LAND TITLES & DEEDS
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LAND REGISTRATION Purposes: 1. To quiet title To provide a means of publication Ways of Registering Title 1. Judicial filing of petition with the court decree → OCT 2. Admi Admini nist stra rati tive ve filing of petition with the DENR or the Director of Lands patent → OCT 2 Kinds of Registration Proceedings 1. Origin ginal – securi uring of title for the first time (OCT) Subsequent – registration after 2. the original registration (OCT → TCT) Kinds of Original Registration 1. Ordinary voluntary registration Kinds: a. Unde Underr P.D P.D.. No. No. 1529 1529 b. Under Sec. 48(b) of CA No. 141, as amended 2. Cadastral compulsor compulsory y registrat registration ion initiated initiated by the government. involuntary registration Original Registration Proceeding proceeding brought before the Regional Trial Court (land registration court) to determine title or own ownersh ershiip of land and on the basi asis of an appl applic icat atio ion n for for regi regist stra rati tion on or answe answerr by a claimant in a cadastral registration. Systems of Registration 1. Regi egister stered ed land lands s unde underr the the Torr orrens ens system 2. Unregistered lands under Act No. 3344 and P.D. No. 1529 TORRENS SYSTEM a system for registration of land under which, upon the landowner’s application, the court may, afte afterr appr approp opri riat ate e proc procee eedi ding ngs, s, dire direct ct the the issuance of a certificate of title. Purposes: 1. To avoid possible conflicts of title in and to real property; and 2. To facilitate transactions relative thereto by
should imply a reasonably cautious man to make such further inquiry. TORRENS TITLE certi certific ficate ate of owners ownership hip issued issued under under the Torrens system of registration by the govern governmen ment, t, throug through h the Regist Register er of Deeds, Deeds, naming and declaring the owner in fee simple of the real property described therein, free from all liens and encumbrances except such as may be expressly noted thereon or otherwise reserved by law. it is conclu conclusiv sive e agains againstt the whole whole world world,, incl includi uding ng the the gover governm nmen ent, t, and and to a hold holder er ther thereo eoff in good good fait faith h it is guar guaran ante teed ed to be indefeasible, unassailable, and imprescriptible. Prob Probat ativ ive e Valu Value: e: Torr Torren ens s Titl Title e may may be recei eceiv ved in evide videnc nce e in all all cour ourts of the Phili Philippi ppines nes,, and shall shall be conclu conclusiv sive e as to all matters contained therein, principally the identity of the owner of the covered land thereby, except so far as provided in the Land Registration Act. Administration of the Torrens System 1. Land Registration Authority (LRA) – agency of the the gove govern rnme ment nt char charge ged d with with the the effi effici cien entt execution of laws relative to the registration of lands. 2. Register of Deeds (RD) – the public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is located. The function of the Register of Deeds with with refe refere rence nce to the the regi regist stra rati tion on of deeds, encumbrances, instruments and the like is ministerial in nature (Baranda vs. Gustilo, 165 SCRA 757) Instances when RD may deny registration: 1. Where Where ther there e are are more more than than 1 copy copy of the the owner’s duplicate certificate of title and not all such copies are presented presented in the Register of Deeds 2. Wher Where e the the volun volunta tary ry instr instrum umen entt bear bears s on its face infirmity 3. Wher here the vali alidit dity of the instr nstrum umen entt sought to be registered is in issue in a pending court suit 4. When When the the docum documen entt is not ver verif ifie ied d and notarized 8 MODES OF ACQUIRING TITLES: 2 (PREPA ID) 1. Public grant based on the Public Land Acts 2. Reclamation filling up of parts of the sea for conversion to land.
4. 5. 6. 7.
Private grant or voluntary transfer Adverse possession or prescription Accretion Involuntary alienation E.g. eminent domain/expropriation 8. Descent or devise Registrable Lands: 1. Public agricultural lands 2. Private lands Non-registrable lands: 1. Those found in Civil Code provisions provisions dealing dealing with non-regist non-registrable rable prop proper erti ties es (e.g (e.g.. prop proper erty ty of publ public ic domain) 2. Specific ki kinds of of no non-registrable properties or lands: a. Fore orest or timber berland, public forest, & forest reserve b. Mang Mangro rove ve swam swamps ps c. Mine Minera rall lands ands d. Fore Foresh shor ore e land land & seas seasho hore re e. Navi avigable rivers, stream eams & creeks f. Lakes g. Mili Milita tary ry Rese Reserv rvat atio ions ns h. Watershed i. Grazing lands j. j. Prev Previo ious usly ly titl titled ed land land k. Alluvi Alluvial al deposi depositt along along river river when when man-made 13
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STEPS IN ORDINARY LAND REGISTRATION PROCEEDINGS: (SFSTP-SFH-PIEST) Survey of the land by the Bureau of Lands or a duly licensed private surveyor; Filing of Application for Registration by the applicant; Setti etting ng of date date for for init initia iall hear hearin ing g by the the court; Transmittal of Application and date of initial hearing together with all documents or other evidences attached thereto by the Clerk of Court to the Land Registration Authority; Publication of Notice of Filing of Application and date and place of hearing once in the Official Gazette and once in a newspaper of general circulation in the Philippines; Service of Notice upon contiguous owners, occupants and those known to have interest in the property by the sheriff; Filing of Answer or Opposition to Application by any person whether named in the notice or not; Hearing of the case by the court; Promulgation of judgment by the court;
11. Entry ntry of Decree Decree in the Land Land Regist Registrat ration ion Authority; Note: This serves as the reckoning date to dete determ rmin ine e the the 1-ye 1-year ar peri period od from from which one can impugn the validity of the registration. 12. Sending of copy of Decree to the corresponding Register of Deeds; and 13. Transcripti ranscription on of Decree Decree in the registrat registration ion book book and issuan issuance ce of Owner Owner’s ’s Dupli Duplicat cate e Original Certificate of Title of the applicant by the Register of Deeds upon payment of the prescribed fees. Appli Applicab cable le to proce proceedi edings ngs under under P.D. P.D. No. 1529 1529 and in the judici judicial al confir confirmat mation ion of imper imperfe fect ct titl title e unde underr sec. sec. 48(b 48(b)) of the the Public Land Act, as amended (C.A. No. 141) A cert certif ific icat ate e of titl title e issu issued ed with withou outt full fully y comply complying ing with with the above above requis requisite ites s is thus thus illegal and invalid and may be cancelled by the courts.
JUDICIA JUDICIAL L CONFIRM CONFIRMATIO ATION N OF IMPERFEC IMPERFECT T OR INCOMPLETE TITLE Applicants: 1. Fili Filipi pino no citiz citizen ens s who who by thems themsel elve ves s or throug through h their their predec predecess essoror-inin-int intere erest st have bee been in open, conti ntinuous ous, exclusive and notorious possession and occupation of: a) alie aliena nabl ble e and dispo disposa sabl ble e lands lands of publ public ic domai domain n unde underr bona bona fide fide claim claim of acquis acquisiti ition on since since June 12, 1945 or prior thereto b) agr agricultural land ands of publi blic domain domain under a bona fide claim of acquisition of ownership, for at leas leastt 30 year years s or at leas leastt since January 24, 1947 2. Priv Privat ate e corp corpor orat atio ions ns or asso associ ciat atiions ons which had acquired lands from Filipino citizens 3. Natu Natura rall-bo born rn citi citize zens ns of the the Phil Philip ippi pine nes s who who have have lost lost thei theirr citi citize zens nshi hip, p, who who have acquired disposable and alienable land lands s of publ public ic domai domain n from from Fili Filipi pino no citizens What Applicant Must Prove: 1. That the land is alienable and disposable land of public domain; and 2. Possession and occupation must be for a length of time and in a manner and conc concep eptt stat stated ed in Sec. Sec. 48 (b) (b) of the the Public Land Act. Specific Evidence: A. Proof Proof that that land land is aliena alienable ble,, dispos disposabl able e
B.
4. Bureau Bureau of Fore Forest st Devel Developm opment ent Land Land Classification Map 5. Certif Certifica icatio tion n by Direc Director tor of of Forest Forestry ry 6. Inve Invest stig igat atio ion n repo report rts s of Burea ureau u of Lands 7. Legi Legisl slat ativ ive e act act or sta statu tute te Proof of identity of land 1. Surv Survey ey plan plan in gene genera rall 2. Traci acing clot cloth h plan plan and and blue blue pri print copies of plan 3. Techni Technical cal descri descripti ption on of of the the land land 4. Tax Tax decl declar arat atio ions ns 5. Boun Bounda dari ries es and and area area Original Survey of the land must be approved by the Director of Lands Filing of Application 1. RTC original jurisdiction converted into a land registration court 2. MTC principle of delegated jurisdiction cases filed with the RTC may be endorsed to the MTC for hearing and trial, provided that: a) The The amoun amountt invol involve ved d does not not excee exceed d P100,000.00 b) There There is must must be be no no cont controv rovers ersy y Person Persons s Who Who May Apply Apply for Regist Registrat ration ion:: (Sec. 14, PD No. 1529) 1. Thos Those e who, by thems themsel elve ves s or thro throug ugh h their their predecessors-in-interest, have been in open, cont contiinuou nuous, s, excl exclus usiive and and notor otoriious ous 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; 2. Thos hose who have have acqu acquiired owne ownerrship ship of priv privat ate e land lands s by pres prescr crip ipti tion on unde underr the the provisions of existing laws; 3. Thos hose who have have acqu acquiired owne ownerrship ship of privat private e lands lands or abando abandoned ned river river beds beds by right of accession or accretion; and 4. Those Those who who have have acqui acquired red owne ownersh rship ip of of land land in any other manner provided for by law. Publication,
Mailing, and Posting Requirements (PMP) mandatory and jurisdictional requirements
1. Publication Official Official Gazette and newspaper newspaper of general general circulation Purposes: 1. To conf onfer juri urisdi sdicti ction over over the land and applied for upon the court 2. To charge the whole world with
Administrator of Land Registration Authority shall cause a copy of the notice shall cause a copy copy of the the noti notice ce of init initia iall hear hearin ing g of the the application to the mailed to the following: a. Every person named in the notice whose address is known b. Secretary of DPWH, Provincial Governor, and Mayor of the municipality or city, as the case may be in which the land land lies lies if applic applicant ant reque requests sts to have have the line of a public way or road determined c. Secr Secret etar ary y of DAR, DAR, Soli Solici cito torr Gene Genera ral, l, Director of Land Management, Director of Mines Mines and/or and/or Direct Director or of Fishe Fisheri ries es and Aquati Aquatic c Resour Resources ces,, as the case case may be, if the land borders on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has been established, established, or on a lake, or if it otherwise appears from the application that that a tena tenant nt-f -far arme merr or the the nati nation onal al government may have a claim adverse to the applicant. 3. Posting Posting of the copy of the Notice of Hearing duty of the Sheriff must be made for 14 days before date of initial hearing, in conspicuous places Note: Certification by the LRA and the sheriff that the requisite publication and posting have been complied with is conclusive proof of such facts. Service of Notice upon contiguous owners indispensable lack of service constitutes “extrinsic fraud” Answer or Opposition advers adverse e claim claimant ants s must must set forth forth in their their answer all their objections to the application and must claim that title should instead be issued to them. the supporting evidence is the same as that required of an original applicant Hearing the court may either: 1. hear hear the the partie parties s and their their evid evidence ence;; or 2. refer the case or any part thereof to a referee or commissioner. Because of the Regalian Doctrine, the burden of proving interest in the land is incumbent upon the applicant. evidence may be testimonial or documentary, e.g. survey plan, tracing cloth plan, and other
enable him to substantiate and prove title to his estate. Judgment the court has 2 duties: 1. Render ju judgment, de declare the same final, and cause the decision’s entry; and 2. Order th the LR LRA to to is issue decree of registration. The court decision is reduced into a compact statement. The court may reverse its decision even after the the LRA LRA has has alre alread ady y issu issued ed the the decr decree ee of registration, provided that such decree has still not been entered in the LRA records. Duties of the LRA: 1. Issue a decree of registration; 2. Enter th t he decree in its records; 3. Send copy of the decree to the Register of Deeds. The RD issues the certificate of title. DECREE OF REGISTRATION issued by the LRA Contents: 1. date date , hour hour,, minu minute te of of entr entry y 2. signat signature ure of the the LRA LRA Admi Adminis nistra trator tor 3. whether the owner is married or unmarried, and if married, the name of the husband or wife CERTIFICATE OF TITLE issued by the RD true copy of the decree of registration Probative value: best evidence of ownership of registered land Attributes and Limitations: GENERAL RULE: RULE: Every Every regist registere ered d owner owner þ GENERAL receiv receivin ing g a certi certific ficate ate of title title in pursua pursuance nce of regist registrat ration ion and every every subsequ subsequent ent purcha purchaser ser taking a certificate for value and in good faith shall hold the same free from all encumbrances. EXCEPTIONS: þ EXCEPTIONS: 1. Those Those noted noted on the certif certifica icate te 2. Liens Liens claim claims s or rights rights aris arising ing or existi existing ng under the laws and the Constitution, not requ requir ired ed to appe appear ar of reco record rd in the the Register of Deeds to be valid 3. Unpai npaid d real eal est estate ate taxes axes levi evied and and assess assessed ed withi within n 2 years years immedi immediate ately ly preced precedin ing g the acquis acquisit ition ion of the right right over the land by an innocent purchaser for value 4. Any pub public highway, ay, or private way established or recognized by law, or any
P.D. 27 or any other law or regulations on agrarian reform Indefeasibility of Certificate of Title RULE: Upon expiration of 1 year from from and and afte afterr the the entr entry y of the decr decree ee of regist registrat ration ion in the LRA, LRA, the certi certific ficate ate of title title becomes incontrovertible and indefeasible. EXCEPTIONS: þ EXCEPTIONS: 1. If prev previo ious us vali valid d title title of the the same same land land exists 2. When hen land and cover overed ed is not not capa capabl ble e of registration 3. When hen acquisition of certificate is attended by fraud GENERAL þ GENERAL
Annotations in the certificate of title, however, are not conclusive and indefeasible.
Doctrine of Non-Collateral Attack of Decree or Title a decree of registration cannot be subject to collateral attack after the lapse of 1 year from the entry thereof in the LRA. CADASTRAL REGISTRATION Procedure: 1. Cada Cadast stra rall surv survey ey 2. Fili Filing ng of of pet petit itio ion n 3. Public Publicati ation on of Notice Notice of Initia Initiall Heari Hearing ng in Official Gazette 4. Fili Filing ng of Answ Answer er 5. Hear Hearin ing g of of the the case case 6. Decision 7. Issuan Issuance ce of Decre Decree e and Certi Certifi ficat cate e of Title Title P.D. No. 1529 CADASTRAL 1. Nature of Registration Voluntary Compulsory 2. Applicant Landowner Director of Lands 3. Lands Covered Usually involves all classes of lands are priv privat ate e land land;; it may may included als also refer efer to publ publiic agricultural lands if the object of the action is conf confiirmatio ation n of an imperfect title 4. Parties Applicant and landowners must come opponent to court as claimants of their own lands 5. Purpose peti petiti tion oner er come comes s to govern governmen mentt asks asks the cour courtt to conf confir irm m his his cour ourt to sett ettle and and titl title e and seeks eeks the the adjudi adjudicat cate e the title title of registration of the land the land
No adver adverse se clai claim; m; if the the appl applic ican antt fail fails s to prove ove his his title, his his appl applic icat atio ion n may may be dism dismiissed ssed withou hout prejudice (no res judicata)
if none of the applic applicant ants s can prove prove that he is entitled to the land, the same shall be decl declar ared ed publ public ic (res (res judicata)
Othe Otherr Matt Matter ers s With Within in the the Juri Jurisd sdic icti tion on of Cadastral Courts: 1. To de declare th the pr property su subject of the proceeding public land, if there are no successful claimants 2. To or order th the co correction of of th the technical description of the land 3. To resolve the priority of overlapping titles 4. To adjudicate lands already covered by certificate of title, where there exi exists sts serio erious us cont contrrover oversy sy as to the certificat certificate’s e’s authentici authenticity ty vis-à-vis vis-à-vis the land covered therein REME REMEDI DIES ES OF AGGR AGGRIE IEVE VED D PART PARTY Y IN REGISTRATION PROCEEDINGS 1. New Trial 2. Reli Relief ef from from Judg Judgme ment nt 3. Appeal 4. Peti Petiti tion on for for Rev Revie iew w 5. Acti Action on for for Rec Recon onve veya yanc nce e 6. Acti Action on for for Dam Damag ages es 7. Acti Action on for Compen Compensa sati tion on from Assur Assuran ance ce Fund 8. Cancel Cancellat lation ion Suits Suits/An /Annul nulmen mentt of judgment judgment 9. Quie Quieti ting ng of titl title e 10. Criminal Criminal Action Action Requisites for Entitlement to Compensation from the Assurance Fund: a. Claimant, who must be an an owner, owner, purchaser purchaser or encu encumb mbra ranc nce e in good good fait faith, h, suff suffer ered ed actual damage by the loss of the land or interest therein; b. No negli negligen gence ce is attrib attributa utable ble to him; him; c. Loss or damage suffered was not occa occasi sion oned ed by brea breach ch of trus trustt or any any mistake in the resurvey of subdivision of the registered land; d. Claimant ant is, by provi ovisions of the Land and Regi Regist stra rati tion on Act, Act, barr barred ed or in any any way way precluded from bringing an action to recover the land and or inter nteres estt there hereiin, or from rom obtain obtaining ing compen compensat sation ion direct direct from from the person responsible; e. Action to recover from the Assurance Fund has not prescribed; and f. Loss or dam damage was due to any any of the t he following:
3. By mistake, omission or misdescription in a certificate or owner’s duplicate, or in any any entr entry y or memo memora rand ndum um in the the register or other official book. LAND PATENTS Kinds: 1. Home Homest stea ead d pate patent nt 2. Free patent 3. Sale ales pa patent 4. Spec Specia iall Pate Patent nts s Restricti Restriction on on Alienatio Alienation/En n/Encumb cumbranc rance e of Lands titled Pursuant to Patents: 1. Lands ands acqu acquiired red unde underr free pat patent ent ar homestead patent is prohibited, except if in favor of the government 5 years from and after the issuance of the patent or grant 2. Transfer or conveyance of any homestead after 5 years and before 25 years after issuance of title without the approval of the Secretary of DENR RECO RECONS NSTI TITU TUTI TION ON OF CERT CERTIF IFIC ICAT ATE E OF TITLE The restorati restoration on of the instrument instrument which is supposed to have been lost or destroyed in its original form and condition. Kinds: 1. Judicial 2. Admini Administr strati ative ve - may be availed availed of only in case of: a) Substa Substanti ntial al loss loss or destru destruct ction ion of the original land titles due to fire, flood, or other force majeure as determine determined d by the Administrator of the Land Registration Authority; b) The numb number er of certi certific ficate ates s of title title lost lost or or damaged should be at least 10% of the total number in the possession of the Office of the Register of Deeds; c) in no case shall the number of certificates of title lost or damaged be less than P500; and d) Petit Petition ioner er must must have have the dupl duplica icate te copy copy of the certificate of title. (RA 6732) Note: ote: The law prov proviides des for for appli plication thereof to cases immediately preceding 1989.
retr etroact oactiive 15 years
When the duplicate title of the landowner is lost, the proper petition is not reconstitutio reconstitution n of title, but one filed with the court for issuance of new title in lieu of the lost copy.
SUBSEQUENT REGISTRATION
Dealings with registered lands: 1. Voluntary a. Sale b. Real Real Prop Proper erty ty Mort Mortga gage ge c. Lease d. Pact Pacto o de de ret retro ro sale sale e. Extr Extraa-ju judi dici cial al settle settleme ment nt f. Free Free pate patent nt/h /hom omes este tead ad
e.
Registration of Voluntary Instruments Inst Instru rume ment nt must must be in a form form a. sufficient in law Nati Nationa onali lity ty of the the appl applic icant ant is an important qualification. b. Presentation of the deed or instrument c. Presentation of the Certificate of Title d. Certificate Authorizing Registration, as issued by the BIR proof of payment of capital capital gains tax and documentary stamps Entry in the Primary Entry Book The date of registration is material for purpos purposes es of Art. Art. 1544 1544 of the the CC re: re: double sales. f. Payment of prescribed fees 2. Involuntary a. Attachments i. prel prelim imin inar ary y atta attach chme ment nt ii. garni arnis shment iii. iii. levy levy on exec execut utio ion n b. Registration of sale of land on execution, or for taxes, or for any assessment c. Adverse Claim Requisites for Registrability: i. adverse adverse to registe registered red owner owner ii. ii. aris arises es afte afterr ori origi gina nall reg regis istr trat atio ion n iii. cannot be registered under any other provisions of the Land Registration Act. If annotated in the certificate of title, it cannot be cancelled without court order. d. Notice of Lis Pendens When Applicable: i. to reco recove verr poss posses essi sion on of real real estate ii. to quiet title title thereto iii. to remove clouds upon title thereof iv. for partition v.any other other proc procee eedi ding ng of any any kind in court directly affecting the titl title e to the land land or the the use use or occupation thereof or the building thereon.
iii. proceedings on probate of wills iv. administration of estate of deceased persons v.levies on execution e. Foreclosure
the the
UNREGISTERED LANDS 1. Volu Volunt ntar ary y and and invo involu lunt ntar ary y inst instru rume ment nts s affecting unregistered land must also be registered; 2. With With resp respect ect to volu voluntar ntary y inst instrum rument ents, s, itit is the regist registrat ratio ion n thereo thereoff that that makes makes them binding as even as against third persons; and 3. A party to such instrument may, when proper, resort to the remedy of consultas. Sale of Unregistered lands: a. There mu must be be a de deed or or instrument of conveyance b. There must be an agreement to register the land under the Torrens System with the RD Even without registration, the contract is valid and binding upon the parties thereto alone and not upon third parties without notice.
knowledge is However, However, as to third third parties, parties, knowledge tantamount to registration.
