the
real property described therein, free
from all liens and encumbrances except
such as may be expressly noted there or
otherwise reserved by law.
• GENERAL RULE: A title once If in bad faith and
registered cannot be impugned, without just title:
altered, changed, modified, 30 years
enlarged, or diminished
continuous
• EXCEPTION: Direct proceeding
permitted by law, usually for the possession is
protection of innocent third persons required

Only available if
PROBATIVE VALUE OF THE the land
TORRENS TITLE possessed is
public land that is
• Torrens Title may be received in alienable and
evidence in all courts in the
disposable
Philippines, and shall be conclusive
as to all matters contained therein,
A property
principally as to the identity of the
land owner except so far as registered under
provided in the Land Registration the provisions of
Act. PD 1529 is not
subject to
TYPES OF TORRENS CERTIFICATES prescription
OF TITLE:
Prescription is
1. Original Certificate of Title- the unavailing not only
first title issued in the name of the
against the
registered owner by the Register of
Deeds (ROD) covering a parcel of registered owner,
land which had been registered by but also against
virtue of a judicial or administrative his hereditary
proceeding. successors
2. Transfer Certificate of Title- the
title issued by the ROD in favor of 3. Accretion Requisites:
the transferee to whom the 1. The deposit of
ownership of the already registered soil or sediment be
land had been transferred by virtue gradual and
of a sale or other modes of imperceptible;
conveyance. 2. It is the result of
the current of the
MODES OF ACQUIRING TITLE:
waters (river/sea);
1. Public Grant A conveyance of and
public land by 3. The land where
government to a accretion takes
private individual place is adjacent
to the banks of
rivers or the sea
2. Acquisitive Must be OCEN: in coast
Prescription open, continuous,
exclusive, and
notorious • Accretion to
possession registered lands
need new
If in good faith and registration
with just title: 10
years • No human
uninterrupted intervention
• The current
possession is
causing the
required
alluvial deposit

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 must be from a (Certificate of tenant-farmers
river. If it is from Land Ownership
the sea, the Award) • Such grant is not
deposit will pertain transferable
to the state. except by
(Government of hereditary
the Phils. v. succession
Cabangis, 53 Phil
112 [1929])
GENERAL RULE:
- Land registration proceedings and
4. Reclamation • Filling of all petitions after original
submerged land registration of titles are filed with
by deliberate act the RTC’s of the province or city
and reclaiming title where the land or a portion or it
thereto lies.

SM Prime Holdings vs. Angela

• Must be initially Madayag (2009, Nachura):
owned by  Presidential Decree (P.D.)
government No. 1529 eliminated the
distinction between the general
jurisdiction vested in the RTC
• May be and the latter’s limited jurisdiction
subsequently when acting merely as a land
registration court. Land
transferred to
registration courts, as such, can
private owners now hear and decide even
controversial and contentious
cases, as well as those involving
5. Voluntary • Private grant
substantial issues. It may,
Transfer therefore, hear and determine all
• Voluntary
questions that arise from a
execution of Deed petition for registration.
of Conveyance
EXCEPTIONS:
• Contractual
relationship When the case involves:
between the 1. Lots without controversy or
parties opposition
2. Contested lots where the value
• Consensual does not exceed P100,000.00, in
which case, the MTC has
6. Involuntary • No consent from jurisdiction.
Alienation the owner of the
land LAWS IMPLEMENTING LAND
REGISTRATION
• Forcible
1. Property Registration Decree (P.D.
acquisition by the
1529, as amended)
State 2. Cadastral Act (Act 2259, as
amended)
3. Public Land Act (Commonwealth
7. Descent or • Hereditary
Act 141, as amended)
Devise succession to the 4. Emancipation Decree (P.D. 27, as
estate of amended)
deceased owner 5. Comprehensive Agrarian Reform
Law of 1988 (R.A. 6657, as
amended)
8. Emancipation • To ameliorate the
Patent/ Grant sad plight of RA NO. 8371 (IPRA)

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  The Indigenous Peoples Rights Act
(IPRA) recognizes the rights of
ownership and possession of
indigenous cultural communities to
their ancestral domains and lands
on the basis of native title, and
defines the extent of these lands
and domains. It expressly
converts ancestral lands into public
agricultural lands, and individual
members of the cultural
communities shall have the option
to secure title to their ancestral
lands under the CA 141 or PD
1529.
NOTE: The IPRA still refers to the Land
Registration Act and not the Property
Registration Decree, which bolsters the
argument that the former was not
repealed by the latter.
I. Original Certificate of Title or OCT
 It is the first certificate of title
issued in the name of a
registered owner by the Register
of Deeds covering a parcel of land
which had been registered under
the Torrens System, by virtue of
judicial or administrative
proceedings.
II. Transfer Certificate of Title
 The subsequent certificate of
title pursuant to any deed of
transfer or conveyance to
another person. The Register of
Deeds shall make a new
certificate of title and given him an
owner’s duplicate certificate. The
previous certificate (need not be an
OCT) shall be stamped
“cancelled”.
ADMINISTRATION OF THE TORRENS
SYSTEM
1. LAND REGISTRATION
AUTHORITY (LRA)
 Agency charged with the
efficient execution of the laws
relative to the registration of
lands, under the executive
supervision of the DOJ
 Consists of an Administrator
assisted by 2 Deputy
Administrators
FUNCTIONS OF THE LRA: [SAC]
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1. Extend speedy and effective
assistance to the Dept. of Agrarian
Reform, the Land Bank, and other
agencies in the implementation of
the land reform program of the
government
2. Extend assistance to courts in
ordinary and cadastral land
registration proceedings
3. Be the central repository of records
relative to original registration of
lands titled under the Torrens
system, including the subdivision
and consolidation plans of titled
lands
2. REGISTER OF DEEDS (ROD)
 Constitutes a public repository of
records of instruments affecting
registered or unregistered lands
and chattel mortgages in the
province or city wherein such
office is situated;
 Headed by the Register of
Deeds, assisted by a Deputy
FUNCTIONS OF THE ROD: [IPDI]
1. Immediately register an instrument
presented for registration dealing
with real or personal property which
complies with the requisites for
registration
2. Shall see to it that said instrument
bears the proper documentary and
science stamps and that the same
are properly cancelled
3. If the instrument is not registerable,
he shall deny the registration
thereof and inform the presentor of
such denial in writing, stating the
ground or reason therefore, and
advising him of his right to appeal
by consulta in accordance with
Sec.117 of PD 1529
4. Prepare and keep an index system
which contains the names of all
registered owners and lands
registered
Baranda v. Gustilo, 165 SCRA 757
(1988)
 The function of the ROD with
reference to registration of deeds,
encumbrances, instruments, and
the like is ministerial in nature.
Ledesma v. Villasenor, 13 SCRA 494
(1965)
 It is enough that in the ROD’s
opinion an instrument is registrable
for him to register it. The act being
an administrative act does not
 contemplate notice to and hearing State, banks,
of interested parties. shores,
roadsteads, and
Almirol v. ROD of Agusan, G.R. No. L-
others of similar
22486, March 20, 1968
character;
 The determination of whether a
2. Those which
document is valid or not is a
function that belongs to a court of belong to the
competent jurisdiction, and not to State, without
the ROD. being for public
use, and are
Balbin v. ROD, 28 SCRA 12 (1969) intended for some
public service or
 Instances when the ROD may
for the
validly deny registration of a
voluntary instrument: development of the
1. Where there are more than 1 national wealth.
copy of the owner’s duplicate
certificate of title and not all Arts. 5 & 6, Water 1. Rivers and
such copies are presented to Code (PD 1067 ) their natural beds;
the ROD; 2. Continuous or
2. Where the voluntary intermittent waters
instrument bears on its face of springs and
an infirmity; brooks running in
3. Where the validity of the their natural beds
instrument sought to be and the beds
registered is in issue in a
themselves;
pending court suit; 3. Natural lakes
and lagoons;
a. Notice of pending suit
4. All other
must be given to parties;
b. Registration may be categories of
suspended. surface waters
such as water
Gallardo v. IAC, 155 SCRA 248 (1987) flowing over lands,
water from rainfall
 The ROD may also refuse to whether natural or
register a private document since artificial, and water
Section 112 of PD 152 provides
from agriculture
that deeds of conveyances
affecting lands should be verified run-off, seepage
and acknowledged before a notary and drainage;
public or other public officer 5. Atmospheric
authorized by law to take water;
acknowledgement. 6. Subterranean
or ground water;
NOTE: When the ROD is in doubt as to 7. Seawater;
the proper action to take on an
instrument or deed presented to him for Found in private
registration, he should submit the lands:
question to the Administrator of the LRA 8. Continuous or
en consulta (Section 117, PD 1529)
intermittent waters
NON-REGISTRABLE PROPERTIES rising on such
lands;
Article 420 NCC 1. Those intended 9. Lakes and
for public use, such lagoons naturally
as roads, rivers, waters rising on
torrents, ports and such lands;
10. Rain water and
bridges
falling on such
constructed by the

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 lands; William McKinley, later renamed Fort
11. Subterranean Bonifacio Military Reservation, was
or ground waters; issued by former President Carlos
and Garcia. Areas specified in the
12. Waters in Proclamation were withdrawn from sales
and settlements and were reserved for
swamps and
military purposes. Several presidential
marshes proclamations would later be issued
excluding certain defined areas from the
Regalian Forest or
operation of Proclamation 423.
Doctrine under timberland, public
the 1935, 1973, forest, forest What is mainly sought to be declared as
and 1987 reserves lands, a nullity in this petition is the title over
Constitution mineral lands the parcels of land that are referred to
as JUSMAG housing are in Fort
Bonifacio being occupied by active and
retired military officers and their families.
Bureau of Forestry v. CA, 153 SCRA SHAI, a non-stock corporation organized
351 (1987) mostly by wives of AFP military officers,
 As provided for under Sec. 6 of CA was able to secure title in its name over
141, which was lifted from Act the bulk, if not the entire, JUSMAG area.
2874, the classification or The TCT was issued by the Rizal
reclassification of public lands into Registry on the basis of a notarized
alienable or disposable, mineral, or deed of sale purportedly executed by
forest lands is now a prerogative of then Land Management Bureau Director
the Executive Department of the Abelardo Palad Jr. The investigation
government and not the courts. conducted by the DOJ, however,
With these rules, there should be reported land scams at the FBMR and
no more room for doubt that it is also finding that the signature of Palad
not the court which determines the was forged.
classification of lands of the public
domain into agricultural, forest or In 1993, then Pres Ramos ordered the
mineral but the Executive Branch OSG to institute an action towards the
of the government through the cancellation of TCT.15084 in SHAI’s
Office of the President. name as well as the title acquired by the
Navy Officer’s Village Association
Republic v. Vera, 120 SCRA 210 (NOVA) over a bigger parcel of land
(1983) within the reservation.

 A parcel of forest land is within the ISSUE:

exclusive jurisdiction of the Bureau
of Forestry and beyond the power
and jurisdiction of the cadastral
court to register under the Torrens
System.
Republic v. Heirs of Felipe Alejaga,
Sr. 393 SCRA 361 (2002)
 The State has an imprescriptible
right to cause the reversion of a
piece of property belonging to
the public domain if title has
been acquired through fraudulent
means.
Republic v. Southside Homeowners
Association Inc. (SHAI), G.R. No.
156951 & 173408, Sep. 22, 2006
FACTS:
Proclamation No 423 which established
a military reservation known as Fort
Whether the land sold was alienable.
HELD:
NO. As regards the issue of
inalienability, the Court upheld the
contention of the Republic that the
JUSMAG area is inalienable, the same
having not effectively been separated
from the military reservation and
declared as alienable and disposable.
Until a given parcel of land is released
from its classification as part of the
military reservation zone and
reclassified by law or by presidential
proclamation as disposable and
alienable, its status as part of a military
reservation remains, even if incidentally
it is devoted for a purpose other than as
a military camp or for defense. SHAI had
not pointed to any proclamation or
legislative act for that matter segregating
the property from the reservation and

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classifying the same as alienable lands
of public domain. Furthermore, the
Constitution also forbids private
corporations from acquiring any kind of
alienable public land except through
lease for a limited period. The whole
conveyance process was also
suspicious since the whole process was
accomplished only in one day.
TYPES OF REGISTRATION:
1. Original Registration
2. Subsequent Registration
ORIGINAL REGISTRATION UNDER
PD 1529 is a proceeding brought before
the RTC (as a land registration court) to
determine title or ownership of land on
the basis of an application for
registration or answer by a claimant in a
cadastral registration
KINDS OF JUDICIAL REGISTRATION:
1. Judicial/Voluntary/Ordinary – by
filing with the proper court;
application by the private individual
himself
2. Administrative/Involuntary/Cadas
tral – compulsory registration
initiated by the government
PROCEDURE IN ORDINARY LAND
REGISTRATION: (SFD-TP-SAHJ-
DECT)
1. Survey of land by the Bureau of
Lands or a duly licensed private
surveyor
a. Survey plan must be duly
approved by the Director of
Lands.
2. Filing of application for registration
by the applicant
a. With all muniments of titles
and copies thereof with
survey plan approved by
Bureau of Lands
• MUNIMENTS OF
TITLE are instruments
or written evidence
which applicant holds
or possesses to enable
him to substantiate and
prove title to his estate
b. Always filed at the RTC of
the place where land is
situated
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c. Indorsed to the MTC if there
is no controversy over the
land or if its value is less than
P100,000.00
d. In cases of delegated
jurisdiction to the MTC,
appeal is directed to the CA
e. If land is situated between
boundaries of 2 provinces,
application must be filed:
• When boundaries are not
defined: in the RTC of the
place where it is declared
for taxation purposes;
• When boundaries are
defined: Separate plan
for each portion must be
made by a surveyor and
a separate application for
each lot must be filed
with the appropriate RTC
3. Setting of the date of initial hearing
of application by the RTC
a. Within 5 days, set hearing
45-90 days from date of
order
4. Transmittal of the application and
the date of the initial hearing, with
all the documents or other
evidences attached thereto, by the
Clerk of Court to the LRA
5. Publication of notice of the filing of
the application and the date and
place of the hearing in the Official
Gazette
• The three notices required
are mandatory.
a. Publication of notice of
initial hearing
i. Once in the Official
Gazette (this confers
jurisdiction upon the
court)
ii. Once in a newspaper of
general circulation
Purpose of publication:
 To confer jurisdiction
over the land applied
for upon the court;
 To charge the whole
world with knowledge
of the application of
the land involved, and
 invite them to take
part in the case and
assert and prove their
rights over the subject
land
DECREE – issued by LRA
after finality of judgment;
contains technical description
of land.

b. Mailing i. Decrees dismissing

 Within 7 days after application
publication of said notice ii. Decrees of
in the OG, mailing of confirmation and
notice to: registration
i. Persons named in the iii. Subject only to appeal
notice
ii. Sec. of Public 11. Entry of the decree of registration
Highways, Provincial in the LRA
Governor, and Mayor,
if the applicant 12. Sending a copy of the decree of
requests to have the registration to the corresponding
line of a public way or ROD
road determined
iii. Sec. of Agrarian 13. Transcription of the decree of
Reform, Solicitor registration in the registration book
General, Director of and issuance of the owner’s
Lands, Director of duplicate original certificate of title
Fisheries, and to the applicant by the ROD upon
Director of Mines, if payment of the prescribed fees
the land borders on
a river, navigable NOTE: Non-compliance with the
stream, or shore, or requisites will make the Certificate of
on an arm of the sea Title (CT) issued invalid and cancellable
where a river or by the courts.
harbor lies
iv. Other persons as the WHO MAY APPLY IN ORDINARY
court may deem REGISTRATION PROCEEDINGS
proper UNDER PD 1529: [OPAL]

c. Posting 1. Those who by themselves or

 Posting in conspicuous
place on subject land and
on bulletin board of
municipal building at least
14 days before initial
hearing
6. Service of notice by the sheriff
upon contiguous owners,
occupants and those known to
have interests in the property
7. Filing of answer to the application
by any person whether named in
the notice or not
8. Hearing by the court
9. Promulgation of judgment by the
Court
10. Issuance of the decree declaring
the decision final and instructing
the LRA to issue a decree of
confirmation and registration
through their predecessors-in-
interest have been in open,
continuous, exclusive, notorious
possession of alienable and
disposable lands of the public
domain under a bona fide claim of
ownership since June 12, 1945 or
earlier
2. Those who acquired ownership of
private land by prescription under
the provisions of existing laws
3. Those that acquired ownership of
private lands or abandoned river
beds by right of accession or
accretion under the existing laws
4. Those who have acquired
ownership of land in any manner
provided for by law
NOTE: All these persons must be
natural-born Filipino citizens. However,
by way of exception juridical persons
may apply for registration of leased
agricultural and disposable lands not
exceeding 1,000 hectares in area for a

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period of 25 years and renewable for
not more than 25 years (Sec. 3,
Article XII, 1987 Constitution), and
except when the land has been
previously acquired by prescription by a
natural person and subsequently
transferred to a juridical entity (in this
case, a corporation may apply for
judicial confirmation of title).
LIMITATION TO OWNERSHIP OF
LAND BY CORPORATION:
3. Private Land
a. At least 60% Filipino (Sec.
7, Article XII, 1987
Constitution)
b. Restricted as to extent
reasonably necessary to
enable it to carry out
purpose for which it was
created
c. If engaged in agriculture, it
is restricted to1,024
hectares.
4. Patrimonial Property of the State
(Sec. 3, Article XII, 1987
Constitution)
a. Lease (CANNOT own land of the
public domain) for 25 years
renewable
b. Limited to 1,000 hectares
c. Apply to both Filipinos & foreign
corporation
PERSONS WHO CANNOT PROPERLY
FILE AN APPLICATION FOR
REGISTRATION OF LAND: [PMAP]
1. Public land sales applicant
admits he is not the owner in his
application
2. Mortgagee or his successor-in-
interest to the mortgage when
mortgage is assigned (partum
commissaries)
3. Anticrethic creditor since he
holds not in the concept of an
owner
4. Person or entity whose claim of
ownership to land had been
previously denied in a whether the applicant desires to
reivindicatory action and the right
of ownership thereto of another
is upheld by the courts
FORM OF THE APPLICATION, (Sec.
15, PD 1529)
 In writing
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 Signed by the applicant or person
duly authorized in his behalf
 Sworn to before an officer
authorized to administer oath for
the province or city where the
application was actually signed
 If there is more than 1 applicant,
they shall be signed and sworn to
by and in behalf of each.
CONTENTS OF APPLICATION, (Sec.
15, PD 1529): [D-CAEM-ARF]
1. Description of the land applied for
together with the buildings and
improvements; the plan approved
by Director of Lands and the
technical descriptions must be
attached
2. Citizenship and civil status of the
applicant
 If married, name of
spouse, and
 If the marriage has been
legally dissolved,when
and how the marriage
relation was terminated
3. Assessed value of the land and
the buildings and other
improvements based on the last
assessment for taxation purposes
4. Mortgage or encumbrance
affecting the land or names of
other persons who may have an
interest therein, legal or equitable
5. Manner of acquisition of land
6. Full names and addresses of all
occupants of the land and those of
the adjoining owners, if known,
and if not known, the applicant
shall state the extent of the search
made to find them
7. If the application describes the
land as bounded by a public or
private way or road, it shall state
whether or not the applicant claims
any portion of the land within the
limits of the way or road, and
have the line of way or road
determined (Sec. 20, PD 1529)
8. The court may require facts to be
stated in the application in addition
to those prescribed by the Decree
not inconsistent therewith and may
 require the filing of additional
papers
9. If the applicant is a non-resident of
the Philippines, he shall file an
instrument appointing an agent
residing in the Phil's. and shall
agree that service of any legal
process shall be of the same legal
effect as if made upon the
applicant within the Philippines
(Sec. 16, PD 1529)
WHERE TO FILE APPLICATION
 GENERAL RULE: RTC of the
province or city where the land is
situated.
- File together with application all
original monuments of titles or
copies thereof and a survey plan
of the land approved by the
Bureau of Lands
 PD 1529 has eliminated the
distinction between the general
jurisdiction vested in the RTC and
the limited jurisdiction conferred
upon it by the former law when
acting merely as land registration
court. Aimed at avoiding multiplicity
of suits, the change has simplified
registration proceedings by
conferring upon the RTCs the
authority to act not only on original
applications but also those filed
after original registration, with
power to hear and determine all
questions arising upon such
application or petitions.
 If there are several parcels of land
situated in different provinces/cities
but belong to one owner, he must
file in RTC of each province/city
where different parcels of land are
located for registration purposes
 EXCEPTION: Delegated
jurisdiction of the MTC to hear and
determine cadastral or land
registration cases covering lots
where:
− There is no controversy or
opposition, or
− contested lots, the value of
which does not exceed
P100,000.00
AMENDMENTS IN ORDINARY
REGISTRATION PROCEEDINGS
1. Striking out one or The Court may
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more of the parcels strike out at any
of land applied for or time
by a severance of
the application
2. Substantial New technical
change in description and
boundaries, new
increase in publication and
area, inclusion of notice are
additional land necessary
3. Joinder, File motion with
substitution or Court
discontinuance of
any of the parties
4. Decrease in area File motion with
court;
no need for new
publication or
notice
 Under Section 23 of Act 496, the
registration court may allow, or
order an amendment of the
application for registration when it
appears to the court that the
amendment is necessary and
proper.
 Under Section 24 of the same act,
the court may at anytime order an
application to be amended by
striking out one or more parcels or
by severance of the application.
The amendment may be made in
application or in the survey plan, or
in both since the application and
survey plan go together.
 If the amendment consists in the
inclusion in the application for
registration an area or parcel of
land not previously included in the
application for registration of an
area or parcel of land not
previously included in the original
application, as published, a new
publication of the amended
application must be made. The
purpose of the new publication is
to give notice to all persons
concerned regarding the amended
application. Without a new
publication, the registration court
cannot acquire jurisdiction over the
area or parcel of land that is added
to the area covered by the original
application, and the decision of the
registration court would be a nullity
insofar as the decision concerns
 the newly included land. The 4. Signed and sworn to by him or by
reason is because without a new some other duly authorized person
publication, the law is infringed
with respect to the publicity that is General Default Special Default
required in registration
proceedings, and third parties who When no person When a party
have not had the opportunity to appears and appears at initial
present their claim might be answers within time hearing without
prejudiced in their rights because prescribed having filed an
of failure of notice.
answer and asks
court for time to
 But if the amendment consists in
the exclusion of a portion of the file answer but
area covered by the original failed to do so
application and the original plan as within period
previously published, a new allowed
publication is not necessary. In
the latter case, the jurisdiction of
the court is not affected by the JUDICIAL CONFIRMATION OF
failure of a new application. IMPERFECT OR INCOMPLETE TITLE
UNDER THE PUBLIC LAND ACT
DOCTRINE OF NON-COLLATERAL
ATTACK OF DECREE OR TITLE  In rem, judicial proceedings
 The decree of registration issued is
 A decree of registration and conclusive and final
registered title cannot be  Governed by court procedure and
impugned, enlarged, altered, law of evidence
modified, or diminished either in
collateral or direct proceeding after WHEN TO FILE
the lapse of the 1-year period  Extended up to December 31,
prescribed by the law. 2020, as provided in Sec. 2 of RA
9176
If transaction is If transaction is
BEFORE Issuance AFTER Issuance Director of Lands v. Abairo, 90 SCRA
of Decree of Decree 422 (1979)

• Record • Register directly FACTS:

instrument in ROD with ROD for Petitioner contended that CFI of Isabela
in same manner purpose of should have dismissed the application
for registration based on an imperfect or
as if no application canceling such title
incomplete title because it has no
was made and issuing a TCT jurisdiction over it inasmuch as it was
• Present filed on March 1, 1971, that is, after
instrument to RTC, December 31, 1968, the expiry date for
with a motion filing such kind of application under RA
praying that the 2061. The latest extension of the period
same be to December 31, 2020 within which
considered in to file said applications, as provided
in Sec. 2, RA 9176, shall apply where
relation to the
the area applied for does not exceed 12
pending hectares.
application
ISSUE:
Whether or not the application is valid
despite being filed after the period
REQUISITES OF OPPOSITION: expired and before the extension was
granted.
1. Set forth objections to the
application RULING:
2. State interest claimed by oppositor YES. It is clear from the law itself that
3. Apply for the remedy desired those who applied for judicial
confirmation of their title at any time

University of the Cordilleras

College of Law | 11
prior to the cut-off date of December 31,
1976 did so on time, even if such
application was filed during the
intervening period from January 1, 1969
to June 18, 1971. Respect should be
given to the obvious intention of the
lawmaker in extending the period for
filing such applications time and again,
to give full opportunity to those who are
qualified under the law to own
disposable lands of the public domain
and thus reduce the number of
landless among the citizenry.
LIMITATION TO AREA APPLIED FOR:
 Maximum of 12 hectares (Sec. 3,
RA 6940)
WHO MAY BE APPLICANTS: [FFPL]
1. Filipino citizens who by themselves
or through their predecessors-in-
interest have been in open,
continuous, exclusive and
notorious possession and
occupation of alienable and
disposable lands of the public
domain under a bona fide claim of
acquisition since June 12, 1945, or
prior thereto, or ever since time
immemorial (Oh Cho v. Dir. Of
Lands, 75 Phil 890 [1946])
2. Filipino citizens who by themselves
or through their predecessors-in-
interest have been, prior to the
effectivity of PD 1073 (January 25,
1977), in open, continuous,
exclusive and notorious
possession and occupation of
agricultural lands of the public
domain under a bona fide claim of
acquisition of ownership, for at
least 30 years, or at least since
January 24, 1947 (RA 1942, Dir.
Of Lands v. IAC and ACME, 146
SCRA 509 [1986]).
3. Private corporations or
associations which had acquired
lands, formerly part of the
alienable and disposable lands of
the public domain, from Filipino
citizens who had possessed the
same in the manner and for the
length of time indicated in 1 and 2
above (Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
4. Natural born citizens of the
Philippines who may have lost
their Philippine citizenship, who
have acquired disposable and
alienable lands of the public
domain from Filipino citizens who
University of the Cordilleras
College of Law | 12
had possessed the same in the
manner and for the length of time
indicated in 1 and 2 above
(Republic v. CA, 235 SCRA 567
[1994]).
NOTE: A private corporation may
institute confirmation proceedings under
Sec. 48 (b) of CA 141 if at the time of
the institution of the registration
proceedings; the land was already
private land (Director of Lands v. IAC
and ACME, 146 SCRA 509 [1986]).
 As long as the land is already
considered as having become
“private” through prescription, a
corporation may institute
confirmation proceedings. Having
a PRIVATE character (no longer
public), the land would no longer
be barred by the Constitution to be
owned by a corporation. Land has
already become PRIVATE, ipso
jure, when previously acquired
by prescription by a natural
person.
Natividad v. CA, 202 SCRA 439 (1991)
 Determinative of this issue is the
character of the parcels of land –
whether they were still public or
already private – when the
registration proceedings were
commenced. If they are already
private lands, the constitutional
prohibition against acquisitions by
a private corporation would not
apply.
WHAT APPLICANT MUST PROVE:
 The land is alienable and
disposable land of the public
domain, and
 His possession was for the length
of time and in the manner and
concept required by law
NOTE: Form, Contents, Notice, Mailing,
Posting Requirements are the same as
those required in original registration
under PD 1529
Director of Lands v. CA, 106 SCRA
426 (1981)
 A judicial declaration that a parcel
of land is public, does not preclude
even the same applicant from
subsequently seeking a judicial
confirmation of his title to the
 same land, provided he
thereafter complies with the
provisions of Sec. 48 of CA 141, as
amended and as long as said
public land remains alienable and
disposable.
PROOF OF PRIVATE OWNERSHIP:
[STOP]
1. Spanish title (inadmissible and
ineffective proof of ownership in
land registration proceedings filed
after Aug. 16, 1976)
2. Tax declarations and tax
payments (not conclusive
evidence of ownership, must be
coupled with proof of actual
possession for the period required
by law)
3. Other kinds of proof (ex.
testimonial evidence and to prove
accretion; deed of sale).
4. Presidential issuances and
legislative acts (Constitutive of a
fee simple title or absolute title in
favor of the grantee, a law ceding
full ownership to a government
institution)
Santiago v. SBMA, GR. No. 156888,
November 20, 2006.
FACTS:
Rodriguez is claiming to be the sole heir
and administrator of the estate of
Hermogenes Rodriguez who, in his
lifetime, was the owner of parcels of
land registered in his name under a
Spanish title. Rodriguez leased the
parcels of land to Santiago and Mateo
for a period of 50 years. By virtue of the
lease, Santiago is presently occupying
the land. SBMA, on the other hand, is
claiming possessory, if not proprietary,
rights over the parcels of land, by using
them for its own commercial and other
purposes.
ISSUE:
Whether or not Spanish Titles are still
admissible as evidence of ownership of
lands
RULING:
No. Although PD 892 reads: “Whereas,
Spanish titles to lands which have not
yet been brought under the operation of
the Torrens system, being subject to
Prescription, are now ineffective to
prove ownership unless accompanied
by proof of actual possession…,”
petitioners cannot claim that they can
University of the Cordilleras
College of Law | 13
still present the Spanish title as proof of
ownership since they were in actual
possession. Actual proof of possession
only becomes necessary because
Spanish titles are subject to prescription.
The holder of a Spanish title may still
lose his ownership of the real property to
the occupant who actually possesses
the same for the required prescriptive
period. Because of this inherent
weakness, the applicant for
registration of his Spanish title under
the Torrens system must also submit
proof that he is in actual possession of
the real property by virtue of
prescription. Taking the law as a whole,
it has clearly set a deadline for the filing
of applications for registration of ALL
Spanish titles under the Torrens system
(i.e., 6 months from its affectivity or on
14 August 1976), after which, the
Spanish titles may no longer be
presented to prove ownership.
Therefore, the fact that petitioners were
in actual possession of the property
when they filed the complaint with the
RTC on April 29, 1996 does not exclude
them from the application of PD 892,
and their Spanish title remain
inadmissible as evidence of their
ownership of the property, whether in a
land registration proceeding or in an
action to remove a cloud on or to quiet
title. However, this does not bar
holders of Spanish titles from claiming
ownership of real property on some
other basis, such as those provided in
PD 1529 or in the Public Land Act. For
sure, Spanish titles can no longer be
countenanced as indubitable evidence
of land ownership.
JUDGMENT is a decision of court
constituting its opinion after taking into
consideration the evidence submitted.
 It becomes final upon the lapse of
15 days counted from the receipt
of notice of the judgment.
 However, notwithstanding the
lapse of the 15- day period from
receipt of judgment by the parties,
the court continues to retain
control over the case until the
expiration of 1 year after the entry
of decree of registration by the
LRA (Republic v. Assosacion
Benevola de Cebu, 178 SCRA 692
[1989]).
POST-JUDGMENT INCIDENTS

1. Writ of Possession: order to sheriff
to deliver the land to the
successful party litigant; no
prescription against: (1) the loser
and (2) anyone unlawfully and
adversely occupying
 When writ may not issue:
When a party entered into
property after issuance of final
decree, is not an oppositor in
registration proceeding, and is
in possession of land for at
least 10 years
2. Writ of Demolition: the complement
of writ of possession; to demolish
improvements introduced by
oppositor or his successor in
interest
MEANS TO RECOVER POSSESSION:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reivindicatoria
DECREE OF REGISTRATION:
 The decree issued by the LRA
pursuant to the order of the court.
 Binds the land, quiets title thereto,
subject only to such exceptions or
liens as may be provided by law
 Conclusive upon all persons
including the government
CONTENTS OF THE DECREE: [DMD-
DO]
1. Date, hour and minute of its entry
2. Whether the owner is married or
unmarried, and if married, the
name of the spouse; provided that
if the land is conjugal property, the
decree shall be issued in the name
of both spouses
3. If the owner is under disability, the
nature of such disability, and if a
minor, his age
4. Description of the land and shall
set forth the estate of the owner,
and also show their relative
easements, liens, attachments,
and other encumbrances
5. Other matters to be determined in
pursuance of the law
PROCESS OF ISSUING THE OCT:
University of the Cordilleras
College of Law | 14
1. Within 15 days from finality
of order of judgment directing
registration of title – court orders
the LRA to issue decree of
registration and certificate of title
2. Clerk of court will send order of
court and copies of judgment
3. Writ of Demolition may be issued.
The court has authority to order, as
a consequence of the
4. Writ of possession issued by it, the
demolition of improvements
introduced by the defeated
oppositor or his successor-in-
interest
5. Administrator will issue a decree of
registration and original and
duplicate of OCT that is signed by
the Administrator, entered and file
decree of registration in LRA
6. Send to ROD the original and
duplicate of title and certificate for
entry in his registration book
7. Enter in record book, dated,
signed, numbered and sealed to
take effect upon date of entry
8. ROD to send notice to registered
owner ready for delivery after
payment of fees
9. ROD shall send duplicate and note
on each certificate of title to whom
it is issued
10. Original copy to be filed in ROD
11. Bound in consecutive order
ATTRIBUTES AND LIMITATIONS ON
CERTIFICATES OF TITLE AND
REGISTERED LANDS:
1. Free from liens and
encumbrances
a. Claims and liens of whatever
character
• Existing against the land
prior to the issuance of
the certificate of title is
cut-off by such certificate
and the certificate so
issued binds the whole
world, including the
government.
b. EXCEPTIONS: [CNT-PD]
i. Those noted on the
certificate
ii. Liens, claims, or rights
arising or existing under
the laws and the
Constitution which are not
 by law required to appear
on record in the Register of
Deeds in order to be valid;
iii. Unpaid real estate taxes
levied and assessed within
2 years immediately
preceding the acquisition of
any right over the land by
an innocent purchaser for
value
iv. Any public highway, or
private way established or
recognized by law, or any
government irrigation,
canal or lateral thereof, if
the certificate of title does
not state the boundaries of
such highway or irrigation
canal or lateral thereof
have been determined
v. v. Any disposition of the
property or limitation on the
issue thereof pursuant to
PD 27 or any other law or
regulations on agrarian
reform
2. Incontrovertible and
indefeasible
a. GENERAL RULE: Upon
expiration of 1 year from and
after the entry of the decree of
registration in the LRA, the
decree and the corresponding
certificate of title becomes
incontrovertible and indefeasible
b. EXCEPTIONS: [PNF]
i. If previous valid title of
the same land exists
ii. When land covered is not
capable of registration
iii. When acquisition of
certificate is attended by
fraud
Arguelles v. Timbancaya, 72 SCRA
193 (1976)
• The rule on the incontrovertible
nature of a certificate of title
applies when what is involved is
the validity of the OCT, not when it
concerns that of the TCT.
3. Registered land not subject to
prescription
University of the Cordilleras
College of Law | 15
a. Even adverse, notorious and
continuous possession claim of
ownership for the period fixed
by law is ineffective against a
Torrens title (JM Tuason and
Co. Inc. v. CA, 93 SCRA 146
[1979]).
b. The fact that the title to the
land was lost does not mean
that the land ceased to be
registered land before the
reconstitution of its title. It
cannot perforce be acquired by
prescription (Ruiz v. CA, 79
SCRA 525 [1977]
c. c. Laches may be
invoked to bar
reconveyance of land to the
registered owner only if there
are intervening rights of third
persons which may be affected
or prejudiced if such land is
returned to the registered
owner (De Lucas v. Gamponia,
100 Phil 277 [1956]).
Feliciano v. Spouses Zaldivar, GR No.
162593, Sept. 26, 2006
FACTS:
Remigia Feliciano filed a complaint
against the spouses Zaldivar for the
declaration of nullity of TCT No. T-17993
and reconveyance of the property
covered therein. The said title is
registered in the name of Aurelio
Zaldivar.
Remigia alleged that she was the
registered owner of a lot, part of which is
that covered by both the above TCT and
TCT No. 8502. It was originally leased
to Pio Dalman, Aurelio’s father-in-law.
She attempted to mortgage the lot to
Ignacio Gil, but the mortgage did not
push through. She vehemently denies
ever executing a joint affidavit
confirming the sale to Gil and insists that
TCT No. 8502 was never lost.
The Zaldivars, on the other hand,
claimed that Aurelio bought the property
from Dalman who, in turn, bought the
same from Gil in 1951. Gil allegedly
purchased the property from
Remegia, the sale of which was
evidenced by the joint affidavit of
confirmation of sale that Remegia and
her uncle purportedly executed before a
notary public in 1965. Aurelio then filed a
petition for the issuance of a new
owner’s duplicate copy of TCT No. T-
8502 because when they asked
Remegia about it, she claimed it had
been lost. A petition for partial
cancellation of the said TCT was
granted and TCT No. 17993 was issued
in Aurelio’s name. They also allege that
they and their predecessors- in-interest
have been occupying the said property
since 1947, openly, publicly, adversely,
and continuously or for 41 years already.
ISSUE:
Who is the real owner of the subject lot?
RULING:
Remegia is the real owner. With respect
to the claim of acquisitive prescription, it
is baseless when the land involved is a
registered land since no title to
registered land in derogation of that of
the registered owner shall be acquired
by adverse possession. Consequently,
proof of possession by the Zaldivars is
both immaterial and inconsequential.
Neither can the spouses rely on the
principle of indefeasibility of TCT No.
17993 by virtue of the fact that TCT No.
8502 in the name of Remegia has
remained valid. Remegia’s title, thus,
prevails over Aurelio’s, especially
considering that the latter was correctly
nullified by the RTC as it emanated from
the new owner’s duplicate TCT No.
8502, which, in turn, was procured by
Aurelio through fraudulent means.
Laches has not set in against
Remegia as she merely tolerated the
occupation by the Zaldivars of the
subject lot. Therefore, Remegia’s right to
recover possession was never barred by
laches.
4. Certificate of title not subject to
collateral attack
a. Sec. 48 of PD 1529 provide
that “a certificate of title shall not
be subject to collateral attack. It
cannot be altered, modified, or
cancelled except in a direct
proceeding in accordance with
the law.”
5. Torrens Certificate presumed valid
and devoid of flaws
University of the Cordilleras
College of Law | 16
a. GENERAL RULE: Torrens
Certificate of Title is presumed to
have been regularly issued,
valid, and without defects. The
buyer has the right to rely upon
the face of the Torrens title and
dispense with the trouble of
inquiring further.
b. EXCEPTION: When he has
actual knowledge of facts and
circumstances that would impel a
reasonably cautious man to
make inquiry.
Erasusta, Jr. v. CA, GR No. 149231,
July 17, 2006
FACTS:
Lucena de los Reyes (petitioner’s
mother) sold 2 lots to Fortunato Amorin.
Amorin took possession of such
properties. Later, however, Pacific Bank
demanded that the Amorins vacate the
properties,
From any rights incident to the relation
claiming that such property had been
foreclosed by such Bank. As it turned
out De Los Reyes was of husband and
wife, landlord tenant and deceived by a
certain Benjamin Valenzuela, to whom
she entrusted the documents evidencing
her rights over the lots, the latter
fraudulently transferred the rights over
the lots to his name. Valenzuela
mortgaged such properties to Pacific
Bank. Respondent Bank foreclosed and
bought the properties. The Amorins
filed an action for Recovery of
Ownership with Damages. CA declared
respondent Bank an innocent purchaser
for value entitled to the protection of the
law with a better right over the lots than
the Amorins.
ISSUE:
Whether or not the Bank is an innocent
purchaser for value whose title must be
upheld.
RULING:
No. While it is a familiar doctrine that a
forged or fraudulent document may
become the root of a valid title, if the
property has already been transferred
from the name of the owner to that of
the forger, the same is not true. This
doctrine serves to emphasize that a
person who deals with registered
property in good faith will acquire good
title from a forger and be absolutely
protected by a Torrens title.
It cannot be overemphasized that
respondent Bank, being in the business
of extending loans secured by real
estate mortgage, is familiar with rules on
land registration. As such, it was, as
here, expected to exercise more care
and prudence than private individuals in
their dealing with registered lands.
Accordingly, given inter alia the
suspicion- provoking presence of
occupants other than the owner on the
land to be mortgaged, it behooved
respondent Bank to conduct a more
exhaustive investigation on the history of
the mortgagor’s title. That respondent
Bank accepted in mortgage the property
in question notwithstanding the
existence of structures on the property
and which were in actual, visible and
public possession of a person other than
the mortgagor constitutes gross
negligence amounting to bad faith.
In the absence of such inquiry, the
respondent Bank cannot and should
not be regarded as a
mortgagee/purchaser in good faith.
6. General incidents of registered land
• Registered land or the owners
thereof are not relieved from the
following:
a. From any rights incident to
the relation of husband and
wife, landlord and tenant
b. From liability to attachment or
levy on execution
c. From liability to any lien
of any description
established by law on the
land and buildings thereon,
or in the interest of the owner
in such land or buildings
d. From any right or liability that
may arise due to change of
the law on descent
e. From the rights of partition
between co- owners
f. From the right of the
government to take the land
by eminent domain
University of the Cordilleras
College of Law | 17
g. From liability to be recovered
by an assignee in insolvency
or trustee in bankruptcy
under the laws relative to
preferences
h. From any other rights or
liabilities created by law and
applicable to unregistered
land
7. Where certificate of title is obtained
by a trustee
a. Trustee who obtains a Torrens
title in his name, over property
held in trust by him for another
cannot repudiate the trust relying
on the registrations, such being
one of the limitations upon the
finality of title
b. Trustee could not perforce legally
convey ownership of the
registered property in her will for
she is not the absolute owner
thereof
SUBSEQUENT REGISTRATION
• Where incidental matters after
original registration may be
brought before the land registration
court by way of motion or petition
filed by the registered owner or a
party in interest.
• Rules as to the necessity and
effects of registration in general
1. Except a will that purports to
convey or affect a registered
land, the mere execution of the
deeds of sale, mortgage, or
lease or other voluntary
documents serve only 2
purposes:
a. as a contract between the
parties thereto, and
b. as evidence of authority to
the ROD to register such
documents
2. It is only the act of registering the
instrument in the ROD of the
province or city where the land
lies which is the operative act
that conveys ownership or
affects the land insofar as third
persons are concerned.
 3. The act of registration creates a entered in the day
constructive notice to the whole book and at the
world of such voluntary or same time he
involuntary instrument or court
surrenders or
writ or process.
presents the
owner’s duplicate
VOLUNTARY INVOLUNTARY certificate of title
DEALINGS DEALINGS covering the land
sold and pays the
Refer to deeds, Refer to such writ registration fees
instruments, or or order or
documents which process issued by Need to present No presentation
are results of the a court of record title to record the required;
free and voluntary affecting deed in registry & annotation in
acts of the parties registered land to make entry book is
thereto which by law memorandum on sufficient
should be title
registered to be
effective, and also VOLUNTARY DEALINGS
to such
instruments which Operative Act: registration by owner, if
are not the willful deed is not registered, it is binding only
acts of the between parties
registered owner
• GENERAL RULE: Where there is
and which may
nothing on the certificate of title to
have been indicate any cloud or vice in the
executed even ownership of the property, or any
without his encumbrance thereon, the
knowledge or purchaser is not required to
against his explore further than what the
consent Torrens title upon its face indicates
in quest for any hidden defect or
• Sale • Attachment inchoate right that may defeat his
• Real property • Injunction right thereto (Fule v. Legare, 7
mortgage • Mandamus SCRA 351 [1963]).
• Lease • Sale on
• Pacto de retro execution of • •Every person dealing with
sale judgment or sales registered land may safely rely on
• Extra-judicial the correctness of the certificate of
for taxes
title issued therefore and the law
settlement • Adverse claims
will in no way oblige him to go
• Free • Notice of lis
behind the certificate to determine
patent/homestead pendens the condition of the property. Even
• Powers of if a decree in a registration
attorney proceeding is infected with nullity,
• Trusts still, an innocent purchaser for
value relying on a Torrens title
An innocent Entry thereof in issued in pursuance thereof is
purchaser for value the day protected (Cruz v. CA & Suzara,
of registered land book of the ROD 281 SCRA 491 [1997]).
becomes the is sufficient notice
registered owner to all persons • •Although generally a forged or
the moment he even if the fraudulent deed is a nullity and
owner’s duplicate conveys no title, however, there
presents and files a
are instances where such a
duly notarized and certificate of title
fraudulent document may become
valid deed of sale is not presented the root of a valid title. One such
and the same is to the ROD instance is where the certificate of

University of the Cordilleras

College of Law | 18
 title was already transferred from
the name of the true owner to the
forger, and while it remained that
way, the land was subsequently
sold to an innocent purchaser
(Fule v. Legare, 7 SCRA 351
[1963]).
• EXCEPTIONS: [BOB-IM-LK]
1. Where the purchaser or
mortgagee is a bank/financing
institution, the general rule that a
purchaser or mortgagee of the
land is not required to look
further than what appears on the
face of the title does not apply
(Dela Merced v. GSIS, 365
SCRA 1 [2001]).
2. The ruling in Fule v. Legare
cannot be applied where the
owner still holds a valid and
existing certificate of title
covering the same property
because the law protects the
lawful holder of a registered title
over the transfer of a vendor
bereft of any transmissible right
(Tomasv. Tomas, 98 SCRA 280
[1980]).
3. Purchaser in bad faith (Egeo v.
CA, 174 SCRA 484 [1989])
4. Sufficiently strong indications
to impel closer inquiry into the
location, boundaries, and
condition of the lot (Francisco v.
CA, 153 SCRA 330 [1987]).
5. Where a person buys land not
from the registered owner but
from one whose rights to the
land has been merely annotated
on the certificate of title
(Quiniano v. CA, 39 SCRA 221
[1971]).
6. Purchases land with a certificate
of title containing a notice of lis
pendens;
7. Purchaser had full knowledge of
flaws and defects in the title
(Bernales v. IAC, 166 SCRA
519, [1988]).
PROCESS OF REGISTRATION:
(GENERALLY)
University of the Cordilleras
College of Law | 19
1. File the instrument creating or
transferring the interest and the
certificate of title with ROD,
including:
a. Owner’s duplicate
b. Payment of fees and
documentary stamp tax
c. Evidence of full payment of
real estate tax
d. Document of transfer
additional copy for
city/provincial assessor
2. ROD shall make a
memorandum on the
certificate of title, signed by him
3. Issuance of the TCT
REGISTRATION OF REAL PROPERTY
MORTGAGE:
1. Execution of deed in a form
sufficient in law (public instrument)
2. Registration with ROD where the
land lies
a. Present deed of mortgage
together with
b. Owner’s Duplicate and affidavit
of good faith
c. Payment of fees
d. ROD shall enter upon original
certificate of title and upon
duplicate a memorandum
(date, time of filing, signature,
and file number assigned to
deed)
e. ROD to note on the deed the
date and time of filing, and
reference to volume and page
of the registration book in
which it was registered
3. No duplicate need be issued
REGISTRATION OF CHATTEL
MORTGAGE:
1. Execution of document
2. Present the document together
with affidavit of good faith
3. Payment of fees
4. ROD enters in Day Book in strict
order of their presentation chattel
mortgages and other instruments
relating thereto (primary process)
 5. ROD thereafter enters in a more
detailed form the essential
contents of the instrument in the
Chattel Mortgage Register
(complementary process)
EFFECT OF REGISTRATION:
1. Creates a lien that attaches to
the property in favor of the
mortgagee
2. Constructive notice of his
interest in the property to the
whole world
EFFECT OF FAILURE TO REGISTER:
• Valid between parties but void
against 3rd persons
• If instead of registration, it is
delivered, it shall be a Pledge and
not a chattel mortgage (if no
chattel mortgage deed executed)
• Actual knowledge is same effect
as registration
AFFIDAVIT OF GOOD FAITH:
• Statement that:
1. Mortgage is made to secure
obligation specified
2. That it is a valid and just
obligation
3. That it is not entered into for
purposes of fraud
EFFECT OF ABSENCE OF AFFIDAVIT
OF GOOD FAITH:
• Vitiates mortgage as against
creditors and subsequent
encumbrancers
• Mortgage is not valid as between
parties
• No need to be in public document
REGISTRATION OF LEASE:
• It is the lessee, not the lessor, who
is required to initiate
registration.
1. File with ROD the instrument
creating lease together with
owner’s duplicate
certificate of Title
2. ROD to register by way of
memorandum upon
certificate of title
3. No new certificate shall be
issued
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NOTE: When there is prohibition in
mortgaged property as regards
subsequent conveyances, etc.,
leasehold cannot be registered in the
title thereof.
EFFECT OF REGISTRATION:
1. Creates a real right but without
prejudice to rights of 3rd persons
2. If it is not registered, it is valid as
between parties but not to 3rd
persons without notice
MAY ALIENS REGISTER LEASE? YES
1. May be granted temporary rights
for residential purposes
2. Limit: 25 years, renewable for
another 25 years
WHO ELSE MAY REGISTER? Builder
in Good Faith
REGISTRATION OF TRUST
1. Implied Trust: present a
sworn statement claiming
interest by reason of an implied
trust with description of land and
reference to the number of
certificate shall be registered in
ROD
2. Express Trust: instrument
creating the trust does not
prohibit registration
REGISTRATION OF APPOINTED
TRUSTEE BY COURT
• Certified copy of decree shall be
presented to ROD and surrender
duplicate certificate
• Cancel duplicate & new certificate
shall be entered by ROD
INVOLUNTARY DEALINGS
- Transactions affecting land in which
cooperation of registered owner is
the not needed or even against his will
1. ATTACHMENT
• A writ issued at the institution
of or during progress of an action
commanding the sheriff to
attach the property, rights,
credits, or effects of the
defendant to satisfy demands of
the plaintiff
• Kinds:
 a. Preliminary
b. Garnishment
c. Levy on execution
REGISTRATIONOFATTACHMENT/OTH
ER LIENS:
1. Copy of writ in order to preserve any
lien, right, or attachment upon
registered land may be filed with
ROD where land lies, containing
number of certificate of title of land
to be affected or description of land
2. ROD to index attachment in names
of both plaintiff and defendant or
name of person for whom property is
held or in whose name stands in the
records
3. If duplicate of certificate of title
is not presented:
a. ROD shall, within 36 hours, send
notice to registered owner by
mail stating that there has been
registration and request him to
produce duplicate so that
memorandum may be made
b. If the owner neglects or refuses
to comply, the ROD shall report
the matter to the cour
c. The court, after notice, shall
enter an order to owner to
surrender certificate at the time
and place named therein
4. Although notice of attachment is not
noted in duplicate, notation in book
of entry of ROD produces the effect
of registration already.
EFFECTS OF REGISTRATION OF
ATTACHMENT: [REEA]
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments, one
that is earlier in registration is
preferred
4. If it is not registered, actual
knowledge is the same as
registration
2. EXECUTION SALE
• To enforce a lien of any description
on registered land, any execution
or affidavit to enforce such lien
shall be filed with ROD where land
lies
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• Register in registration book &
memorandum upon proper
certificate of title as adverse claim
or as an encumbrance
• To determine preferential rights
between 2 liens: priority of
registration of attachment
a. TAX SALE
• Sale of land for collection of
delinquent taxes and penalties
due the government
• In personam (all persons
interested shall be notified so
that they are given an
opportunity to be heard)
• Notice to be given to delinquent
tax payer at his last known
address
• • Publication of notice must also
be made in English, Spanish,
and local dialect, posted in a
public and conspicuous place in
the place where the
property is situated and at the
main entrance of the provincial
building
• Sale cannot affect rights of other
lien holders unless given the
right to defend their rights: due
process must be strictly
observed
• Tax lien superior to an
attachment
• There is no need to register a tax
lien because it is automatically
registered once the tax accrue
but the sale of registered land to
foreclose a tax lien needs to be
registered
PROCEDURE OF REGISTRATION OF
TAX SALE:
1. Officer’s return shall be submitted
to the ROD Together with the
owner’s duplicate title
2. Register in the registration book
3. Memorandum shall be entered in
the certificate as an adverse claim
or encumbrance
4. after a period of redemption has
expired and no redemption made (2
years from registration of auction
sale), title must be cancelled and
new title will be issued
5. Before the cancellation, notice shall
be sent to registered owner, to ask
him to surrender title and show
cause why it shall not be cancelled
3. ADVERSE CLAIM
Sajonas v. CA, 258 SCRA 79 (1996)
ADVERSE CLAIM is a notice to third
persons that someone is claiming an
interest on the property or has a better
right than the registered owner thereof.
The disputed land is subject to the
outcome of the dispute.
• Claim is adverse when:
1. A claimant’s right or interest in
registered land is adverse t the
registered owner;
2. Such right arose subsequent to
date of original registration
3. No other provision is made in the
Decree for the registration of
such right or claim (Sec. 70, PD
1529)
Sanchez v. CA, 69 SCRA 327 (1976)
• A mere money claim cannot be
registered as an adverse claim.
• Actual knowledge is equivalent to
registration of adverse claim.
• No 2nd adverse claim based on
the same ground may be
registered by the same claimant.
FORMAL REQUISITES OF AN
ADVERSE CLAIM FOR PURPOSES
OF REGISTRATION: [WNR]
a. Adverse claimant must state the
following in writing:
1. His alleged right or interest
2. How and under whom such
alleged right or interest is
acquired
3. The description of the land in
which the right or interest is
claimed
4. The certificate of title number
b. Such statement must be signed and
sworn to before a notary public
c. Claimant shall state his residence
or place to which all notices may be
served upon him
NOTE: Noncompliance with said formal
requisites renders such adverse claim
non-registrable and ineffective.
PERIOD OF EFFECTIVITY; WHEN
CANCELLED
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• The adverse claim shall be effective
for a period of 30 days from the date
of registration and it may be
cancelled:
a. After the lapse of 30 days, upon
the filing by the party-in-interest
of a verified petition for such
purpose
b. Before the lapse of said 30 days,
upon the filing by the claimant of
a sworn petition withdrawing his
adverse claim
c. Before the lapse of the 30-day
period, when a party-in-interest
files a petition in the proper RTC
for the cancellation of the
adverse claim and, after
notice and hearing, the court
finds that the claim is invalid. If
the court also finds the claim to
be frivolous, it may fine the
claimant the amount of not less
than 1,000 pesos nor more than
5,000 pesos, in its discretion
Diaz-Duarte v. Ong, 298 SCRA 388
(1998)
For this purpose, the interested party
must file with the proper court a petition
for cancellation of adverse claim, and a
hearing must also first be conducted.
The Register of Deeds cannot on its
own automatically cancel the adverse
claim.
Ty Sin Tei v. Dy Piao, 103 Phil 858, GR
No. 11271, May 28, 1958
An adverse claim may exist concurrently
with a subsequent annotation of a notice
of lis pendens
Villaflor v. Juezan, 184 SCRA 315
(1990)
When an adverse claim exists
concurrently with a notice of lis pendens,
the notice of adverse claim may be
validly cancelled after the registration of
such notice, since the notice of lis
pendens also serves the purpose of the
adverse claim.
4. NOTICE OF LIS PENDENS
Heirs of Marasigan v. IAC, 152 SCRA
253 (1987)
The purpose of the notice of lis pendens
is to constructively advise, or warn all
people who deal with the property that
they so deal with it at their own risk, and
whatever rights they may acquire in the
property in any voluntary transaction are
subject to the results of the action, and
may well be inferior and subordinate to
those which may be finally determined
and laid down therein.
WHEN NOTICE OF LIS PENDENS IS
PROPER: [RQCPO]
1. To recover possession of real
estate
2. To quiet title thereto
3. To remove clouds upon the title
thereof
4. For partition, and
5. Any other proceeding of any kind in
court directly affecting the title to
the land or the use of occupation
thereof or the building thereon.
EFFECT OF REGISTRATION:
1. Impossibility of alienating the
property in dispute during the
pendency of the suit
2. It may still be alienated but the
purchaser is subject to the final
outcome of pending suit
3. ROD is duty-bound to carry over
notice of lis pendens on all new
titles to be issued
CANCELLATION OF LIS PENDENS:
[M-NUVD]
• Before final judgment, the court
may order the cancellation:
1. After showing that notice is
only for purpose of selecting an
adverse party
2. When it is shown that it is not
necessary to protect the right
of the party who caused the
registration thereof
3. When the consequences of the
trial are unnecessarily delaying
the determination of the case
to the prejudice of the other
party
4. ROD may also cancel by
verified petition of party who
caused such registration
5. Deemed cancelled when
certificate issued by clerk of
court stating manner of
disposal of proceeding is
registered
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LIS PENDENS HAS NO APPLICATION
TO THE FOLLOWING:
1. Preliminary attachment
2. Proceedings for the probate of wills
3. Levies on execution
4. Proceedings for administration of
estate of deceased persons and
5. Proceedings in which the only
object is the recovery of a money
judgment
OTHER PARTIES WHO NEED TO
REGISTER:
1. ASSIGNEE IN INVOLUNTARY
PROCEEDING FOR INSOLVENCY
• Duty of the officer serving notice
to file copy of notice to ROD
where the property of debtor lies
• Assignee elected or appointed
by court shall be entitled to entry
of a new certificate of registered
land upon presentment of copy
of assignment with the
bankrupt’s duplicate certificate of
title
• New certificate shall not state
that it is entered to him as
assignee or trustee in insolvency
proceedings
Judgment/Order Vacating Insolvency
Proceedings
• Order shall also be registered
• Surrender title issued in
name of assignee & debtor
shall be entitled to entry of new
certificate
2. GOVERNMENT IN EMINENT
DOMAIN
• Copy of judgment filed in ROD
which states description of
property, certificate number,
interest expropriated, and nature
of public use
• Memorandum shall be made
or new certificate of title shall
be issued
CADASTRAL REGISTRATION is a
proceeding in rem initiated by the filing
of a petition for registration by the
government, not by the persons claiming
ownership of the land subject thereof,
and the latter are, on the pain of losing
their claim thereto, in effect, compelled
to go to court to make known their claim
or interest therein and to substantiate
such claim or interest.
 refer to
• The government does not seek public
registration of the land in its own agricultural
name
lands if the
• The objective of the proceeding
Object of
is the adjudication of title to the
lands involved in the proceeding the action is
confirmation
of an
imperfect
PROCEDURE: [NN-CP-PAHD-DI] title

1. Notice of cadastral survey Parties Applicant Gove

published once in OG and posted in and rnment,
conspicuous place with a copy opponent Landowners
furnished to the mayor and
must come
barangay captain
2. Notice of date of survey by the to court as
Bureau of Land Management and claimants of
posting in bulletin board of the their own
municipal building of the lands
municipality or barrio, and he shall
mark the boundaries of the lands by Purpose Petitioner Government
monuments set-up in proper places comes to asks the
thereon court to court to
3. Cadastral survey confirm his settle and
4. Filing of petition
title and adjudicate
5. Publication (twice in successive
issues of OG), mailing, posting seeks the the title of
6. Filing of answer registration the land
7. Hearing of the case of the land
8. Decision in his name
9. Issuance of the decree and
certificate of title Person Landowner Government
who
NOTE: The cadastral court is not requests
limited to mere adjudication of the
ownership in favor of one or more
survey
claimants. If there are no successful
claimants, the property is declared Effect of • no • if none of
public land. Additionally, while the court
judgment adverse the
has no jurisdiction to adjudicate lands
claim applicants
already covered by a Certificate of Title,
• if the can prove
it is nonetheless true that this rule
only applies where there exists no applicant that he is
serious controversy as to the fails to entitled to
certificate’s authenticity vis-à-vis the prove his the
land covered therein (Republic v. Vera, title, his land, the
120 SCRA 210 [1983]). application same shall
may be be declared
PD 1529 Cadastral dismissed public (res
Nature Voluntary Compulsory without judicata)
prejudice
Applicant Landowner Director of (no res
Lands judicata)
Lands • usually • all classes
Covered involves of lands are
private included PATENTS
land
• it may also

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CLASSIFICATION OF LAND OF WHEN GOVERNMENT GRANT
PUBLIC DOMAIN: DEEMED ACQUIRED BY OPERATION
OF LAW:
• The classification is the exclusive
prerogative of executive and not by 1. Deed of conveyance issued by
judiciary anyone who applies for government patent/grant
confirmation of imperfect title has 2. Registered with the ROD:
the burden of proof to overcome mandatory, it is the operative act to
the presumption that the land convey and transfer title
sought to be registered forms part 3. Actual physical possession,
of public domain (Regalian open and continuous
doctrine) • Land ceased to be part of public
domain & now ownership vests
UNDER THE CONSTITUTION: to the grantee
• Any further grant by
1. Agricultural – only one subject to Government on same land is
alienation null and void
2. Forest or timber • Upon registration, title is
3. Mineral lands indefeasible
4. National park

UNDER THE PUBLIC LAND ACT: TITLE ISSUED PURSUANT TO

1. Alienable/disposable:
a. Agricultural
b. Residential, commercial,
industrial
c. Educational, charitable
d. Town sites and for public and
quasi- public uses
2. Timber lands: inalienable
3. Mineral lands: inalienable
• If patent or title is issued, it is
void ab initio for lack of
jurisdiction
• It is not subject to acquisitive
prescription even if in
possession for long time, it
will not ripen into ownership
• Except: mineral lands and
forest lands acquired before
inauguration of
Commonwealth in November
15, 1935 because there are
vested rights which are
protected
FISHPONDS
• Before: It was included in the
definition of agriculture, therefore,
the conversion of agricultural land
to fishponds did not change
character of land
• Now: It has a restricted meaning;
Fishponds have a distinct category
and cannot be alienated but may
be leased from government
REGISTRATION OF PATENT:
1. Indefeasible when registered, and
deemed incorporated with Torrens
system 1 year after the issuance of
patent
2. May not be opened 1 year after
entry by LRA (Otherwise, confusion
and uncertainty on the government
system of the distribution of public
lands may arise and this must be
avoided)
Except: if it is annullable on ground of
fraud, then it may be reopened even
after 1 year because registration does
not shield bad faith
• The court, in the exercise of its
equity jurisdiction, may direct
reconveyance even without
ordering cancellation of title
HOMESTEAD 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 private corporation,
partnership, association may lease
land unless it is solely for
commercial, industrial,
educational, religious or charitable
purpose, or right of way (subject to

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 consent of grantee and approval of es (filing occupied and
Secretary of Environment & ended cultivated,
Natural Resources) Dec. 31, either by
2000) himself or his
EXCEPTIONS: predecessors-
in-
1. Action for partition because it
interest, tracts
is not a conveyance
2. Alienations or encumbrances of disposable
made in favor of the government agricultural
public land for
at least 30
ERRING HOMESTEADER NOT years prior to
BARRED BY PARI DELICTO March 28,1990
• paid real
• Pari delicto rule does not apply in
property taxes
void ontracts
• Violation of prohibition results in on the
void contract property while
• Action to recover does not the same has
prescribe not
been occupied
KINDS TO REQUIREME by any person
WHOM NTS • grant will be
GRANT limited to 12
ED hectares only

HOMESTE To any Does not own SALES Citizens • to have at

AD Filipino more than 12 PATENT of least
PATENT citizen hectares of the 1/5 of the land
over the land in the Philippin broken and
age of Philippines or es of cultivated
18 years has not had lawful within 5 years
or head the benefit of age or from the date
of the any gratuitous head of of the award
family allotment of the (public
more than 12 family auction)
hectares may • shall have
• must have purchas established
resided e public actual
continuously agricultu occupancy,
for at least 1 ral land cultivation, and
year in the of not improvement
municipality more of at least 1/5
where the land than 12 of the land
is situated hectares until the date
• must have of such final
cultivated at payment
least • for
1/5 of the land agricultural
applied for lands suitable
for residential,
FREE To any • does not own commercial or
PATENT natural more than 12 industrial
born hectares of purposes,
citizen of land patent is
the • has
issued only
Philippin continuously

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 after: auction)
1.) full • shall have
payment of established
purchase actual
price, and occupancy,
2.) completion cultivation, and
of the improvement
construction of of at least 1/5
permanent of the land
To any improvements until the date
citizen of appropriate for of such final
legal age purpose for payment
for which the land • for
residenti is purchased agricultural
al (must be lands suitable
purpose completed for residential,
s within 18 commercial or
months from industrial
date of award) purposes,
patent is
issued only
after:
1.) full
Does not own payment of
a home lot in purchase
the price, and
municipality in 2.) completion
which he of the
resides construction of
permanent
In good faith; improvements
established his appropriate for
residence on a purpose for
parcel of land which the land
of public is purchased
domain not (must be
needed for completed
public service within 18
Not more than months from
1,000 sq. m.; date of award)

Occupant SPECIAL To Non- Secretary of

must have PATENT Christian the
construed his Filipinos DILG shall
house on the under certify that the
land and the majority of the
actually• to Public non-Christian
have at least Land Act inhabitants of
1/5 of the land any
broken and given
cultivated reservation
within 5 years have
from the date advanced
of the award sufficiently in
(public

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 civilization
PROCEDURE FOR REGISTRATION
OF PUBLIC LANDS: [IFEFI]
1. Official issues an instrument of
conveyance
2. File the instrument with ROD
3. Instrument is to be entered in
books and owner’s duplicate to be
issued
• Instrument is only a 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 ROD to register
4. Fees to be paid by grantee
5. After issuance of certificate of title,
land is deemed registered land
within the purview of the Torrens
system
RESTRICTION ON ALIENATION/
ENCUMBRANCE OF LANDS TITLED
PURSUANT TO PATENTS:
1. Lands under free patent or
homestead patent is prohibited
from being alienated/encumbered,
except if in favor of the
government, within 5 years from
and after the issuance of the
patent or grant (Republic v. Heirs
of Felipe Alejaga, Sr., 393 SCRA
361 [2002])
2. Transfer or conveyance of any
homestead after 5 years and
before 25 years after the issuance
of the title without the approval of
the DENR Secretary
3. Lands acquired under
emancipation patents issued to
landless tenants and farmers must
not be alienated or encumbered
within 10 years from issuance of
the title
4. Conveyances and encumbrances
made by persons belonging to the
“non-Christian tribes may be made
only when the person making the
conveyance or encumbrance is
able to read and understand the
language in which the instrument
or deed is written. If illiterate, must
be approved by the then
Commissioner of Mindanao and
Sulu;
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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, the one procured through a
decree of registration is superior
than patent issued by director of
lands
• 2 titles procured by one person:
One from homestead patent and
one from judicial decree and sold to
2 different persons, the one who
bought it for value and in good faith
and who registered first shall have
preference
Republic v. Heirs of Felipe Alejaga,
Sr. 393 SCRA 361 (2002)
A free patent obtained through fraud or
misrepresentation is void. Furthermore,
the one-year prescriptive period
provided in the Public Land Act does not
bar the State from asking for the
reversion of property acquired through
such means.
Once a patent is registered and the
corresponding certificate of title issued,
the land covered by them ceases to be
part of the public domain and becomes
private property. Further, the Torrens
Title issued pursuant to the patent
becomes indefeasible a year after the
issuance of the latter. However, this
indefeasibility of a title does not attach to
titles secured by fraud and
misrepresentation. Well-settled is the
doctrine that the registration of a patent
under the Torrens System does not by
itself vest title; it merely confirms the
registrant’s already existing one. Verily,
registration under the Torrens System is
not a mode of acquiring ownership.
Therefore, under Section 101 of
Commonwealth Act No. 141, the State --
even after the lapse of one year -- may
still bring an action for the reversion to
the public domain of land that has been
fraudulently granted to private
individuals. Further, this
indefeasibility cannot be a bar to an
investigation by the State as to how the
title has been acquired, if the purpose of
the investigation is to determine whether
fraud has in fact been committed in
securing the title Section 118 of entered
Commonwealth Act No. 141 proscribes REQUISITES:
the encumbrance of a parcel of land a. FAME, with
acquired under a free patent or affidavit of merit;
homestead within five years from its in case of
grant. The prohibition against any
extrinsic fraud,
alienation or encumbrance of the
land grant is a proviso attached to the state that
approval of every application. deprived of
hearing or
REMEDIES AVAILABLE TO prevented from
AGGRIEVED PARTY IN appealing
REGISTRATION PROCEEDINGS b. After
judgment
MOTION TO • before c. Person
LIFT/SET ASIDE judgment
deprived of right
ORDER OF • FAME and with
is party to case
DEFAULT valid defense
• under oath PETITION FOR • Within
REVIEW OF 1 year after entry
MOTION FOR NEW • 15 days from
REGISTRATION of
TRIAL notice of
DECREE decree of
judgment
registration
GROUNDS:
• it will
a. Fraud,
not prosper if
accident,
transferred to
mistake,
innocent
excusable
purchaser for
negligence
value
(FAME) which
GROUNDS:
ordinary
a. actual
prudence could
or extrinsic fraud,
not have committe
guarded against d outside trial,
b. Newly
preventing
discovered
petitioner from
evidence c.
presenting his
Award of
side
excessive b. fatal
damages, or
infirmity in the
insufficiency of
decision for want
evidence to
of due process
justify c.
decision, or that
lack of
the
jurisdiction of the
decision is
court
against the law
REQUISI
APPEAL • 15 days from TES:
notice of a.
judgment Petitioner has a
• To the CA/SC real and
dominical right
RELIEF FROM • 60 days after b. He
JUDGMENT petitioner learns has been
of judgment, but deprived of such
not more than right
6 months after c.
judgment was

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 Through discovery of the
actual or fraud
extrinsic fraud
d. The
petition is filed
within 1 year RECOVERY FOR REQUISITES:
DAMAGES a. Person is
from the
wrongfully
issuance of
the deprived of his
decree land by
e. The registration in
property has not name of
been passed on another (actual
to an innocent or
constructive
purchaser for
fraud
value
b. No
ACTION FOR • available so negligence on
RECONVEYANCE long as property his part c.
not yet passed to Barred/
innocent precluded from
purchaser for bringing an
value action (after 1
• by aggrieved year from
party, whose decree)
land was d. Action for
registered compensation
wrongly to has not
another person prescribed
• before issuance
ACTION FOR REQUISITES:
of decree, or
COMPENSATION a. The
within/after 1
FROM THE aggrieved party
year from entry
ASSURANCE sustained loss or
• action in
FUND damage, or is
personam
• if based on deprived land or
implied trust, it any
estate or interest
must be
therein
instituted within
b. Such loss,
10 years, and
damage or
imprescriptible if
deprivation was
by
occasioned by
registered owner
the bringing of
or his
children, co-heir, the land under
or plaintiff in the operation of
possession the Torrens
• if based on system or arose
expressed trust after the original
and void registration of
contract, the land;
imprescriptible c. The loss,
• if based on damage or
fraud, it must be deprivation was
instituted within 4 due to fraud, or
years from the any error,

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 omission, procured by
mistake, or fraud or is
misdescription in jurisdictionally
any certificate of flawed
title or in any • The later
entry or title should be
memorandum in declared null and
the registration void and ordered
book cancelled
d.There was no • It is the
negligence on aggrieved party
his part that institutes the
e. He is barred action
or precluded • In case of
under the non-registered
provisions of PD land, must be
1529 or under filed by the OSG
the provisions for cancellation
of any law from of title or
bringing an reversion to
action for the State
recovery of such • Voiding or
land or the cancellation of
estate or interest OCT does not
therein; affect derivative
f. The TCTs if their
action has not holders not given
prescribed: must opportunity to be
be instituted heard and
within a period of defend their title
6 years from the
time the ANNULMENT OF • May only be
right to bring JUDGMENT availed of when
such action first the ordinary
occurred-which remedies of new
is the date of trial, petition for
issue of the relief, or other
certificate of title appropriate
g. Execution remedies are no
first against longer available
person through no fault
responsible for of the petitioner
fraud; if (Linzag v. CA,
insolvent, 291 SCRA 304
against [1998]).
national treasury
REVERSION SUIT The objectives is
CANCELLATION Where 2 the cancellation
SUITS certificates are of the certificate
issued to of title and the
different persons consequential
covering the reversion of the
same land, the land covered in
title earlier in the land grant to
date must the State
prevail, unless

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 • GROUNDS: or effective but is
a. Violation of in truth and in
Sections fact invalid,
118, 120, 121 effective,
and 122 of the voidable or
Public Land Act unenforceable,
(ex. alienation or and may
sale of be prejudicial to
homestead said title (Art.
executed within 476, Civil Code)
the 5 year • An ordinary
prohibitory civil remedy
period) Aside from the
b. When land registered owner,
patented a person who
and titled is not has an equitable
capable of right or interest
registration in the property
c. Failure of the may likewise file
grantee to such action
comply with (Mamadsul v.
conditions Moson, 190
imposed by law SCRA 82
to [1990])
entitle him to a • Imprescriptible
patent or grant if plaintiff is in
d. When area is
possession; if
an expanded
not, must be
area
brought within 10
e. When the
years from of
land is
acquired in possession
violation of the CRIMINAL ACTION The State may
Constitution (e.g. criminally
land acquired by prosecute for
an alien) perjury the party
• Indefeasibility who obtains
of title, registration
prescription, through fraud,
laches, and such as by
estoppel do not stating false
bar reversion assertions in the
suits sworn answer
QUIETING OF Brought to required of
TITLE remove clouds applicants in
on the tile to real cadastral
property or any proceedings
interest therein, (People v.
by reason of any Cainglet, 16
instrument, SCRA 749
record, claim, [1966] )
encumbrance or
proceeding ASSURANCE FUND
which is
apparently valid

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• State creates a fund for the
compensation of persons injured by
divesting/cutting off of rights due to
the indefensibility of title; following
that act of registration is operative
act by which State transfers title
• It is created to relieve innocent
persons from harshness of doctrine
that certificate of title is conclusive
evidence of an indefeasible title to
land.
• Upon entry of certificate in name of
owner or TCT, ¼ of 1% shall be
paid to the ROD based on
assessed value of land as a
contribution to the assurance fund
• If there is yet no assessment,
a sworn declaration of 2
disinterested persons on the value
of the land, subject to determination
by court, is required.
• Money shall be in the custody of the
National Treasurer who shall invest
it until principal plus interest
aggregates to 500,000. The
excess shall be paid to the
Assurance Fund and be included in
the annual report of Treasurer to
Secretary of Budget
WHO IS ENTITLED?
1. Claimant must be owner,
purchaser or encumbrance in good
faith who suffered actual damage by
loss of land. In short, he is deprived of
his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing
action to recover said land
4. Action to recover from assurance
fund has not prescribed
LOSS/DAMAGES SHOULD NOT BE
DUE TO FOLLOWING REASONS:
1. Breach of trust
2. Mistake in resurvey resulting in
expansion of area in certificate of
title
LOSS/DAMAGES SHOULD BE DUE
TO THE FOLLOWING REASONS:
1. Omission, mistake, misfeasance of
ROD or clerk of court
2. Registration of 3rd persons as
owner
3. Mistake, omission, misdescription in
4. Certificate of title, duplicate or entry
in books
5. Cancellation
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AGAINST WHOM ACTION IS FILED:
1. Action due to deprivation of land
due to mistake, negligence,
omission of ROD, etc: ROD and
National Treasurer as defendants;
Sol-Gen must appear
2. Private persons involved should
also be impleaded
LIABILITY:
1. Satisfy claims from private persons
first;
2. When unsatisfied: secondarily liable
is the National Treasurer who shall
pay through the assurance fund;
thereafter Government shall be
subrogated to rights of plaintiff to go
against other parties or securities
MEASURE OF DAMAGES:
• Based on amount not greater
than fair market value of land
• Amount to be recovered not limited
to 500,000 which is maintained as
standing fund
• If fund is not sufficient, National
Treasurer is authorized to make up
for deficiency from other funds
available to Treasury even if not
appropriated
WHERE AND WHEN TO FILE ACTION
AGAINST
1. Any court of competent jurisdiction:
RTC in City where property lies or
resident of plaintiff
2. Action prescribes in 6 years from
time plaintiff actually suffered loss
3. If plaintiff is minor, insane or
imprisoned, he has additional 2
years after disability is removed file
action .notwithstanding expiration
of regular period
PETITIONS AND MOTIONS AFTER
ORIGINAL REGISTRATION:
1. LOST DUPLICATE CERTIFICATE
• Sworn statement that certificate
is lost to be filed by person in
interest with ROD
• Petition to court for the issuance
of new title
• After notice and hearing, the
court is to order issuance of new
title with memorandum that it is
 issued in place of lost certificate
(duplicate)
• If false statement, he can be
charged with the complex crime
of estafa through falsification of
public document
2. ADVERSE CLAIM IN
REGISTERED LAND
• Different from lis pendens:
• Lis pendens has no expiration
period but adverse claim is only
for 30 days:
• Lis pendens is a notice that
property is in litigation while
adverse claim signifies that
somebody is claiming better right
• Recent ruling: adverse claim can
only be removed upon court
order, therefore, it is considered
to be the more permanent and
stable one as compared to lis
pendens
3. PETITION SEEKING
SURRENDER OF DUPLICATE
TITLE
• In voluntary and involuntary
conveyances: when the duplicate
cannot be produced, the party
must petition the court to compel
the surrender of duplicate
certificate of title to ROD
• After hearing, the court may
order issuance of a new
certificate and annul the old
certificate
• The new certificate shall contain
an annotation regarding the
annulment of the 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 are
not allowed to be altered except
by order of court
• Grounds:
1. New interest that does not
appear on the instrument
have been created
2. Interest have been
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
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6. Marriage has terminated
7. Corporation which owner
registered land has dissolved
and has not conveyed the
property within 3 years after
its dissolution
8. 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)
a. Alterations which do not
impair rights and
b. Alterations which impair
rights: with consent of all
parties
c. Alterations to correct
obvious mistakes
5. RECONSTITUTION OF ORIGINAL
CERTIFICATE OF TITLE
• The restoration of the instrument
which is supposed to have been
lost or destroyed in its original
form and condition, under the
custody of ROD
• Purpose: to have the same
reproduced, after proper
proceedings in the same form
they were when the loss or
destruction occurred (Heirs of
Pedro Pinote v. Dulay, 187
SCRA 12 [1990])
• As consequence of war, the
records have been destroyed
• When reconstituted, the new title
have the same validity as old title
• Kinds:
a. Judicial
• File a petition with the
RTC
• To be published in OG
for 2 consecutive issues
and on main entrance of
municipality for at least
30 days before hearing
• In rem proceedings
• Court is to order
reconstitution if it deemed
fit; and issue an order to
ROD
• The lack of essential data
is fatal

SOURCES OF JUDICIAL
RECONSTITUTION OF TITLE
1. FOR OCT (In this order)
a. Owner’s duplicate of the
certificate of title
b. Co-owner’s, mortgagee’s or
lessee’s duplicate of said
certificate
c. Certified copy of such certificate,
previously issued by the ROD
d. Authenticated copy of the decree
of registration or patent, as the
case may be, which the basis of
the certificate of title was,
e. Deed of mortgage, lease, or
encumbrance containing
description of property covered by
the certificate of title and on file
with the ROD, or an authenticated
copy thereof indicating that its
original had been registered
f. Any other document which, in the
judgment of the court, is sufficient
and proper basis for reconstitution
2. FOR TCT
a. Same as sources a, b, and c for
reconstitution of OCT
b. Deed of transfer or other
document containing description
of property covered by TCT and
on file with the ROD, or an
authenticated copy thereof
indicating its original had been
registered and pursuant to which
the lost or destroyed certificate of
title was issued;
c. Same as sources (e) and (f) for
reconstitution of OCT
b. Administrative
• May be availed of only in case of:
1. Substantial loss or destruction of
the original land titles due to fire,
flood, or other force majeure
as determined by the
Administrator of the LRA
2. The number of certificates of title
lost or damaged should be at
least 10% of the total
number in the possession of the
Office of the ROD
3. In no case shall the number of
certificate of title lost or
damaged be less than 500, and
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4. Petitioner must have the
duplicate copy of the certificate
of title (RA 6732)
NOTES:
• The law provides for retroactive
application thereof to cases 15
years immediately preceding 1989
• When the duplicate title of the
landowner is lost, the proper
petition is not reconstitution of title,
but one filed with the court for
issuance of new title in lieu of the
lost copy
SOURCES FOR ADMINISTRATIVE
RECONSTITUTION:
a. Owner’s duplicate of the certificate
of title
b. Co-owner’s, mortgagee’s, or
lessee’s duplicate of said
certificate
CONTENTS OF PETITION
1. That the owner’s duplicate of the
certificate of title had been lost or
destroyed
2. That no co-owner’s, mortgagor’s,
or lessee’s duplicate had been
issued
3. The location, area and boundaries
of the property
4. The nature and description of the
buildings or improvements, if any,
which do not belong to the owner
of the land, and the names and
addresses of the owners of such
buildings or improvements;
5. The names and addresses of the
(a) occupants or persons in
possession of the property. (b) of
the owners of the adjoining
properties; and (c) of all persons
who may have any interest in the
property;
6. A detailed description of the
encumbrance, if any, affecting the
property
7. A statement that no deeds or other
instruments affecting the property
have been presented for
registration, or, if there be any, the
registration thereof has not been
accomplished, as yet
PUBLICATION, MAILING AND
POSTING IN PETITIONS FOR
RECONSTITUTION OF TITLE:
• Notice thereof shall be published
twice in successive issues of the
OG
• Must be posted on the main
entrance of the provincial building
and of the municipal building of the
municipality or city where the land
is situated
• To be sent by registered mail or
otherwise, at the expense of the
petitioner, to every person named in
said notice
• This should be done at least 30
days prior to the date of hearing.
MWSS v. Sison, 124 SCRA 394 (1983)
The publication of the petition in 2
successive issues of the Official
Gazette, the service of the notice of
hearing to the adjoining owners and
actual occupants of the land, as well as
posting of the notices in the main
entrance of the provincial and
municipal buildings where the property
lies at least 30 days prior to the date of
the hearing, as prescribed by Section
13 of the law (RA 26), are mandatory
and jurisdictional requisites… If an order
if reconstitution is issued without any
previous publication as required by law,
such order of reconstitution is null and
void. Even the publication of the notice
of hearing in a newspaper of general
circulation like the Manila Daily Bulletin,
is not a substantial compliance with the
law because Section 13 specifies OG
and does not provide for any
alternative medium or manner of
publication.
Manila Railroad Company v. Moya,
215 Phil. 593 (1984)
Notice must be actually sent or delivered
to parties affected by the petition for
reconstitution. The order of
reconstitution, therefore, having
been issued without compliance with
the said requirement has never become
final as it was null and void.
Puzon v. Sta. Lucia Realty and
Development, Inc. 353 SCRA 699
(2001)
Service of notice of the petition
for reconstitution filed under RA 26 to
the occupants of the property, owners of
the adjoining properties, and all persons
who may have any interest in the
property is not required if the petition is
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based on the owner’s duplicate
certificate of title or on that of the co-
owner’s, mortgagee’s, or lessee's.
Republic v. Sanchez, GR. No. 146081,
July 17, 2006
FACTS:
Sanchez sought for reconstitution of
titles alleged to have been destroyed by
a fire which razed the Office of the ROD
in June 1988. The reconstitution of the
title is based on Sanchez’s duplicate
title. They submitted to the RTC a
Report allegedly signed by the Chief of
the Reconstitution Division of the LRA
stating that the technical description of
the lot does not overlap previously
plotted properties. Without serving
notices of the petition to adjoining
owners, the RTC then granted the
petition for reconstitution. After the
decision became final, LRA submitted to
the Court another report claiming that
the first report was fake and
recommends that the RTC set aside its
decision. LRA also claims that the
notice of the petition should have
been served on adjoining owners as
one of the jurisdictional requirements
since the Authentic LRA Report found
Sanchez’s title to be a fake title.
ISSUE:
Whether the trial court acquired
jurisdiction over the case
RULING:
No. The source of the petition for
reconstitution in the case at bar was
petitioner’s duplicate copies of the TCTs.
As a general rule, Sections 9 and 10 of
RA 26 will apply and not Sections 12
and 13.
Section 9 and 10 or RA 26 require
that 30 days before the hearing, (1) a
notice be published in 2 successive
issues of the OG at the expense of the
petitioner, and (2) such notice be posted
at the main entrances of the provincial
building and of the municipal hall
where the property is located. The
notice shall state the following: (1) the
number of the certificate of title, (2) the
name of the registered owner, (3) the
names of the interested parties
appearing in the reconstituted certificate
of title, (4) the location of the property,
and (5) the date on which all persons
having an interest in the property must
appear and file such claims as they may
have.
In petitions for reconstitution where the
source is the owner’s duplicate copy,
notices to adjoining owners and to
actual occupants of the land are not
required. But Puzon is not applicable
here. There is no report from a pertinent
government agency challenging the
authenticity of the duplicate certificates
of title presented in Puzon.
Sections 12 and 13 of RA 26 must apply
because the owner’s duplicate is
claimed by the LRA to be spurious.
The failure to meet any of the necessary
publication, notice of hearing and
mailing requirements did not vest
jurisdiction of the case to the court.
Thus, the judgment rendered by the
RTC is void and will never become
binding or final as it is a nullity right from
the very start. It may be challenged at
any time.
Feliciano v. Zaldivar, GR. No. 162593,
September 26, 2006
FACTS:
Remigia Feliciano filed a complaint
against the spouses Zaldivar for the
declaration of nullity of TCT No. T-17993
and reconveyance of the property
covered therein. The said title is
registered in the name of Aurelio
Zaldivar.
Remigia alleged that she was the
registered owner of a lot, part of which is
that covered by the above TCT, and with
TCT No. 8502. It was originally leased
to Pio Dalman, Aurelio’s father-in-law.
She attempted to mortgage the lot to
Ignacio Gil, but the mortgage did not
push through. She vehemently denies
that she and her uncle never executed a
joint affidavit confirming the sale, and
that TCT No. 8502 was never lost.
The Zaldivars, on the other hand,
claimed that Aurelio bought the
property from Dalman who, in turn,
bought the same from Gil in 1951. Gil
allegedly purchased the property from
Remegia, the sale of which was
evidenced by the joint affidavit of
confirmation of sale that Remegia and
her uncle purportedly executed before
the notary public in 1965. Aurelio then
filed a petition for the issuance of a new
owner’s duplicate copy of TCT No. T-
8502 because when they asked
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Remegia about it, she claimed it had
been lost. A petition for partial
cancellation of the said TCT was
granted and TCT No. 17993 was issued
in Aurelio’s name. They also allege that
they and their predecessors-in-interest
have been occupying the said property
since 1947, openly, publicly, adversely,
and continuously or for 41 years already.
ISSUE:
Who is the real owner of the subject lot?
RULING:
Remegia is the real owner. The trial
court correctly held that the CFI which
granted Aurelio’s petition for issuance of
new owner’s duplicate copy of TCT No.
8502 did not acquire jurisdiction. It has
been consistently held that when the
owner’s duplicate certificate of title has
not been lost, but is in fact in the
possession of another person, then the
reconstituted certificate is void,
because the court that rendered the
decision had no jurisdiction.
Consequently, the issuance of TCT No.
17993 is also void, emanating as it did
from the void TCT No. 8502 in Aurelio’s
name. The indefeasibility of a Torrens
title does not apply where fraud
attended the issuance of the title, such
as when it was based on void
documents.
6. REGISTRATION OF
TRANSACTION EVIDENCED BY
LOST DOCUMENT
• ROD is forbidden to affect
registration of lost or destroyed
documents
• Steps by interested parties:
1. Procure an authenticated
copy of lost or destroyed
instrument
2. Secure an order from court
OFFENSES IN LAND REGISTRATION:
1. Larceny
2. Perjury: false statement under
oath
3. Fraudulent procurement of
certificate
4. Forgery
a. Forging of seal in ROD,
name, signature or
handwriting of any officer of
court of ROD
 b. Fraudulent stamping or
assistance in stamping
c. Forging of handwriting,
signature of persons
authorized to sign
d. Use of any document which
an impression of the seal of
the ROD is forged

5. Fraudulent sale: sale of

mortgaged property under the
misrepresentation that it is not
encumbered; deceitful
disposition of property as free
from encumbrance

SYSTEM OF REGISTRATION FOR

UNREGISTERED LANDS

• System of registration for

unregistered land under the Torrens
System (Act 3344)
• Before: covers voluntary dealings
• Now: it includes involuntary
dealings
• Effect: if prospective, it 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 are also valid
if recorded
• ROD keeps day book and a
register, and an index system is
also kept
• Procedure:

1. Presentment of instrument
dealing in unregistered land
2. If found in order, register
3. If found defective, then
registration is refused writing
his reason for refusal

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References:
1. PARAS, Edgrado (2008). Civil
Code of the Philippines Annotated
2. SAN BEDA (2013). Memory Aid in
Civil Law
3. SEMPIO-DY, Alice V. (2004).
Succession in a Nutshell
4. PINEDA.(2009). Succession and
Prescription
5. TOLENTINO.(1992). Civil Code of
the Philippines.
6. JURADO. (2009), Comments and
Jurisprudence on Succession

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