LAND TITLES AND DEEDS PRELIM REVIEWER INTRODUCTION: Land Registration- is a judicial and administrative proceeding whereby a persons

claim of ownership over a particular land is confirmed and recognized so that such land and ownership thereof may be recorded in a public registry PURPOSES: 1. To issue a certificate of title to the owner [which shall be the best evidence of ownership] 2. To give every registered owner complete peace of mind 3. To relieve the land of unknown claims 4. To quiet title to land and to stop forever any question as to its legality 5. To avoid conflicts of title in and to real estate and to facilitate transactions 6. To guarantee the integrity of land titles and to protect their indefeasibility once the claim of ownership is established and recognized TORRENS SYTEM -Introduced by Sir Richard Torrens [1814-1884] -System of land registration in the Philippines Act No. 496 [Feb 1, 1903], amended by PD 1529 [June 11, 1978] otherwise known as Property Registration Decree PD 1529 is presently the governing law TWO KINDS OF LAND REGISTRATION: 1. Judicial Land Registration -is a proceeding where the application for the registration of land is filed in the court 2. Administrative Land Registration -is a proceeding where the application for FREE patent, HOMESTEAD patent, SALES patent or other grants of public land is filed JUDICIAL LAND REGISTRATION a) Ordinary Land Registration- where the application for registration is filed and initiated by the person claiming ownership of the land in the court b) Cadastral Land Registration Proceedings- where the application is instituted by the government, either in whole or in part, of the lands of the municipality, city or province. [NOTE: in cadastral, it is the government who undertakes to survey the land applied for registration] All persons are given notice by publication [OG/NP general circulation] Those who claim ownership over the land sought to be registered by the govt must make his claim known and prove the same in the court In the absence of adverse claimants or when adverse claimants fails to prove ownership, the land will be declared public land Upon favorable judgment the court will: 1. Order the Land Registration Authority to issue the decree of registration; and 2. For the Register of Deeds to issue the corresponding Original Certificate of Title to the owner of adjudged owner. ADMINISTRATIVE PROCEEDINGS -Application for FREE patents, HOMESTEAD patents, SALES patent or other GRANT of public land -to be filed and determined by the DENR: a) if application granted, DENR issues a patent; b) such patent shall be registered in the Office of the Register of Deeds; c) who shall then issue a corresponding Certificate of Title in the name of the registered owner. [NOTE: in both Judicial and Administrative Proceedings, the Register of Deeds makes the proper entries in his RECORD BOOK and issues the corresponding

owners duplicate certificate of the Certificate of Title in the name of the registered owner.] Torrens Certificate of Title- is the evidence of ownership issued by the Register of Deeds to the owner of a particular land registered under the Torrens System of registration. A certificate of title may be an Original Certificate of Title or Transfer if Certificate of Title.