LTD Procedure and Remedies

I. General Procedure and Requirements for original registration

(All must be complied otherwise title issued is illegal and may be
cancelled by the courts.)
A. Survey of the Lands by the Bureau of Lands a duly licensed
geodetic engineer. (Must be approved by the Director of Lands)
B. Filing of application for registration by the applicant (Look
at Sec. 15 for the contents)
- Application is endorsed to the MTC if there is no
controversy over the land or its value is less than Php 100,000
-If the land is situated between boundaries of two
provinces:
-If boundaries are defined- in the RTC of the
province where it is declared for taxation purposes
-If boundaries are not defined-separate surveys
and filed in separate province.
C. Setting of the date of the initial hearing of the application
by the court. It must not be earlier that 45 days nor later
than 90 days from the date of the order.
D. Transmittal of the application and the date of initial hearing
and the other documents/evidence to the LRA (LRA has a
division for original registration reconstitution)
E. Publication of a notice of the filing of application and date
and place of the hearing in the Official Gazette
1. Published once in the OG and once in a newspaper of general
circulation.
2. It must be made before the actual hearing otherwise court has
no jurisdiction over the property and the proceeding is void. If
title is subsequently issued, improper publication is a ground
for Petition for Review of Decree.
F. Service of notice upon contagious owners, occupants and
those known to have an interest in the property.
1. Modes of giving Notice: (Sec. 23 PD 1529)
a) Publication in OG and newspaper of general circulation.
b) Posting in a conspicuous place on the bulletin board of
baranggay and OCC at least 14 days before the hearing.
c) Mailing by registered mail to the persons indicated.
G. Filing of Answer (or Opposition) to the application by any
person whether named or not in the notice. (Sec. 25)
1. If no one appears move for General Default.
Just Remember that Default not declared against the state.

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 If someone appears default shall be declared as to the others
who did not appear. (Sec. 26)

Effects of Default:
Applicant has the right to present evidence ex parte
As to the others they have no legal standing in court, they are
entitled to further notices but not to participate.

Remedy against Default:

Before Judgment-Motion to set aside Default order on the
ground of FAME and his meritorious claim.
After Judgment but before it becomes final and executory-
Motion for New Trial (Ground FAME)/Appeal
If judgment has become final and executory - Petition for
Relief (ground: FAME)
If the period for Petition for Relief has lapsed (6 months)
and there is already a decree issued by the LRA-Petition to
Reopen and Review decree of registration (Sec. 32 PD 1529)
Ground is Actual Fraud; must be filed before 1 year after entry
of decree
If it has become indefeasible (after one year)
-Action for Reconveyance
-Damages-if transferred to a purchaser for value and good faith,
file it against the person who perpetuated the fraud
-Claim against Assurance Fund
-Cancel or nullify title to land (public land or lack of jurisdiction)
H. Hearing of the case by the court
1. Judge may refer the case to a commissioner/referee for the
reception of evidence. (Usually done if there is no opposition)

I. Promulgation of Judgment
-Partial Judgment may be granted when there is a portion which
is not contested and that portion is shown in a subdivision plan
duly approved by the Director of Lands (Sec. 29) as to the
contested portion trial continues.
-Order of dismissal without prejudice if there is insufficient
evidence (Remedy: MR if not yet final and executory; Refile if
final and executory, no need for republication if there is no
change in size of the land or change in size is minimal)

J. Issuance of the decree by the court declaring the decision

final and instructing the LRA to issue a decree of
confirmation/registration

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 K. Entry of the decree of registration in the LRA. (Contents: Sec.
31)
1. Effects:
a) It binds the land and quiets title thereto subject to the
exception as provided by law.
b) Take note of the deferred indefeasibility rule

L. Sending of copy of the decree to the corresponding Register

of Deeds
M. Transcription of the decree of registration in the registration
book and issuance of the owner’s duplicate original
certificate of title to the applicant by the Register of Deeds,
upon payment of the prescribed fees.

II. Who may apply: (Sec. 14)

14 (1) Those who by themselves or 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 ownership since June 12, 1945
or earlier.

Open- When it is patent, visible, apparent, notorious and not

clandestine
Continous- Uninterupted, unbroken and not intermittent or
occasional
Exclusive- when the adverse possessor can show exclusive dominion
over the land and an appropriation of it to his own use and benefit
Notorius- when it is so conspicuous that it is generally known and
talked of by the public or the people in the neighbourhood. 1

Rep. vs. Naguiat G.R. No. 144057, January 17, 2005

Facts:

Naguit filed a petition for registration of title of a parcel of land situated

in Aklan. The application seeks judicial confirmation of Naguit’s
imperfect title over the aforesaid land. The public prosecutor, appearing
for the government, and Jose Angeles, representing the heirs of Rustico
Angeles, opposed the petition.

The subject parcel of land was originally declared for taxation purposes
in the name of a certain Urbano in 1945. Urbano sold the land to

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Rep. vs. Eastsilverlane Realty GR. No. 186961, Feb. 20, 2012
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Maming sometime in 1955. Subsequently, Maming heirs sold the lot to
Naguiat who started occupying the land openly and in the concept of
owner without any objection from any private person or even the
government until she filed her application for registration.

Court rendered a decision ordering that the title thereto registered and
confirmed in the name of Naguit. The RTC and CA affirmed the MCTC
decision.

ISSUE: WON it is necessary under Section 14(1) of the Property

Registration Decree that the subject land be first classified as alienable
and disposable before the applicant’s possession under a bona fide
claim of ownership could even start.

HELD: No. Section 14(1) merely requires the property sought to be

registered as already alienable and disposable at the time the
application for registration of title is filed. If the State, at the time
the application is made, has not yet deemed it proper to release the
property for alienation or disposition, the presumption is that the
government is still reserving the right to utilize the property; hence, the
need to preserve its ownership in the State irrespective of the length of
adverse possession even if in good faith. However, if the property has
already been classified as alienable and disposable, as it is in this case,
then there is already an intention on the part of the State to abdicate
its exclusive prerogative over the property.

Notably, possession since 1945 was established through proof of the

existence of 50 to 60-year old trees at the time Naguit purchased the
property as well as tax declarations executed by Urbano in 1945.
Although tax declarations and realty tax payment of property are
not conclusive evidence of ownership, nevertheless, they are good
indicia of the possession in the concept of owner for no one in his
right mind would be paying taxes for a property that is not in his
actual or at least constructive possession. They constitute at least
proof that the holder has a claim of title over the property. Such an act
strengthens one’s bona fide claim of acquisition of ownership.
Considering that the possession of the subject parcel of land by the
respondent can be traced back to that of her predecessors-in-interest
which commenced since 1945 or for almost fifty (50) years, it is without
doubt that she has acquired title thereto which may be properly
brought under the operation of the Torrens system. That she has been
in possession of the land in the concept of an owner, open, continuous,
peaceful and without any opposition from any private person and the

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government itself makes her right thereto undoubtedly settled and
deserving of protection under the law.

14(2) Those who have acquired ownership of private land through

prescription

You have to relate this with Article 1137 of the Civil Code which
provides that “ownership and other real rights over immovables also
prescribe through uninterrupted adverse possession thereof for thirty
years, without need of title or of good faith.” It must be noted that while
Article 1137 of the Civil Code speaks of “ownership and other real rights
over immovables,” Section 14(2) of P.D. 1529 relates to the acquisition
of “ownership of private lands by prescription under existing laws.”

Therefore, it is not ownership of any kind of “immovable” acquired by

prescription that may be registered under said Decree, but only the
ownership of private lands. An example would be those lands
registered under the Spanish Mortgage Law which are not yet covered
by a certificate of title by the time of the issuance of P.D. 1529 on June
11, 1978 and considered as unregistered land. Those lands may be
deemed as falling under Section 14(2) of P.D. 1529 in relation to Article
1137 of the Civil Code, when acquired by a person by prescription by
adverse possession against the original grantee.

In the computation of the 30-year period, Article 1138 of the Civil

Code also provides the following rules:

(a) The present possessor may complete the period by tacking his
possession to that of his grantor or predecessor-in-interest; (tacking of
possession)

(b) The present possessor who was also the possessor at a previous
time, is presumed to have continued to be in possession during the
intervening time in the absence of proof to the contrary; and
(presumption of possession)

(c) The first day shall be excluded and the last day included.

14(3) Accession or Accretion

Article 457 of the Civil Code provides that “to the owners of lands
adjoining the banks of rivers belong the accretion which they gradually
receive from the effects of the currents of the waters.”

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For accretion or alluvion to be registrable, the following requisites of
Article 457 must be all present: (1) that the deposit be gradual and
imperceptible (sudden and forceful action like that of flooding not
included); (2) that it be made through the effects of the current of
the water (not man made); (3) that the land where accretion takes place
is adjacent to the banks of rivers.

But Take Note: An accretion from river to registered land does not
automatically become registered land. As such it must be placed under
the operations of the Torrens system. A petition then for registration of
the accretion is in effect a request for confirmation of title already
vested in the riparian owner by the law.

14(4) Those who have acquired ownership of land in any other

matter provided by law. Ex. Will, Sale etc.

A. Person/s claiming singly or collectively, to own the legal estate

in fee simple

Ownership of a particular parcel of land may rest singly in one person

or collectively in two or more persons. If singly, there may not be any
problem; but if collectively, the difficulty may arise when joining them
together for the purpose of filing a joint application. A parcel of land
jointly owned by two or more individuals cannot be object of
partial registration with respect to one co-owner, to the exclusion
of the others. So then, if the co-owners cannot come together for one
reason or another, the remedy is to split the land by subdivision,
assigning to each of them his corresponding share. This done, anyone
of them may file a separate application for registration. Thus, where
applicants own merely an undivided share less than fee simple in
the land described in the application, the application should be
dismissed without prejudice to the right of the various owners of
the undivided interests in the land jointly to present a new
application for registration. (Santiago vs. Cruz 19 Phil 145)

B. The Person/s claiming, singly or collectively, to have the power

of disposing the legal estate in fee simple
Refers to persons who are authorized to act jointly or severally for
and in behalf of a principal. (Agents or Trustors) but his power of
attorney must be attached to the application.
C. Minors or persons with disability , through their legally
appointed Guardians, but the person in whose behalf the

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application is made must be named as the applicant by the
Guardian.
The guardian referred to above is the one appointed by the court for
the estate of the minor or incompetent pursuant to the provisions
of Rule 93 of the Rules of Court.
It is to be noted, however, that under the provisions of Articles 320 and
326 of the new Civil Code the father, or in his absence the mother, is
the legal administrator of the property pertaining to the child under
parental authority, and considered also as the guardian of the child’s
property, subject to the duties and obligations of guardians under the
Rules of Court. In view of such legal innovation, it is submitted that an
administrator designated by law for the property of a minor child
may, without being judicially appointed as a guardian, apply for
registration in behalf of his ward.
D. Corporation, through an officer authorized by the vote of its
board of directors
There must be a Board Resolution to the effect that the Officer is
authorized to file the application.

Note that: Under the Constitution of the Philippines, no private lands

may be owned by a corporation or association by transfer or
assignment, unless at least sixty percent of its capital belongs to
Filipinos. Neither may a corporation be permitted to hold or own real
estate except such as may be reasonably necessary to enable it to carry
out the purposes for which it is created; and, if authorized to engage in
agriculture, such corporation is restricted to the ownership and control
of not to exceed 1,0234 hectares of land.

E. Corporation Sole may purchase and hold real estate

Corporation Sole A corporation sole is a special form of corporation
usually associated with the clergy. It was designed to facilitate the
exercise of the functions of ownership carried on by the clerics for
and on behalf of the church which was regarded as the property
owner. In the Philippine this is embodied in the provisions of Sections
154 and 155 of the Corporation Code.

A trustee on behalf of his principal may apply for original

registration of any land held in trust by him. A corporation sole is
organized and composed of a single individual, the head of any religious
society or church, for the administration of the temporalities of its
incorporation, is vested with the right to purchase and hold real estate
and personal property. It need not therefore be treated as an ordinary
private corporation because whether or not it be so treated such, the
Constitutional provision prohibiting private corporations from
acquiring public agricultural lands will not apply. (Republic vs. IAC G.R.
No. 75042, November 29, 1988)
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A corporation sole or “ordinary” is not the owner of the properties that
he may acquire but merely the administrator thereof and holds the
same in trust for the faithful or members of the society or church
for which the corporation is organized. Properties acquired by the
incumbent pass, by operation of law, upon his death not to his personal
heirs but to his successor in office. (Roman Catholic Apostolic
Administrator of Davao, Inc. vs. LRC G.R. No. L-8451, December 20,
1957)
F. An executor or an administrator appointed under the laws of the
Philippines on behalf of the estate of the deceased
But take note of the case of Dais vs. CFI of Capiz where it was held that
notwithstanding the appointment of a judicial administrator, the heirs
have a right to intervene when they believe the administrator’s acts are
prejudicial to their interests: and it cannot be said that the
administrator answers with his bond for any damage he may cause to
the interests of the estate, since such bond might not be sufficient to
cover said damages.
G. Tenant, Mortgagor, Seller in “pacto de retro” under certain
conditions.
Tenant A tenant is one who holds or possesses lands or tenements
by any kind of title, either in fee, for life, for years, or at will. In a
popular sense, he is one who has the temporary use and occupation of
lands or tenements which belong to another, the duration and other
terms of whose occupation are usually defined by an agreement called
lease, while the parties thereto are placed in the relation of landlord
and tenant.

When one or more tenants for a term of years file an application, the
legal requirement is that they must be joined by those claiming
reversionary interest in the property which makes up the fee simple at
common law, and, if such tenants own undivided shares less than a
fee simple in the whole land, they cannot apply without joining the
other tenants owning the rest of the undivided shares so that the whole
fee shall be represented in the proceeding.
Mortgagor In case of an owner who had previously mortgaged his
property, he cannot apply for registration of his title without the
written consent of the mortgagee. In case the mortgagee refuses
to give his consent, the application may be allowed provided that
the title be made subject to such mortgage, which shall be
specified in the decree of registration.
Vendor a Retro With respect to the right of the vendor in a sale under
pacto de retro to apply for registration, it was held that he may apply
for the registration of his right over the property sold; but, for this
purpose, he must previously obtain the written consent of the
purchaser, and if the latter refuses to give it, he must set forth in
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his application the sale with right of repurchase, in order that the
same may likewise be recorded in the decree of registration.
Who may not apply:
1.Public Land Applicant with respect to the land covered by his
application.
Why?
By applying for the land he acknowledged that he is not the owner of
the land and it is Public land owned by the state. (Palawan Agricultural
and Industrial Co. vs. Director of Lands, G.R. No. L-25914, March 21,
1972)
2. Antichretic Creditor (Ramirez vs. CA, G.R. No. 117247, April 12,
1996)
Why?
His possession is not in the concept of an owner, he is merely a pledgee
to the property. His right is merely to apply the fruits of the land to
the interest and then to the principal amount of the loan.
3. Mortgagee (Reyes vs. Sierra, G.R. No. L-28658, October 18, 1979)
Why?
It is Pactum Commisorium (automatic transmittal of ownership over
mortgaged property) which is against public policy.
4. A person whose claim of ownership has been previously denied
in a reinvindicatory action (Kidpalos vs. Baguio Mining Gr No. L-
19940, August 14, 1965)

III. Subsequent Registration

1. Meaning
It takes place when a deed or instrument affecting land is made
of public record after the date of its original registration. Thus, the
registration of a sale, mortgage, lease, attachment, notice of levy or
other encumbrances falls within the purview of subsequent
registration.

2. Kinds
a. Voluntary
Contracts or agreements which are wilfully executed by the land
owner or his duly authorized representatives. Ex. Sale, Lease,
Mortgage, Donation, Exchanges, Trust or variations thereof affecting
real estate.
b. Involuntary
Those executed against the will or without the consent of the
landowner such as attachments, levy on execution, adverse claims, lis
penden and other liens.

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3. Registration of Voluntary Dealings and Transactions in land

A. Compliance with the essential requisites of a contract

Consent - meeting of the minds;
Object Certain - subject of the contract; within the commerce of man
and lawful; and
Cause - consideration; prestation, services, benefits, pure beneficence
or liberality.
B.Observance of the “Formal requirements” of a public
instrument
When the law requires that some contracts be in some form in order
for it to be valid or enforceable, i.e. must be in writing (agreements in
marriage, lease of more than one year, agency to sell real property,
donations inter-vivos, etc.)
The contract must be executed in the form of a public instrument;
Signed by the person/s executing the same;
In the presence of two witnesses who shall likewise sign and
acknowledge to be their free act and deed of the parties;
Before a notary public or other public officer authorized by law to
take acknowledgement. Documents executed in a foreign country
should be acknowledged before a Philippine diplomatic or consular
official. If acknowledged before a foreign notary public, it should be
authenticated by the Philippine diplomatic or consular official before it
can be registered.
All pages of the deed must be signed.
The documents presented shall contain the full name, nationality,
residence and postal address of the grantee or other person acquiring
or claiming interest; and
Must state marital status and name of wife/husband if married.
C. Submission of supporting documents for certain
transactions before registration as provided by special laws
Certified true copy of the Tax Declaration in transaction involving
transfer of ownership;

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Certificate Authorizing Registration (CAR) or Certificate of
Exemption from the BIR in case of sale, exchange or other disposition
of real property;
Certification from the BIR that the documentary stamp tax has been
paid;
Certification from the LGU Treasurer that the property is not
delinquent in the payment of real estate taxes in case of alienation,
transfer or encumbrance of real property (Sec. 209, RA 7160,
LGC1991);
Certification for the LGU Treasurer that the land transfer tax due on
the transaction has been paid in case of sale, donation, barter or any
other mode of transferring ownership or title of real property (Sec. 135,
LGC 1991);
Clearance from Department of Agrarian Reform and Affidavit of
Total Landholdings by the vendee in case of sale of agricultural
lands;
An Order fro the DAR Regional Director approving the sale in case the
property sold is covered by an Emancipation Patent;
Duly approved subdivision plan and its corresponding Technical
Description where the property to be titled by virtue of the transaction
is a resulting lot of a subdivision;
Special Power of Attorney - if the transaction is through an agent;
Court Order - if made through a guardians or administrators; and
For Corporations - Secretary’ Certificate or a copy of the Board
Resolution authorizing the transaction (sale, purchase, exchange)
designating the officer authorize to sign the deed.
D. Performance of the jurisdictional requisites for
registration
a. Entry of the document in the primary entry book;
b. Payment of entry and registration fees; and
c. Production of the owner’s duplicate of title
4. Procedure in Voluntary Transactions
1.Entry of the document in the primary entry or day book,
accompanied by all supporting documents applicable to the

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transaction; All supporting documents applicable to the transaction
should also be submitted together with the basic instruments.
Section 56 of PD 1529 require each register of deeds to keep a primary
entry book where all instruments relating to registered land shall be
entered in the order of their reception. Entry in the day book is the
preliminary step in registration. The annotation of memorandum
or the issuance of a new certificate of title is the final step to
accomplish registration. While the preliminary step and the final step
may not be accomplished in the same day, this however, is of no
consequence because if actual registration is accomplished its effect
retroacts to the date of entry in the day book. Thus, it has been held
that when a sale is registered in the name of the purchaser registration
takes effect on the date when the deed was noted in the entry book and
not when final registration was accomplished.
To be noted in this book is the date, hour and minute of reception of
all instrument in the order they were received.
2. Payment of the entry and registration fee - Upon entry of the
document, the corresponding entry and registration fees should be
paid. In default of payment, the entry in the primary entry book will
ipso-facto become null and void.
3. Surrender of the owner’s duplicate certificate and all co-owner’s
duplicate if any had been issued.
No voluntary instrument shall be registered by the registry of deeds,
unless the owner’s duplicate certificate is presented with such
instruments,
Exception in cases expressly provided for in PD 1529 or upon order of
the court, for cause shown.
If co-owner’s duplicate certificates has been issued, all outstanding
certificates so issued shall be surrendered whenever the register of
deeds shall register any subsequent voluntary transaction affecting the
whole land or part thereof or any interest therein
4. Examination of the document, certificate of title and supporting
papers by the “deeds examiner”.
Registrability of an instrument is initially determined by the deeds
examiner of the registry. If the document is found to comply with all
requirements the examiner recommends its registration to the register
of deeds. Otherwise, he recommends denial of registration.

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The deeds examiner, on his own, is generally not allowed to register or
deny registration.
5. Review by the Register of Deeds of the action taken by the
“deeds examiner”.
The authority to register or deny registration being lodge with the
register of deeds, he is required to review the action taken by the deeds
examiner.
He may either adopt, alter, modify or reverse such action depending
upon his own appraisal of registrability of the instrument filed for
registration.
6. Registration of the document or denial of registration by the
register of deeds.
If the register of deeds finds that the document presented complies with
all the requisites for registration, it is his duty to immediately register
the same.
If the instrument is not registrable, he shall forthwith deny registration
thereof and inform the presentor of such denial in writing, stating the
ground or reason therefor, and advising him of his right to appeal by
consulta in accordance with Section 117 of P.D. 1529
Where the documents conveys the simple title, such as in sales,
donations, barter and other conveyances, the register of deeds
shall make out in the registration book a new certificate of title to
the grantee and shall prepared and deliver to him as owner an
owner’s certificate, noting the original and owner’s duplicate
certificate the date of transfer, the volume and page of the registration
book in which the new certificate is registered and a reference by
number to the last preceding certificate. The original and owner’s
duplicate of the grantor’s certificate shall be stamped “cancelled”.
In case the instrument does not divest the ownership or title from
the owner or from the transferee of the registered owner, no new
certificate of title shall be issued. The instrument creating such
interests less than ownership shall be registered by a brief
memorandum thereof made by the register of deeds upon the
certificate of title and signed by him. The cancellation or
extinguishment of such interests shall be registered by a brief
memorandum thereof made the the register of deeds upon the
certificate of the title and signed by him. The cancellation or
extinguishment of such interests shall be registered in the same
manner. In case the conveyance affects only a portion of the land
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described in the certificate of title, no new certificate shall also be
issued until a plan of the land showing all the portions or lots into
which it has been subdivided and the corresponding technical
descriptions shall have been verified and approve. The instrument
shall only be registered by annotation on the grantor’s title and its
owner’s duplicate. Pending approval of the plan, no further
registration or annotation of any subsequent deed or other voluntary
instrument involving the unsegregated portion conveyed shall be
affected, except where such unsegregated portion was purchase from
the government or any of its instrumentalities.
Should there be subsisting encumbrance or annotation on the
grantor’s title, they shall be carried over and stated in the new
certificate of title except so far as they may be simultaneously
released or discharged.
5. Procedure in involuntary Transactions
Examples of Involuntary Transactions
a.Attachment and Execution
A juridical institution which has for its purpose to secure the outcome
of the trial; the chief purpose is to secure a contingent lien on
defendant’s property until plaintiff can, by appropriate proceedings,
obtain a judgment and have a property applied to its satisfaction or to
make some provision for unsecured debts in case where the means of
satisfaction thereof are liable to be removed beyond the jurisdiction or
improperly disposed of or concealed or otherwise placed beyond he
reach of creditors.
b.Preliminary Attachment - issued at the institution or the during the
progress of an action commanding the sheriff or other proper officer to
attach property rights, credits or effects of defendant to satisfy the

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demand of plaintiff; remember that it is an auxiliary remedy and cannot
have an independent existence apart form the main claim.
Grounds for preliminary attachment: Rule 57 Sec. Par. 3
c.Garnishment - attachment for credits belonging to the
judgement debtor and owing to him from a stranger to the
litigation; does not usually involve actual seizure of the property;
d.Levy on execution - is the attachment issued to enforce the writ of
execution of a judgment which has become final and executory.
Registration of Attachments and Execution
Statutory Provisions - Section 69 of PD 1529 and Section 7, Rule 57
of the Rules of Court
Documents to be Registered
Writ of Attachment or Execution;
Notice of Attachment or levy on the execution; and
Description of the Property;
Forms and Contents
The Notice of Attachment or levy on execution should contain a
reference to the number of the Certificate of Title, the volume and
page of the registration book where the certificate is registered

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and the name of the registered owner; not applicable in case of
unregistered land.
If the attachment is not claimed on all the land, a description
sufficiently accurate for the identification of the land or interest must
be made
Registration Procedure
1.Entry in the Day Book or Primary Entry Book;
2.Payment of entry and registration fee;
3.A memorandum of the attachment shall be made on the Original of
the Certificate of Title;
4.Indexing - the Register of deeds shall index attachments in the name
of the applicant, the adverse party, and the person by whom the
property is held or in whose name it stands in the records.
Effects of Registration
Notice of the attachment is a notice that the property is taken in the
custody of the law as security for the satisfaction of any
judgement;
Title can still be subject to subsequent transaction but subject to the
attachment lien
Remedies on the judgment in original registration

1. New Trial/Reconsideration

When to file: Within the period for taking an appeal (15 days from
notice of the judgment)

Grounds:
1.Fraud (extrinsic), accident, mistake, or excusable negligence
which ordinary prudence could not have guarded against by reason
of which such aggrieved party has probably been impaired in his rights
2.Newly discovered evidence which was not present during the
trial 3.Excessive damage awards
4.Evidence is insufficient to justify the decision
5.Decision is contrary to law.

Tip: Always file an MR prior to filing the appeal (in order to give the
court to correct its mistake, if any) unless your ground is for certiorari

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(grave abuse of discretion amounting to lack or in excess of jurisdiction)
and there is no plain and speedy remedy.

Effect: Interrupt the running of the period of appeal

2. Appeal

When to file: 15 days from notice of judgment or final order; 30 days

if record on appeal

Perfection:
Notice of Appeal-upon filing of the notice of appeal and payment
of the appeal fee
Record on appeal-upon approval of the record of appeal made in
due time.

3. Relief from Judgment

When to file: 60 days from notice of judgment and not more than 6
months from its entry

Ground:
Relief from Judgment: Accident,Mistake Excusable negligence
Denial of Appeal: FAME

4.Review of Decree of Registration/Reopening the proceedings for

Registration (Effect of doctrine of deferred registration)

When filed: within 1 year from the issuance of the decree of registration

Ground: Extrinsic fraud

Note: property has not yet passed to an innocent purchaser for value

If already in the hands of an innocent purchaser for value remedy is

damages/assurance fund

5.Annulment of Judgment of Registration

When to file: If the ordinary remedies of new trial, appeal or relief of

judgment is already lost or is not anymore available through no fault
of the petitioner;

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Filed within 4 years if ground is extrinsic fraud, if ground is lack of
jurisdiction file it before it is barred by laches or estoppel.

Where to file: CA

Grounds: Extrinsic fraud, Lack of Jurisdiction (other remedy: Rule 65

Certiorari) Denial of due process

Effects: Judgment is set aside if ground is lack of jurisdiction or denial

of due process

If ground is extrinsic fraud: CA may order retrial by the RTC as if a

timely motion for new trial had been granted

6. Actions after Original Registration

A. Reconveyance

Action for Reconveyance

Nature of Reconveyance: A legal and equitable remedy granted to the
rightful land owner of land which has been wrongfully or
erroneously registered in the name of another for purpose of
compelling the latter to transfer or reconvey the land to him.
Take Note: It may be filed even after the lapse of one year from the
entry of the decree of registration as long as the property has not
been conveyed to an innocent purchaser for value.
It does not aim to reopen the registration proceedings and set aside the
decree of registration, its purpose is to show that the person who
secured the registration thereof is not the real owner thereof. It
respect the decree as incontrovertible but it seeks to transfer or
reconvey the land from the registered owner to the rightful owner.
(Esconde vs. Barlongay, G.R. No. L-67583, July 31, 2016)
A person who has been wrongfully or fraudulently deprived of his real
property or interest therein may file an action for reconveyance of said
property against the person who perpetuated the fraud.
Instances/Grounds: mistake, fraud, forgery, breach of trust,
misrepresentation, illegality, lack of marital consent, erroneous
inclusion of the land, registration in bad faith, double titles, double
sales, exclusion of co-heirs, expanded areas, equity, re issuable

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contracts, voidable contracts, up enforceable contracts, void and
in existent contracts.
Effect - it operates as an implied trust under Article 1456 of the Civil Commented [1]:
Person obtaining it through fraud is by force of law a
Code. Thus, it must be enforced within 10 years from the time the trustee of an implied trust.
adverse title was set up since an action to enforce an implied trust is
an action based upon an obligation created by law. (Villagonzago vs
IAC, GR No. 71110 November 22, 1988)

Prescription of Action for Reconveyance

Fraud: 10 years from discovery of the fraud

Implied or Constructive Trust: 10 years from the date of issuance of
the OCT/TCT (if not in possession) Imprescriptible if in possession
Express Trust: Imprescriptible
Void Contract: Imprescriptible
Fictitious Deed: Imprescriptible

B. Queiting of title (Art. 476 to 481) (Rule 63 Declaratory Relief)

When to file: When there is any cloud, doubt or uncertainty affecting

titles to real property as a result of any instrument, record, claim,
encumbrance or proceedings which is apparently valid or effective but
is in truth and in fact invalid, ineffective or unenforceable, and may be
prejudicial to said title.

It is a proceeding Quasi In Rem i.e a specific individual is named a

defendant and the purpose of the proceeding is to subject his interests
to the obligation or loan burdening the property.

Duty of Court: To determine the respective rights of the

complainant and the other claimants to place things in their
proper place and to make the one who has no rights to the said
immovable respect and not disturb the other. (In short: Labasan na
ng alas ito)

Who may file: Legal or Equitable owner/title holder

Usual grounds in land registration cases:

1. A person whose purchase of land is evidenced only by a private

instrument.

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2. Although title has been transferred and petitioners refused to accept
the tender of payment.

3. When one is disturbed in any form in his rights over an immovable

by unfound claims of others.

Period to file: No prescription but remember laches

C. Cancellation of Title

When to file: Usual remedy whenever 2 titles have been issued to

different persons for the same land.

Scenario:

Where 2 certificates of title are issued to different persons covering the

same land in whole or in part, the earlier in date must prevail as
between the original parties.

In case of successive registration where more than once certificate

is issued over the land, the person holding under the prior
certificate is entitled to the land as against the person who relies
on the second certificate.

Who files:
General Rule: private party
Except:
If discovered by the government, the OSG as they have the personality
to protect public interest, preserve the integrity of the torrens system
and safeguard the assurance fund.

Period to File: No prescription but subject to laches

D. Amendment of Title (Sec. 108)

Rule: RD has no authority to make changes to a certificate except upon
orders of the court.

Grounds for Amendment:

1. Registered interest of any description whether vested, inchoate,
expectant, which appears on the title has seized or terminated.
2. New interest not appearing on the title has arisen.
3. Error/Omission was made on the certificate or memorandum
thereon or in its duplicate, or the name of any person has changed.

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4. Registered owner has married or marriage dissolved and no rights
or interests of heirs or creditors will be affected.
5. The corporation which registered the land has been dissolved and
the land has not yet been conveyed within 3 years after its
dissolution.
6. Other reasonable grounds.

Court Action:
1. Order the entry or cancellation of a new certificate.
2. Order the entry or cancellation of a memorandum thereon.
3. Other reliefs, with bond if necessary.

E. Reissuance of lost “owners duplicate” title (Sec. 109)

(Bilog terms it as Reconstitution)

Where filed: RTC where the land is situated

Purpose of the Petition: To have the same reproduced in the same form
they where when they were lost or destroyed.

Publication is not required under the law (Sec. 109) and Gocheco vs.
Estacio 6 SCRA 278 but in practice the court requires publication
Neither is notice to Solgen required not like in original and cadastral
registration. Again in practice play safe and courts and nagsesend pa
din sila.

F. Reconstitution of lost original title (Sec. 110)

Purpose: To have the title reproduced after proper proceedings in the

same form they were when the loss or destruction occurred. (Sera Serra
vs. CA 195 SCRA 482)

General Rule: Judicial Reconstitution (Use R.A. 26)

Exception: Administrative Reconstitution (Sec. 110 PD 1529) as

amended by RA 6732 where the LRA, upon the petition of the registered
owner and other interested parties to reconstitute the lost or destroyed
OCT by means of administrative reconstitution only in case of
substantial loss or destruction of land titles due to fire, flood or
other force majeure to be determined by the Administrator of the
LRA, provided that the number of certificates of titles lost or
damaged is at least 10% of the total in possession of the RD and
provided further that the lost or destroyed certificate of titles are
atleast 500 pieces.

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Judicial Reconstitution (R.A. 26)

Where filed: RTC of the place where the land is located

Publication: Publication of Notice of the initial hearing twice in OG,

Posting in municipal building at least 30 days before the hearing and
Mailing to person named or who has interest.

What do you prove: Petitioner is the registered owner or has interest

therein, the title was in force at the time of the loss/damage and
the description, area and boundaries of the property is
substantially the same as that contained in the lost/damaged title.
(sec. 15 RA 26)

Sources: Sec. 2 R.A. 26 OCT shall be reconstituted from the following

sources, in the following order:
(a) The owner's duplicate of the certificate of title; (Admin)
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate
of title; (Admin)
(c) A certified copy of the certificate of title, previously issued by the
register of deeds or by a legal custodian thereof; (Judicial)
(d) An authenticated copy of the decree of registration or patent, as the
case may be, pursuant to which the original certificate of title was
issued; (Judicial)
(e) A document, on file in the registry of deeds, by which the property,
the description of which is given in said document, is mortgaged, leased
or encumbered, or an authenticated copy of said document showing
that its original had been registered; (Judicial) and
(f) Any other document which, in the judgment of the court, is sufficient
and proper basis for reconstituting the lost or destroyed certificate of
title. (Judicial)

Sec. 3 R.A. 26 TCT shall be reconstituted from such of the sources

hereunder enumerated as may be available, in the following order:
(a) The owner's duplicate of the certificate of title; (Admin)
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate
of title; (Admin)
(c) A certified copy of the certificate of title, previously issued by the
register of deeds or by a legal custodian thereof; (Judicial)
(d) The deed of transfer or other document, on file in the registry of
deeds, containing the description of the property, or an authenticated
copy thereof, showing that its original had been registered, and
pursuant to which the lost or destroyed transfer certificate of title was
issued; (Judicial)
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(e) A document, on file in the registry of deeds, by which the property,
the description of which is given in said document, is mortgaged,
leased or encumbered, or an authenticated copy of said document
showing that its original had been registered; (Judicial) and
(f) Any other document which, in the judgment of the court, is
sufficient and proper basis for reconstituting the lost or destroyed
certificate of title. (Judicial)

Sec. 4 R.A. 26 Liens and other encumbrances affecting a destroyed

or lost certificate of title shall be reconstituted from such of the
sources hereunder enumerated as may be available, in the following
order:
(a) Annotations or memoranda appearing on the owner's co-owner's
mortgagee's or lessee's duplicate; (admin)
(b) Registered documents on file in the registry of deeds, or
authenticated copies thereof showing that the originals thereof had
been registered; (Judicial) and
(c) Any other document which, in the judgment of the court, is sufficient
and proper basis for reconstituting the liens or encumbrances affecting
the property covered by the lost or destroyed certificate of title.
(Judicial)

Administrative Reconstitution

Sec. 2 RA 6732 apply this if for single titles

Petitions for Reconstitution from sources from 2(a) (Owners Duplicate)
and 2(B) (Co-Owner’s, Mortgagee, Lessee’s Duplicate Certificate) in case
of OCT and from sources from 3(a) (Owners Duplicate) and 3(B) (Co-
Owner’s, Mortgagee, Lessee’s Duplicate Certificate) in case of TCT may
file the petition with the RD together with an affidavit stating that:

1. No Deed or other instrument is presented for registration or if there

be any the status of the case.
2. The owners duplicate/co-owners duplicate is in due form without
any apparent or intentional alteration.
3. The Certificate of title is not the subject of any
litigation/investigation regarding genuineness or due execution of
the issuance.
4. The Certificate of Title was in full force and effect at the time it was
lost or destroyed.
5. The Certificate of Title is covered by a tax declaration regularly
issued by the assessor
6. The Real Estate Tax have been fully paid up to at least 2 years prior
to the filing of the petition for reconstitution.
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Otherwise file with the LRA, upon the petition of the registered owner
and other interested parties to reconstitute the lost or destroyed OCT
by means of administrative reconstitution only in case of substantial
loss or destruction of land titles due to fire, flood or other force
majeure to be determined by the Administrator of the LRA,
provided that the number of certificates of titles lost or damaged is
at least 10% of the total in possession of the RD and provided
further that the lost or destroyed certificate of titles are atleast
500 pieces.

Sec. 18 and 19 RA 26 If old title was found after the granting of the
reconstitution:
1. Both titles in the same name, the old title prevails and the
annotations made in the reconstituted title shall be cancelled. (Sec.
18)
2. If not in the same name, refer back to court for cancellation. (Sec.
19)

G. Adverse Claims (Sec. 70)

Notice of any claim adverse to that of the registered owner, the validity
of which is yet to be established in court at some future date. The claim
must affect the title or be adverse to the title of the registered owner.

Purpose of Registration:
1. To give notice to third parties that someone is claiming an interest
on the property. (Sajonas vs. CA 258 SCRA 79)
2. To protect the interest of a person over a piece of land when
registration of such interest is not provided by the land registration
act. (Sajonas vs. CA)
3. To preserve the right of an adverse claimant during the pendency of
the controversy. (Arrazola vs. Bernas 86 SCRA 279)
4. To give notice that any transaction covering the land is subject to
the outcome of the dispute. (Arrazola vs. Bernas)

Examples of Adverse Claims:

1. Deed of Sale but Owner’s Duplicate is not presented. (Junio vs.
Delos Santos 132 SCRA 209)
2. Contract of Lease but Owner’s Duplicate is not presented. (Arrazola
vs. Bernas)
3. Claims of Heirs pending probate. (Arrazola vs. Bernas)
4. Affidavit of Adjudication as Sole Heir. (Vda. de Pama vs. Pama 124
SCRA 377)
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Samples of Denied Adverse Claims:
1. Failure to comply with the formal requisites such as failure to state
where their claim was coming from. (Lozano vs. Ballesteros 195
SCRA 681)
2. Claim prior to the original registration of land. (Delos Reyes vs.
Delos Reyes (91 Phil 528)
3. Claim is a mere money claim. (Sanchez Jr. vs. CA)

A notice of adverse claim remains subsisting even beyond the 30 day

period provided by Sec. 70, a cancellation is still necessary to make it
ineffective. (Sajonas vs. CA)

Its automatic cancellation by the RD is ineffective (Diaz-Duarte vs. Ong

298 SCRA 388)

Whether or not the adverse claim is frivolous or not is for the court to
determine not the LRA. (Gabriel vs. RD of Rizal 9 SCRA 136)

H. Lis Pendens (Sec. 76) (Sec. 113 Unregistered lands)

Requisite: An action affecting title to land or the right to possession

thereof must already have been filed in court. (Action in personam ex.
collection, etc. is not proper for lis pendens, only actions which binds
the land.)

It must be registered otherwise it shall not be binding on third persons.

Similarity with Adverse Claim: Both are intended to protect the rights
of the claimant, to give notice and caution to those dealing with the
property that it is subject to a claim. And any buyer cannot invoke that
he is a buyer in good faith.

Difference from adverse claim: Lis pendens may be cancelled even

before the termination of the case (ex. prolonged proceedings, or the
plaintiff has no evidence to support the allegations in the complaint).
An adverse claim may be cancelled only after the termination of the
case. An adverse claim is more permanent and cancelled only after
hearing and proper disposition of the claim. Also, an adverse claim may
be filed before the institution of a court action.

When registered: upon its entry in the primary registry book or day
book.

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Effects when registered: It is a notice to all persons, no purchaser
may claim to be a purchaser in good faith and he steps into the shoes
of his transferor pending the outcome of the action. It also binds third
person relying thereto.

Effects if not registered: Innocent purchaser for value is protected

and consequently he acquires clean and valid title to the property. (AFP
Mutual Benefits Assoc. vs. CA 327 SCRA 203)

Cancellation: (Sec. 14 Rule 13 Rules of Court) Through Motion with

notice and hearing.

Grounds for cancellation:

1. The annotation was for molesting the title of the adverse party.
(Romero vs. G.R. No. 142406 May 16, 2005) (Sec. 14 Rule 13 Rules
of Court)
2. The annotation is not necessary to protect the rights, interest or title
of the party who caused the annotation. (Tan vs. Lantin G.R. No. L-
28526 142 SCRA 423) (Sec. 14 Rule 13 Rules of Court)
3. Peculiar circumstances: Unnecessary Delay in the trial (Baranda vs.
Gustillo 165 SCRA 757)
4. Peculiar circumstances: evidence presented does not bear out the
main allegations of the complaint. (Baranda vs. Gustillo 165 SCRA
757)
5. Final Judgment dismissing the case which is the basis of the lis
pendens. (Fernandez vs. CA. 343 SCRA 184)

I. Consulta (Sec. 117)

It is an appeal by an interested party from an order denying registration

by the RD to the Administrator of the LRA, or whenever the RD is in
doubt as to a proper step to be taken whenever a document is presented
to him for registration.

Procedure: RD denies, notifies party of denial and reason and informs

party that he may elevate the matter to LRA, annotate it in title
(cancelled by RD moto proprio after resolution and finality of appeal)

Remedy after appeal to LRA: Appeal to CA.

Take note that a consulate is not a notice to third person that someone
is claiming an interest against the registered owner. It is a mere
statement of an appeal to the LRA. If the question is with regard to the

26
issuance of a decree the RD must refer it back to court and not the
LRA.

J. Action against the Assurance Fund (Sec. 93)

Action for damages first, if defendant is insolvent an action against the

national treasurer may be filed for recovery of damages against the
Assurance Fund. (Eduarte vs. CA 253 SCRA 391)

Damages: Person who actually caused the loss (private individuals

only)
Assurance Fund: RD, Treasurer and that private person

Who may bring action?

Registered owner, innocent purchaser for value

Elements:
1. No negligence on his part
2. He suffered losses as a consequence of bringing the land under the
operation of the Torrens System or arising after original registration
of land through Fraud or Error, Omission, Mistake or
Misdescription in any certificate of title.
3. He is barred or otherwise precluded by any law from bringing an
action to recover such land or interest therein.

Satisfaction of Judgment:
1. Private Person
2. Assurance Fund
3. National Treasury

After payment the government shall be subrogated to the right of the

plaintiff.

Action must be filed within six years from the time the right to bring
action occurs i.e from the time of loss

K. Splitting or Consolidation of Title (Sec. 49)

A Registered Owner of distinct parcels of Land covered by one certificate

of title may request the RD to issue separate certificates covering each
distinct parcels.

or
27
A Registered owner of several distinct parcels of land covered by
separate certificates may also request in writing for a certificate for the
whole land.

Owners Duplicate must be surrendered for cancellation.

Filed with the RD.

L. Subdivision and Consolidation Plans (Sec. 50)

Land must not fall under the definition of a subdivision project under
PD 957 (for residential purposes and offered to the public for sale in
cash or on instalment terms)

Registered owner must submit the following:

1. Subdivision Plan of the land approved by the LMB.
2. Approved Technical description and
3. Owners Duplicate Certificate of Title

If only a portion of the land is conveyed the RD shall not issue a new
certificate unless a plan into which the land has been subdivided is
also submitted. In the meantime, the Deed of Conveyance shall be
annotated in the title to serve notice that a portion has already been
conveyed.

M. Reversion - restoration of public land fraudulently awarded or

disposed of to the mass of the public domain

Section 101 of the Public Land Act in relation to Section 35, Chapter
XII, Title III of the Administrative Code of 1987 (EO No. 292);

Action for reversion is instituted by the Solicitor General.

Action is imprescriptible

Grounds:

Violation of the Constitution, disposition of inalienable land

Falsehood in the application for a patent

Section 91 of the PLA

28
Director of Lands may investigate even if the patent is already
registered and indefeasible (Republic v. De Guzman, 326 SCRA 267)

29