LAND TITLES AND DEEDS

PROPERTY REGISTRATION DECREE

PD 1529

FALSE 1. The Court must within 15 days from the filing of application, shall issue an order
setting the date and hour of the initial hearing which shall not be earlier than 45
days not later than 90 days from the date of the order.

FALSE. The court must within 5 days...

TRUE 2. Notice by means of publication, mailing and posting is ministerial

TRUE 3. The purpose of publication is to apprise the whole world of the pending
registration case so that they may assert their rights or interests in the land, if any,
and oppose the application, if so minded

FALSE 4. Upon receipt of the order of the court setting the case for initial hearing, the
Registry of Deeds shall cause the notice to be published once in the official Gazette
and once in a newspaper of general circulation

FALSE. The Commissioner of Land Registration shall cause the notice to be published

FALSE 5. The publication in the official gazette dispense with the requirement of notice by
mailing and posting

FALSE. Does NOT dispense

FALSE 6. Land registration is a proceeding in personam and jurisdiction cannot be

acquired unless there be constructive seizure of the land through publication and
service of notice
FALSE. Land registration is a proceeding in rem and jurisdiction in rem cannot be
acquired unless there be constructive seizure of the land through publication and
service of notice

FALSE 7. within 7 days after publication in the OG of the notice of initial hearing, the
Register of Deeds shall cause a copy of the notice to be mailed to every person
named in the notice whose address is known

FALSE. The Commissioner of Land Registration shall cause a copy of the notice of
initial hearing to be mailed to every person named in the notice whose address is
known.

TRUE 8. Within 14 days before the initial hearing the LRA administrator shall cause a
duly attested copy of notice to be posted by the sheriff in a conspicuous place on
the land applied for and also in conspicuous place on the bulletin board of the
municipality or city in which the land is situated.

FALSE 9. Pursuant to the Regalian Doctrine, all lands of the public domain and all other
natural resources are owned by the state, hence it is the burden of the oppositor to
overthrow the presumption that the land is public land by well nigh inconvertible
proof and that he is entitled to registration under the law.

FALSE. Burden by the applicant

FALSE 10. failure to appear on the day of initial hearing is a ground for default where
opposition or answer has been filed.

FALSE. Not a ground

TRUE 11. an order of default is interlocutory in character, subject to the control of the
court and may be modified and amended as the court may deem proper at any time
prior to the rendition of the final judgment

FALSE 12.Party declared in default loses his standing in court but can appear in court, be
heard or be entitled to notice

FALSE. He cannot appear in court

FALSE 13. The trial court shall see to it that all registration proceedings are disposed or
within thirty days from the date the case is submitted for decision

FALSE. Within ninety days

FALSE 14. Order of general default is entered if a person appears and answers within the
time allowed by law

FALSE. If no person appears

TRUE 15. by description in the notice “to whom it may concern” all the world are made
parties defendant and shall be concluded by the default order

FALSE 16. in a case where only a portion of the land subject of registration is contested,
the court may render judgment provided that a subdivision plan showing the
contested and uncontested portions approved by the Director of Lands is
previously submitted to said court

FALSE. Partial Judgment

FALSE 17. the judgment rendered in a land registration proceedings becomes final upon
the expiration of fifteen days to be counted from the data of receipt of notice of the
judgment

FALSE. The judgment rendered in a land registration proceedings becomes final upon
the expiration of thirty days to be counted from the data of receipt of notice of the
judgment

FALSE 18. Court retains jurisdiction until after final entry of judgment

FALSE. Until final entry of DECREE

FALSE 19. upon the expiration of two years, the decree of registration and the certificate
of title issued shall become incontrovertible

FALSE. One year

FALSE 20. Appeal from judgment, etc. the judgment and orders of the court hearing the
land registration case are appealable only to the Supreme Court in the same
manner as in ordinary actions

FALSE. Appealable to the Court of Appeals or to the Supreme Court

TRUE 21. a petition for relief of judgment or from denial of appeal must be verified, filed
within 30 days after the petitioner learns of the judgment or order and not more
 than 6 months after such judgment or final order was entered or such proceeding
was taken

TRUE 22. with regard to issuance of free patent, the date of issuance of patent is
equivalent to the date of issuance of the decree of registration

FALSE 23. as a rule, he who asserts the status of a purchase in good faith and for value has
the burden of proving such assertion – can be discharged by the mere invocation of
the legal presumption of good faith

FALSE. CANNOT be discharged

FALSE 24. the Rule on Caveat Emptor requires that the purchase to be aware of the
supposed title of the vendor and one who buys without checking the vendor’s title
shall not take all the risks and losses consequent to such failure

FALSE. Shall take

FALSE 25. a person dealing with registered land has no right to rely upon the face of the
certificate of title and to dispense with the need of inquiring further except when
the party concerned has actual knowledge of the facts and circumstances that
would impel a reasonably cautious man to make an inquiry

FALSE. Has the right

FALSE 26. when innocent third persons relying on the correctness of the certificate
acquires rights over the property, the court can disregard such rights and order the
total cancellation of the certificate for that would impair public confidence in the
certificate

FALSE. The court CANNOT disregard

FALSE 27. a decree becomes incontrovertible after 3 years from the issuance of decree

FALSE. After 1 year

FALSE 28. action may be barred by res judicata if there is final judgment, court has no
competent jurisdiction and between the first and second causes of action there is
identity of parties, subject matter and causes of action

FALSE. Court has competent Jurisdiction

FALSE 29. State is always barred by prescription

FALSE. State is NOT barred by prescription

TRUE 30. Quieting of title is proper when there is an outstanding claim of encumbrance
which if valid would affect or impair the title of the owner of a particular estate, on
its face has that effect but can be shown by extrinsic proof to be invalid or
inapplicable to the estate in question

FALSE 31. a purchaser who has knowledge of defect of his vendors title can claim good
faith

FALSE. Cannot claim goodfaith

FALSE 32. Since it is the act of registration which transfers ownership of the land sold, it
has been held that a subsequent claimant can claim a better right over the land
which had been previously registered in the name of another
 FALSE. it has been held that a subsequent claimant cannot claim a better right over
the land which had been previously registered in the name of another.

FALSE 33. a notice of lis pendens does not serve as a warning to a prospective purchaser
or encumbrance that the particular is in litigation and that he should keep his
hands off the same, unless he intends to gamble on the results of the litigation

FALSE. ONLY A WARNING TO A PROSPECTIVE..

TRUE 34. No voluntary instrument shall be registered by the Register of Deeds, unless
the owner’s duplicate certificate is presented with such instrument, except in cases
expressly provided for in this Decree or upon order of the court for cause shown.

FALSE 35. The issuance of a TCT without the presentment of the owner’s duplicate is
warranted and cofers no right on the purchaser

FALSE. UNWARRANTED

TRUE 36. a forged deed may be the root of a valid title in the hands of a bona fide
purchaser or mortgagee

TRUE 37. The right or lien of an innocent mortgage for value upon the land mortgage
must be respected and protected, even if the mortgagor obtained his title through
fraud

TRUE 38. the general rule is that in case of 2 certificates of title purporting to include the
same land, the earlier in date prevails, whether the land comprised in the latter
certificate be wholly or only in part, comprised in the earlier certificate

TRUE 39. an owner who desires to convey the land covered by his title to another shall
execute the proper deed of conveyance, in proper form, and present the same,
together with the owner’s duplicate ccertificate to the Registry of Deeds from entry
and registration

TRUE 40. If at the time of any transfer, subsisting, encumbrance or annotations appear in
the registration book, they shall be carried over and stated in the new certificates,
except so far as they may be simultaneously released or discharged

FALSE 41. a mortgage or lease on registered land may not be discharged or cancelled by
means of an instrument executed by the mortgage or lessee in a form sufficient in
law, which shall be filed with the Register of Deeds who shall make the appropriate
memorandum upon the certificate of title

FALSE. May be discharged or cancelled

TRUE 42. Any lien annotated on the previous certificates o title which subsists should be
incorporated in or carried over to the new transfer certificate of title

FALSE 43. An adverse claim of ownership over a parcel of land registered under the
Torrens System based on prescription and adverse possession can be registered as
an adverse claim

FALSE. Cannot be registered

FALSE 44. The notations or memoranda at the back of the certificate are admissible as
proof of the contracts or documents to which they pertain
 FALSE. ARE’NT admissible as proof of the contracts or documents to which they
pertain

FALSE 45. The title becomes indefeasible and incontrovertible five years from its final
decree

FALSE. The title becomes indeafisible and incontrovertible one year from its final
decree

FALSE 46. the court shall issue within 45 days from the entry thereof, an order directing
the LRA administrator to issue the corresponding decree of registration and
certificate of title

FALSE. The court shall issue within 15 days from entry thereof

FALSE 47. applying for and obtaining adjudication and registration in the name of the co-
owner which he knows had not been allotted to him in the partition is not instance
of actual fraud

FALSE. ..is a specific instance of actual fraud

FALSE 48. An interlocutory order is an order that finally dispose of the case and ends the
court’s task of adjudicating

FALSE. INTERLOCUTORY—order that doesn't finally dispose of the case and also not
end the court’s task of adjudicating

TRUE 49. Writ of possession is a judgment confirming the title of the applicant and
ordering its registration in his name necessarily carried with it the delivery of the
possession which is an inherent element of the right of ownership

FALSE 50. Land Registration is a proceeding in personam and jurisdiction in personam

cannot be acquired unless there be constructive seizure of the land through
publication and service of notice

FALSE. Land registration is a proceeding in rem and jurisdiction in rem cannot be

acquired unless there be constructive seizure of the land through publication and
service of notice